EUROPEAN LABOUR LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2018/2019
- Teacher
- STEFANIA BUOSO
- Credits
- 6
- Didactic period
- Primo Semestre
- SSD
- IUS/07
Training objectives
- The course is aimed at the acquisition of the following capacities: knowledge and understanding of the fundamental provisions of the Treaties and of secondary legislation concerning Labour Law and collective relations with special attention to the development of national and European case law. Deriving abilities will be those of legal experts aware of the important EU character of the current Italian legal system and therefore capable to tackle and solve actual problems posed by the intersection of the two legal orders.
Prerequisites
- Proper knowledge of the fundamental principles and institutions of Italian Labour Law and of EU law; the knowledge of the official language of another EU-Member State is recommended. The student must have passed four examinations before sitting for the exam of European Union Labour Law: Constitutional Law; Institution of Private Law; European Union Law.
Course programme
- Legal sources retrieval in EU databases Geopolitical history and evolution of the Treaties up to the Lisbon Treaty; the social dimension of the Union and the Charters of Fundamental Rights; the norms and their efficacy; particularly the principle of primacy e the direct effect doctrine in case law (first 2 weeks). Free circulation of workers and employment policies; the principles of equality and non-discrimination; working time; reorganization and company crisis; health and safety at work; non-standard employment contracts; part-time and fixed term contracts (5 weeks). Social dialogue and European collective bargaining; information, participation and consultation of workers; European working councils, the Societas Europaea (3 weeks).
Didactic methods
- Lectures and seminars with the active participation of students, particularly in discussing CJEU cases and deep investigating some recent issues.Seminars will be developed mainly in the central part of the course, and will be organized assigning decisions of EUCJ and/or pieces of legal literature to students (divided in groups) and leading the discussion between the students themselves and (when possible) invited experts.
Learning assessment procedures
- Oral examination and discussion of cases; normally three questions are posed to the candidate and she/he is asked to comment a decision of the CJEU at her/his choice.The final mark will be the result of the average of the evaluation of the different answer and of the presentation of the case.
Reference texts
- One of the following texts at student's choice
Barnard C., EC Employment Law, OUP.
Sciarra S., Solidarity and Conflict. European social law in crisis, Cambridge university press.
Roccella M. e Treu T., Diritto del lavoro dell'Unione Europea, Cedam.
