EUROPEAN LABOUR LAW
Academic year and teacher
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- Versione italiana
- Academic year
- 2021/2022
- Teacher
- SILVIA BORELLI
- Credits
- 6
- Didactic period
- Secondo Semestre
- SSD
- IUS/07
Training objectives
- Main knowledge acquired: The course aims at providing knowledge about labour law issues in the European integration process. In the first part of the course, the social rules of the EU Treaties and the EU social policies will be presented. The origin and the evolution of the European social dialogue and the European and transnational collective bargaining will be illustrated as well. The second part of the course will deal with the harmonisation of national labour regulations and transnational labour law. The students attending the course will be invited to present and comment the most recent sentences concerning labour law adopted by European courts.
Main ability acquired: During the lessons, the main ECJ, ECtHR and ECSR decisions will be discussed and some European and transnational collective agreements will be analysed. The students will therefore acquire the capacity to find the texts of the main European and transnational collective agreements and to interpret their content. Moreover, the students will be able to consult database on case law and regulation. Finally, some lessons on the specific lexicon of European Labour Law will be organised. Prerequisites
- The students should have good knowledge of the fundamental civil law and labour law principles. A good knowledge of EU sources is also required. Moreover, the students should be aware of the role and the functions of the main EU Institutions.
Prerequisites: Private Law, Constitutional Law and EU Law. Course programme
- First part: the European integration process from the end of the Second World War until today; the Treaties’ evolution from the Treaty of Rome until the Treaty of Lisbon; the social policies inside the EU; the European Charters of Fundamental Rights and their interpretation by European courts; the European social dialogue; European and transnational collective bargaining.
Second part: during each academic year the course will deepen either issues concerning the harmonisation of national labour law, or transnational labour law issues. In the a.a. 2021/22, the course deals with harmonisation of national labour law.
The harmonisation of national labour law: health and safety at work; working time regulations; antidiscrimination law; non-standard workers; redundancies; transfer of undertaking; employer’s insolvency; right to information and consultation.
Transnational labour law: the four freedoms of movement (outlines); free movement of citizens and workers; freedom to provide services and its effects on labour law: posting of workers, limits to the right to strike, the application of collective agreements; transnational collective agreements; right to information and participation in European undertakings and groups of undertakings.
During the course, lectures (30 hours) and seminars (10 hours) will be organised. Didactic methods
- During the lessons, the main institutes of EU labour law will be illustrated through the analysis of the EU directives and regulations, ECJ, ECtHR and ECSR decisions and the most important European and transnational collective agreements. In the seminar that will be organised, the students will present the main EU labour law disputes, indicating the role of EU institutions and/or European trade unions.
Learning assessment procedures
- During the final exam – oral (English) – the knowledge of EU labour law will be verified. The students attending the course present and comment the most recent sentences concerning labour law adopted by European courts; only the knowledge of two topics selected in agreement with the professor will be verified during the oral exam.
Reference texts
- The students can choose among the following textbooks (only the chapters corresponding to the course programme must be studied):
BARNARD C., EC Employment Law, Oxford: Oxford University Press (last edition available).
RODIERE P., Droit Social de l’Union Européenne, Paris: LGDJ (last edition available).
ROCCELLA M., Treu T., Diritto del lavoro della comunità europea, Padua: Cedam, (last edition available).
The slides projected during the lessons, as well as further documents (transnational collective agreements, decisions of European courts, etc.), will be uploaded on the course website.
