EUROPEAN LABOUR LAW

Knowledge and comprehension
The course aims to supply a complete knowledge of European labour law. Particularly, the course will concern: evolution of European treaties; development of European social law; development of EU Secondary labour Law; evolution of social rights; relationship between social rights and economic freedom; European Charter of Fundamental Rights; European employment policy, Open Method of Coordination; social dialogue; employees’ involvement.

Skills
At the end of the course, students will gain understanding of European social law and an advanced knowledge both in national and European labour law. These competencies are really necessaries in globalised economic systems to understand fundamental principles of social law and labour market.

Frontal teaching and study in groups- All along the course a case-law oriented approach will be followed. Students might be are required to read some cases in advance and to discuss them in class.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

Basic knowledge of Labour Law and EU law is highly recommended.

Warmly recommended.

An introduction to EU labour law: from the founding Treaties to enlargement and economic crisis - The changing paradigm of EU labour and their critical relationships with internal market law will be discussed - The role of the European Charter of Fundamental rights in labour law - An illustration of the two traditional pillars of EU labour law (freedom of movement and anti-discrimination legislation) will follow. In the last part of the course, secondary legislation of the Union in the social field will be discussed by focussing on the provision and on the related ECJ case law on: transfer of undertakings and collective dismissals. atypical work, posted workers.

Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law, Intersentia, 2019, with limited reference to 4 or 5 chapters of the book, that will be selected during the course.

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Oral examination - Presentation by students in class.

Learning assessment may also be carried out on line, should the conditions require it.

Social policy and economic crisis

The application of the European Charter of Fundamental rights in the ECJ case law

Freedom of movement of workers and jobseekers

Indirect discrimination

Age discrimination

The legal notion of transfer of undertakings

Abusive fixed term contracts

Voluntary and involuntary part time

Posting of workers and freedom to provide services

The Laval quartet

Collective redundancies