Knowledge and comprehension
The course aims to offer an overall frame of the EU social law and policy’s evolution through the years, essentially focusing on the changing role of social rights within the internal market building process. After such a general introduction, specific attention will be given to some of the main topics currently debated on a European scale: The application of the European Charter of Fundamental rights in the ECJ case law; Freedom of movement of workers and jobseekers; Anti-discrimination law; Transfer of undertakings; Fixed term contracts; Voluntary and involuntary part time; Posting of workers and freedom to provide services; European social dialogue; Collective redundancies; European Works Councils
Ability to turn knowledge and comprehension into practice
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.
Autonomous evaluation capabilities
During the lessons, a didactic method will be constantly used to explain the different politics of law options underlying the social legislation and the Court of Justice case-law, in order to improve the students’ capacities towards a critical learning of the different regulatory choices intertwined in the field of Labour law.
Learning ability
Periodic self-assessment tests will be carried out in class, through which the students' on-going learning rate will be checked with respect to the topics previously treated
Communication skills
The course aims to increase the student's ability to communicate and transfer the concepts learned. To this end, active participation is encouraged, by prompting students to raise questions or to report about the topics dealt with in the course of the lessons.
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.
Informazioni per studenti con disabilità e/o DSA
A garanzia di pari opportunità e nel rispetto delle leggi vigenti, gli studenti interessati possono chiedere un colloquio personale col docente in modo da programmare eventuali misure compensative e/o dispensative, in base agli obiettivi didattici ed alle specifiche esigenze.È possibile rivolgersi anche al docente referente CInAP (Centro per l’integrazione Attiva e Partecipata - Servizi per le Disabilità e/o i DSA) del nostro Dipartimento, prof. Condorelli.
Per le propedeuticità formali consultare il regolamento didattico della coorte di riferimento disponibile nella pagina dedicata http://www.lex.unict.it/it/chi-siamo/regolamenti-didattici-del-corso-di-laurea-magistrale-ciclo-unico-giurisprudenza-lmg01
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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Argomenti | Riferimenti testi | |
1 | European Labour Law: scope and sources | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
2 | Labour law ''of'' and Labour Law ''in'' the EU | Assigned reading materials on line (Studium) |
3 | Labour law and internal market law | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
4 | The role of the European Charter of Fundamental rights in Labour law | Assigned reading materials on line (Studium) |
5 | Freedom of movement of workers | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
6 | Posting of workers and freedom to provide services | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
7 | Non discrimination and equal treatment | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
8 | Fixed-term work | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
9 | Temporary agency work | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
10 | Working time | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
11 | Transfer of undertakings | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
12 | Collective dismissals | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
13 | European Social dialogue | Jaspers T. - Pennings F. - Peters S. (eds), European Labour Law |
Oral examination - Presentation by students in class.
The test/exam will be assessed according to the following criteria established by the Board of the Degree Course (September 17, 2018):
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