Scientific Disciplinary Sector (SSD)
IUS/07 - LABOUR LAW
2° periodo lezioni (2A) dal Feb 14, 2022 al Mar 26, 2022.
The course aims at providing the necessary conceptual, regulatory and methodological tools for analysing and understanding the main social and labour law issues and regulations at the international and EU level.
The purpose of the course is to put students in the condition to comprehend how the International Labour Organisation (ILO) and the European Union (EU) operate with regard to labour protections and their ability to understand how different levels of regulations interact in multilevel systems, having particular regard for the role of the Court of Justice of the European Union (CJEU).
After a presentation of the multilevel framework of rules dedicated to labour, the course analyses the historical development of the EU social policy, from the founding Treaty to the entry into force of the Lisbon Treaty in December 2009. The first part of the course is devoted to the functioning of the EU law sources: starting from the legally binding nature of the Charter of fundamental rights, specific attention will be paid to the distinction between hard law and soft law sources and to the functioning of the EU social dialogue. The course will proceed to investigate the traditional topics of the EU social law: free movement of workers, employment policies, atypical jobs, discriminations, working time, companies’ crises, health and safety at work. The analysis will also focus on the directives adopted on the basis of Title V of the TEUF. The study of the main meaningful judgements of the Court of Justice of the EU will also be an integral part of the course.
Multilevel framework of labour rules and development of the Treaties and of Social Law. From the First Social Action Programme to Europe 2020: the policies of the Commission. The Social Title of the Treaty. Hard law and Soft Law: employment policies. Social dialogue. Free movement of workers. The Directives adopted in accordance to Title V of the Lisbon Treaty. The case-law of the Court of Justice: meaningful cases.
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Teaching modalities are different depending on whether students are attending or not.
As for attending students, teaching modalities include: i) classroom-taught lessons, aimed at providing basic notions, theoretical categories and the relevant regulatory framework; ii) workshops, aimed at analysing the practical issues arising in the implementation of the theoretical system, with the support of case-law references. Specific files will be uploaded on the e-learning platform.
Students will be provided with a detailed calendar of the lessons, with their specific dates and contents.
Non-attending students will be provided with the support of an up-dated text-book. The content of this text-book is consistent with the topics analysed and discussed in the classroom lessons. Students can also get access to the additional materials available on the e-learning platform.
Students can meet the teacher during his office-time.
ASSESSMENT METHODS AND CRITERIA
The assessment of learning outcomes includes:
- For attending students, a written test on the topics dealt with during classroom lessons an eventual oral examination.
- For non-attending students, an oral examination on the entire programme, as presented in the textbooks.
Objectives of examinations:
For attending students, the oral examination aims at assessing the capacity of the student to link the theoretical and regulatory framework with practical issues and problems, as well as to solve case-studies with consistent and proper legal language and reasoning. For attending students, the written test aims at assessing the student’s knowledge of the programme topics, as dealt with in classroom lessons.
For non-attending students, the oral examination, which focuses on the entire programme, as presented in the textbooks, aims at assessing their knowledge, their capacity to use proper language, select and analyse the key-topics of the subject, develop links between the topics through legal reasoning.
Content and modalities of the examinations
- For attending students, the oral examination focuses on the analysis of a specific case-study, given to the student in advance. The related mark is expressed in thirtieth. The written text focuses on the topics dealt with during classroom lessons, with both open-ended questions and multiple-choice questions. The related mark is expressed in thirtieth. The final mark results from the average of the two marks.
- For non-attending students the oral examination focuses on the entire programme, as presented in the textbooks. The final mark is expressed in thirtieth.