Scientific Disciplinary Sector (SSD)
IUS/07 - LABOUR LAW
2° periodo lezioni (2A) dal Feb 13, 2023 al Mar 25, 2023.
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).
Prerequisites and basic notions
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, discrimination, 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.
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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.
Learning assessment procedures
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.
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.
Criteria for the composition of the final grade
- For attending students, the final evaluation is based on 30 scale point and represents the result of the written test and oral examination.
- For non-attending students ,the final evaluation is entirely based on the oral examination. The final mark is based on a 30 scale point.