EUROPEAN AND INTERNATIONAL LABOUR LAW
Learning outcomes of the course unit
Through the study and class attendance, the student:
- develops a thorough knowledge of the founding principles of the European labour law, with specific reference to the Union's action in the field of labor market and regulation of non-standard contractual models and the related principles developed by the ECJ;
- explores the positive content of European labor law, particularly with regard to the Directives on non-standard contractual models and on outsourcing and decentralization of production;
- acquires an equally complete knowledge of intervention models in the international context carried out by the European Union to promote the protection of workers' rights in developing countries and, in general, of the principles laid down in international law on the relationship between trade and labor;
- Analyzes the choices made by the Italian legislator in the adaptation of European law and their compatibility with the directives and related legal principles as endorsed by the ECJ;
- acquires knowledge of the legislative patterns adopted by some of the BRICS in order to adapt their labor and industrial relations systems to to the rapid changes of the domestic and international economic reality;
- in general, acquires ample capacity to understand the dynamics and the functioning mechanisms of the relationship between domestic laws, international legal systems and production patterns in the complex panorama of the global economic system;
- acquires the ability to use the principles of European labor law as a tool for resolving disputes related to employment relationships and labor relations
In order to take the exam for European and International Labor Law, Italian students must have passed the Language Skill test - B1 English language and have passed the examinations of Private Law and Institutions of Roman Law
N.B.: Starting from the academic year 2009-2010, students enrolled in the Corso di laurea Magistrale in Giurisprudenza that have passed the exam acquire the 3 CFU in relation to the exam of Legal Language - English language.
Having already passed the exams of Labour law and European union law is highly suggested
Course contents summary
The course concerns European and International labour law, with reference also to comparative labor law. In particular, it analyzes the social policy of the European Union with regard to the labour market and the models of non-standard contracts; the external action of EU to promote the protection of labor in developing countries; the evolution of the discipline of employment relationship and of trade unions and collective labor rights in countries that in recent decades have achieved a high economic development on the international scenario (BRICS); the regulation of some legal institutions related to the employment relationship or collective labor relations in non-European countries with similar legal traditions
The course is divided into three parts:
- General principles of the European legislatio and work policies (flexicurity);
- Non-standard contracts and outsourcing: study of the concerned Directives; ECJ case law; implementation of European directives into the Italian domestic legal system (with particular attention to the compatibility with the principles laid down by the Directives and European case law);
- ECJ case law on transnational collective conflicts and the relationship between conflict and competition
- The external action of European Union aimed to promote the protection of labor in developing countries
- Collective conflict and competition in the legal system of the United States;
- The general principles and the most important institutions of Trade unions law and of employment in some of the BRICS
The course materials are indicated or distributed during classes and are related to the topics discussed during the course.
For students who do not attend classes the suggested text is Anne C. L. Davies, EU Labour Law, Edward Elgar Publishing,in the most recent edition.
Even students who do not attend classes have the opportunity to undertake research works on topics agreed upon with the professor, which will be discussed during the examination.
Such activities will grant a reduction of the topics to be studied on the suggested text book
The course is conducted through lectures. Lectures are focused on interaction between the teacher and students in the analysis of all the topics. Therefore active participation to classes by the students is required.
The part of the course dedicated to the legal systems of the BRICS takes place through the preparation of a paper by the students. It is presented by power point in class. To this end, special lectures will be conducted in the computer lab to learn the use of international legal databases
Assessment methods and criteria
The assessment of learning outcomes achieved by students takes place through oral examinations, that can be preceded with written exercises, for students who attend the course.
The oral tests are aimed at verifying:
- The knowledge of the theoretical and dogmatic principles concerning the topics covered by the course and the content of the different institutions treated, as well as the legal scholarship and case law;
- An understanding of the processes of evolution concerning the different legal systems object of the course;
- The relationship between legal and economic-social dynamics;
- The ability of resolution of cases.
The written exercises carried out by the student who attend the course consist of open questions which target the resolution of cases, on the basis of the case law discussed.
The papers made by the students (who attend or not the course), as well as the degree of interaction with the teacher and colleagues demonstrated during the lessons does, will affect the result of the examination