EUROPEAN AND INTERNATIONAL LABOUR LAW
Learning outcomes of the course unit
The study and class attendance, will allow the student to:
- develop an in-depth knowledge of the founding principles of European labour law, with specific reference to the Union's action in the field of labor market; regulation of non-standard contractual models and the related principles developed by the ECJ;
- explore 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;
- acquire 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;
- analyze the choices made by the Italian and other domestic legisaltion in the implementation of European law and their compatibility with the directives and related legal principles as endorsed by the CJEU;
- acquire ample abilities 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;
- acquire 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 Principles of Private Law, Principles of Roman Law, Constitutional Law and Labour 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 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 legislation 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);
- CJEU 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 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.
Students, who attend or 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 consists of heuritstic-socratic classes and the analysis of case-studies on the most significant case-law on the treated matters.
Classes are focused on interaction between the teacher and students in the analysis of all the topics. Therefore active participation by students is required.
Students are required to right papers on some of the treated subjects, 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 objectives achieved by students takes place through oral examinations, based on at least two questions, which can be preceeded by 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.
Written examinations carried out by the student who attend the course consist of open questions tests, which target the resolution of cases, on the basis of the case law discussed.
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 will be taken into account within the result of the examination