Course Content

Over the course of the term, we will explore key elements of the European Union (EU)’s employment and labour law acquis. Different areas of individual and collective regulations and provisions will be analysed both through lectures and individual student presentations, with a view to understanding both the norms themselves, as well as their broader context and impact on individual Member States. Following a series of case studies and presentations, we will conclude with an outlook to the future (if any…) of the EU as a central actor in shaping employment law norms.

Learning outcomes/achievements

1. Knowledge and comprehension:

The student has profound knowledge and understanding of the EU's employment law and social policy system, as dealt with in this course, and its interaction with domestic legal systems, through the thorough engagement with union legislation and jurisprudence in the relevant fields. In addition, the student understands the influence and impact of EU employment law on national employment laws.

2. Analytical / research:

The student is capable of conducting independent analysis of and giving rigorous critique on the relevant EU legal sources (primary and secondary legislation and case law) as well as analysing the role and meaning of EU employment law for EU Member States. The goal is that students are able, after finishing this course, to autonomously study any future developments within EU employment law and its (potential) impact on national employment laws.

3. Presentation of knowledge:

The student is capable of presenting his or her findings on individual decisions, measures, or academic commentary in depth.

Presence during the first class is mandatory. Not showing up results in losing the place in the course, except in exceptional cases with prior excuse. Attendance is generally mandatory for the enture course, however, a one-time absence, if justified, is possible.

Course Design

The course aims both to acquaint students with the general EU employment law acquis, and to encourage in-depth engagement with specific topics. To this end, it is loosely structured into two parts:

(A) A first set of lectures (October 2018) setting out core areas, including the Free Movement of Workers and the Posted Workers Directive, Non-Discrimination and Equal Treatment Norms, measures to protect so-called ‘atypical’ workers, the Working Time Directive, and several information and consultation Directives. Rather than merely describing these areas, the emphasis will be on understanding (1) the evolution of EU regulatory technique in this area; and (2) the important interplay between social partners, the Union legislator, and the Court of Justice (CJEU) in shaping key norms; as well as (3) the interaction between Union-level norms and domestic industrial relations systems in a number of Member States.

Knowledge of these areas will be assessed in a written essay-based examination on November 5^th, 2018.

(B) The remainder of the course (28-30 November 2018) will be dedicated to a series of presentations, in which students will explore individual decisions, measures, or academic commentary in depth.

That said, contributions to questions and comments to discussion are warmly encouraged throughout the course!

Assessment

Attendance on all seven days is compulsory, although there is leeway for a (justified) absence during a single lecture or presentation slot.

The overall mark will be determined as follows:

1. Active class participation throughout (20%)
2. Written examination (35%)
3. Presentation on a mutually agreed topic, and subsequent discussion (35%)
4. Commenting on a fellow student’s presentation (10%)

NB: you must pass the written examination in order to obtain an overall pass grade.

Preconditions

The working language in this course will be English. Basic familiarity with constitutional EU law as well as the law of the internal market is assumed, though there will be time for a brief refresher (inparticular as regards terminology) early on.

Admission to the course takes place in accordance with the applicable study plans (Studienpläne).

Preconditions

The working language in this course will be English. Basic familiarity with constitutional EU law as well as the law of the internal market is assumed, though there will be time for a brief refresher (inparticular as regards terminology) early on.

Contacting the Instructor

 I will be available for discussions after each session, and can always be reached electronically in the usual manner at miriam.kullmann@wu.ac.at or at my office.