Syllabus

Title
5575 European Labor and Social Security Law
Instructors
Dr. Miriam Kullmann-Klocke, LL.M.
Contact details
  • Type
    PI
  • Weekly hours
    3
  • Language of instruction
    Englisch
Registration
02/11/19 to 02/23/19
Registration via LPIS
Notes to the course
Subject(s) Master Programs
Dates
Day Date Time Room
Tuesday 02/26/19 09:30 AM - 12:30 PM TC.4.15
Thursday 02/28/19 09:30 AM - 12:30 PM D4.0.019
Tuesday 03/05/19 09:30 AM - 12:30 PM D1.1.078
Thursday 03/07/19 09:30 AM - 12:30 PM TC.3.11
Thursday 03/14/19 09:30 AM - 12:30 PM EA.5.030
Tuesday 03/19/19 09:30 AM - 12:30 PM D1.1.078
Thursday 03/21/19 09:30 AM - 12:30 PM TC.3.06
Wednesday 03/27/19 06:00 PM - 07:30 PM TC.5.12
Monday 04/01/19 09:30 AM - 11:30 AM D4.0.022
Wednesday 05/08/19 09:00 AM - 01:00 PM TC.5.02
Thursday 05/09/19 09:00 AM - 01:00 PM D1.1.078
Friday 05/10/19 09:00 AM - 01:00 PM TC.5.12

Contents

 

Course Content

Over the course of the term, we will explore key elements of the European Union (EU)’s labour and social security law acquis. Different areas of individual and collective regulations and provisions will be analysed both through seminars and individual student presentations, with a view to understanding both the norms themselves, as well as their broader societal and legal context as well as the EU's impact on individual Member States.

The main topics that will be addressed are the following: free movement of workers; posting of workers; working time; equal treatment; atypical employment; restructuring; employee participation; social security coordination.

 

Learning outcomes

    Learning outcomes/achievements

    1. Knowledge and comprehension:

    The student has profound knowledge and understanding of the EU's employment and social security law and social policy system, as dealt with in this course, and its interaction with domestic legal systems, through the thorough engagement with EU legislation and jurisprudence in the relevant fields. In addition, the student understands the influence and impact of EU employment and social security 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 and social security law for the EU's Member States. The goal is that students are able, after finishing this course, to autonomously study any future developments within EU employment and social security 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. 

     

      Attendance requirements

       

      As active participation will be graded, attendance is a necessary prerequisite. 

      Presence during the first class is mandatory. Not showing up results in losing the place in this 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.

       

      Teaching/learning method(s)

      Course Design

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

      (A) Seminars:

      A first set of seminars (February and March 2019) setting out core areas, including the regulations on the Free Movement of Workers and the Posted Workers Directive, Non-Discrimination and Equal Treatment Provisions, 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 techniques in this area; and

      (2) the important interplay between social partners, the EU legislator, and the Court of Justice of the EU (CJEU) in shaping key norms; as well as

      (3) the interaction between EU level norms and domestic industrial relations systems in a number of Member States.

      Knowledge of these areas will be assessed in a written examination on Monday 1 April 2019.

      During each seminar, cases, which are exemplary for possible exam questions, will be discussed. Students have the possibility, for three times at most, to hand in their answers to the questions in order to receive feedback.

      (B) Presentations:

      The remainder of the course (8-10 May 2019) will be dedicated to a series of presentations (of 15 minutes each, followed by questions and comments), in which students will explore individual decisions, measures, or academic commentary in depth. Themes will be shared before the end of the seminar series.

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

       

      Assessment

      Assessment

      Attendance during all seven seminars and two of the three presentation days is compulsory, although there is leeway for a (justified) absence during a single seminar 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%)

       During the written examination, students are allowed to bring all relevant (original) cases ruled by the CJEU and the EU laws that are dealt with in this course. Highlighting and underlining is allowed.

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

       

      Prerequisites for participation and waiting lists

      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.

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

      If you are already enrolled in the course but are unable to attend, make sure to unsubscribe via LPIS during the registration period in order to make sure your place can be made available to other students.

      The allocation of space during the registration period is based on the "first-come, first-served principle". At the end of the registration deadline, available courses will be allocated to students who are put on the waiting list and who do not yet have a valid registration for the planned position, ranked according to the student's academic achievement.

      Presence in the first unit is mandatory. Unexcused absence can result in making available vacant places to students on the waiting list.
       

      Readings

      1 Author: A.C.L. Davies
      Title:

      EU Labour Law


      Publisher: Edward Elgar
      Year: 2012
      Content relevant for class examination: Yes
      Type: Book
      2 Author: C. Barnard
      Title:

      EU Labour Law


      Publisher: OUP
      Year: 2012
      Content relevant for class examination: Yes
      3 Author: K. Riesenhuber
      Title:

      European Employment Law: A Systematic Exposition


      Publisher: Intersentia
      Year: 2012
      Content relevant for class examination: Yes

      Recommended previous knowledge and skills

      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.

      Availability of lecturer(s)

      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.

      Additional information on MyLEARN.

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      Last edited: 2019-02-18



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