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/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. 

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.

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 (14.01 - 17.01.2020) 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.

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 (21.01 - 22.01.2020) 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.

Knowledge of all these areas will be assessed in a written examination on Wednesday 22 January 2020.

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

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.

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).

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.

Contacting the Instructor

I will be available for discussions after each session, and can be reached electronically in the usual manner at arbeitsrecht.sozialrecht@wu.ac.at.