If campus operations continue to be restricted, the following alternative procedure is planned:

The sessions up to the written exam will be held in distance mode, the exam and the presentations would be held in presence, since in this English language course the expected number of participants usually is rather small and the rooms offer enough space for at least 17 students.

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Bei weiterhin eingeschränktem Campusbetrieb ist folgender alternativer Ablauf geplant:

Die Einheiten bis zur Zwischenklausur würden im Distanzmodus, die Prüfung und die Referate in Präsenz abgehalten, da in dieser englischsprachigen LV ohnehin nie so viele Teilnehmer*innen erwartet werden und die Räumlichkeiten genügend Platz für mindestens 17 Studierende bieten.

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:

1. overview of the development of EU labour and social security law;
2. free movement of workers; 
3. posting of workers;
4. working time;
5. non-discrimination/equal treatment;
6. atypical employment, incl fixed-term work, part-time work and temporary agency work;
7. restructuring;
8. worker involvement/employee participation;
9. 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. 

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 during all seven seminars and during the session where the student will have his or her presentation days is compulsory, however, a one-time absence, if justified and notified before the start of the class, is possible.

Course Design (adapted due to Covid-19)

Due to the current situation, which involves insecurity as to the fact whether classes on campus can take place, this course will adopt a hybrid form of teaching, consisting of

• the 7 seminars (A) being held via Zoom (instructions on this will follow in due course),
• whereas the presentations (B) will be held on campus.

In this way, students are informed well before the term starts what this course will look like and can organise their schedule around this.

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 (via Zoom):

A first set of seminars (October and November 2020) setting out the core areas of EU labour and social security law, 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 campus) on Wednesday 2 December 2020.

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 (14-16 December 2020) will be dedicated to a series of presentations, followed by questions and comments, in which students will explore individual decisions, measures, or academic commentary in depth. Themes will be assigned within the first two weeks of this course and published at Learn@WU.

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

Assessment (adapted due to Covd-19)

Due to Covid-19, classes will take place via Zoom, to give students certainty beforehand. But this also has an impact on the assessment method(s).

With this in mind, the overall mark will be determined as follows:

1. Assignments/questions of 1-2 pages (5 out of 7) to be submitted via Learn@WU (instructions will follow in due course) (20%)
2. Written examination (on campus) (35%)
3. Presentation on an assigned CJEU case and subsequent discussion (on campus) (35%)
4. Acting as a discussant and commenting on a fellow student’s presentation (on campus) (10%).

During the written examination, students are allowed to bring all relevant (original) cases ruled by the CJEU and the EU legal material as can be obtained during office hours at the Institute's secretariat (Christina Hießl / Klaus Kapuy / Miriam Kullmann, European Employment and Social Security Law  (Law collection with the relevant legal texts, directives and ordinances), EUR 18,-). Highlighting and underlining is allowed as is using post-its or sticky notes.

To pass for this course, you must pass the written exam.

Please log in with your WU account to use all functionalities of read!t. For off-campus access to our licensed electronic resources, remember to activate your VPN connection connection. In case you encounter any technical problems or have questions regarding read!t, please feel free to contact the library at readinglists@wu.ac.at.

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 always be reached electronically in the usual manner at miriam.kullmann@wu.ac.at.