EU labour rights 2200-1W171S
Due to technological changes the world economy has globalized and with that also the world
of work. From a labour rights perspective this means that it they are no longer regulated at
national level only. Indeed, since the 3rd industrial revolution in the mid-20th century, the
regulation of labour rights can be characterized as a typical topic of legal pluralism. Within the
European continent, labour rights are regulated by the national legislation of the European states
themselves, influenced by the European Convention on Human Rights and the European Social
Charter of the Council of Europe, and for those countries that are also a member of the European
Union, labour law is also heavily influenced by the regulations, directives, recommendations
and strategies of the European Union (EU).
The aim of this course is twofold. First it aims to offer profound knowledge and understanding
of the dynamics between the supranational legal order of the EU on the one hand and the
national legal order addressing labour rights on the other hand. Second, the topical meetings of
the course also aim to assess to what extent the EU measures regulating the labour rights from
the mid-20th century are still fit for the regulation of the labour rights from the 21st century.
Thereto, the course starts with an exploration of the main topic itself: labour rights. What do
we mean with labour rights? What does it refer to in the Polish jurisdiction and how does that
compare to the labour rights regulations of the EU? Second, when working with the EU laws
regulating labour rights, we have to understand the relationship between the legal order the EU
is creating and the legal jurisdictions of its Member States, including Poland. This is especially
true when we are dealing with the EU’s fundamental rights and principles enshrined in the EU’s
Charter of Fundamental Rights. The remaining meetings will be devoted to particular topics of
EU labour rights, namely free movement of workers, free movement of services, especially the
posting of workers, equal treatment, occupational health and safety, and working time.
Rodzaj przedmiotu
Tryb prowadzenia
Koordynatorzy przedmiotu
Efekty kształcenia
At the end of the course EU Labour Rights, the student will:
- have profound knowledge of EU labour rights;
- have a deep understanding of the relationship between EU labour law and national labour
law;
- be able to define labour rights at national and EU level;
- be able to apply EU labour law in a national setting;
- be able to assess national labour law in light of EU labour law;
- be able to determine which legal system is applicable in cases of free movement of workers
and posting of workers;
- be able to solve cases dealing with issues of EU labour rights such as equal treatment law,
occupational health and safety law, and working time law;
- be able to assess the possible effects of EU fundamental rights on national labour legislation;
- be able to evaluate changes in EU labour law on the studied specific topics, especially in
light of technological developments;
- be able to write a written statement on a legal case involving labour rights regulations at EU
and national level;
- be able to work with the databases of the EU, especially Eurlex and Curia;
- be able to plea in a case involving EU labour rights.
Kryteria oceniania
The exam is a moot court which exists in a written part and an oral part. The written part counts
for 70% of the final grade and the oral part for 30%. To pass this “exam” the combined grades
for the written part and the oral part have to be a pass, i.e. on a scale of 0-10, at least a 5,5.
Each of the parts of the moot court, thus the written and oral parts, can be retaken. The retake
for the written part will be the possibility to improve the initially submitted document or a part
thereof when only one member of the group wants or needs to retake it. The retake for the oral
part will be a re-do of the pleading and a q&a-session.
Students are only entitled to a retake when the combined grade is lower than the required pass
grade and initially also only on the part that scored a fail grade.
Literatura
The reading materials will be announced with the assignments per meeting. In general use will
be made of the following book:
Jaspers, Pennings and Peters (eds.) European Labour Law (Intersentia 2024).
NB Intersentia offers a special student price, which makes the book very affordable:
https://www.larcier-intersentia.com/en/european-labour-law-2nd-edition-
9781839703096.html
We will also make use of case law of the Court of Justice of the European Union which can be
found and downloaded from Curia and legislation from the EU which can be found and
downloaded from Eurlex.
Więcej informacji
Dodatkowe informacje (np. o kalendarzu rejestracji, prowadzących zajęcia, lokalizacji i terminach zajęć) mogą być dostępne w serwisie USOSweb: