Study-Unit Description

Study-Unit Description


CODE ECL5100

 
TITLE Labour Law in the European Union

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION The aim of this series of seven fortnightly seminars is to provide participants with an introductory background of developments, as well as a knowledge of various aspects of labour law in the European Union. Particular attention will be paid to directives and measures adopted by the European Union on the subject. Reference will also be made to important judgments delivered by the European Court of Justice and the European Court of Human Rights.

The study-unit focuses on the following issues: Introduction and Historical Context; The Free Movement of Workers; The Contract of Employment (Working Time Directive, Part-Time Work, Fixed-Term Agreements, Parental Leave); Employment Protection (Collective Redundancies, Transfers of Undertakings, Insolvency); Collective Bargaining and the Framework Agreements (requisites of European collective bargaining, representativity, implementation of these agreements); Gender Equality and The Working Environment (Health and Safety Issues).

Study-Unit Aims:

This study-unit aims to help students learn about the evolution and development of EU Labor Law which plays an important role in the context of the internal market. It seeks to familiarize students with the application of the relevant Treaty and EU Charter provisions by the Court of Justice of the Union with regards to the free movement of workers, non discrimination, equal treatment and other relevant employment related rights.

Furthermore, this unit aims to expose students to the legislative framework and policy of EU Labour Law. The ultimate goal is to enable students take up professional practice in the field or to undertake further advanced academic work, as well as to move into related spheres of work, including governmental or regulatory bodies, as well as EU Institutions, Agencies and Bodies.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

• comprehend the evolutionary process leading to the creation of EU Labour Law;
• develop a deeper knowledge and understanding of EU Labour Legislation and policy;
• interpret the implications of EU Labour Law on Member States’ laws and policies;
• analyze case-law of the European Court of Justice and of the European Court of Human Rights with regards to labour and social rights.

2. Skills:
By the end of the study-unit the student will be able to:

• utilize acquired knowledge and understanding in legal research;
• assume professional practice in the field of Labour Law;
• work in law firms, as well as in governmental and regulatory bodies, NGO’s and EU administration.

Main Text/s and any supplementary readings:

Main Texts:

1. Copies of various articles, academic papers, notes and other relevant material will be distributed to students during lectures.
2. University of Malta Theses.
3. Selected books:

- Riesenhuber K., European Employment Law, 2nd edition, Intersentia (2022).
- Barnard, C: EU Employment Law, Oxford University Press (2012).
- Blanplain, R.: European Labour Law, Kluwer (2006).
- Davies ACL, EU Labour Law, Elgar European Law (2012).

Supplementary Readings:

- De Burca, G., and De Witte, B., (eds): Social Rights in Europe, Oxford University Press (2005).
- Neil., A: The Changing Face of European Labour Law and Social Policy, Kluwer (2004).
- Fredman, S.: Discrimination Law, Oxford University Press (2002).
- Shaw, J: Social Law and Policy in an Evolving European Law, Hart (2000).
- Szyszczak E: EC Labour Law, Longman, (2000).
- Kenner, J: EU Employment Law: From Rome to Amsterdam and Beyond, Hart, (2003).
- O’Leary, S: Employment Law in the European Court of Justice: Judicial Policy, Structures and Processes, Hart, (2002).
- Ellis, E: European Community Sex Equality Law, 2nd Ed., Oxford University Press (1998).
- Shaw, J., Hunt, J., and Wallace, C: Economic and Social Law of the European Union, Palgrave (2006).
- Guerrina, R: Mothering the Union: The Politics of Gender, Equality and Maternity Rights in the EU, Manchester University Press, (2005).
- Millns, Diaz (eds.): Gender Equality and the Future of the European Union, Palgrave (2006).

4. Recommended Journals

- Industrial Law Journal;
- European Journal of Industrial Relations;
- Journal of European Social Policy;
- International Journal of Comparative Labour Law and Industrial Relations;
- Journal of Common Market Studies;
- Journal of European Public Policy;
- Common Market Law Review;
- European Law Review;
- European Law Journal;
- Legal Issues of European Integration.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM1 Yes 100%

 
LECTURER/S

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit