Study-Unit Description

Study-Unit Description


CODE ECL5035

 
TITLE Labour Law in the European Union

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL Not Applicable

 
ECTS CREDITS 6

 
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. 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).

Learning Outcomes:

This study-unit will enable students to critically analyse contemporary employment law issues. The study-unit’s learning outcomes are:

- Knowledge of the evolution of EC Employment law as expressed in the ‘hard’ EC law (i.e. through successive amendments of the EC Treaty and the EU Constitutional Treaty), ‘soft’ EC law (EC Directives) and the case law of the European Court of Justice.
- Understanding of employment law in the wider context of the Community fundamental principles and freedoms.
- The ability to evaluate Human Rights and Social Rights in the context of Employment Law.
- Understanding the development and purpose of Employment Protection, Equality and Discrimination.

Reading Material:

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:

Main texts:

- 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).

(A copy of the relevant chapters from the main texts will be given to the students)

Supplementary Reading:

- 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 Sept. Asst Session Weighting
Assignment Yes 20%
Examination (2 Hours) Yes 80%

 
LECTURER/S Ioanna Kyritsaki

 

 
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