Università degli Studi di Urbino Carlo Bo / Portale Web di Ateneo


INTERNATIONAL AND EUROPEAN UNION LABOUR LAW
DIRITTO INTERNAZIONALE E COMUNITARIO DEL LAVORO

A.Y. Credits
2020/2021 6
Lecturer Email Office hours for students
Chiara Lazzari

Assigned to the Degree Course

Law Degree for Labour Consultancy and Safety at Work (L-14)
Curriculum: Percorso comune
Date Time Classroom / Location
Date Time Classroom / Location

Learning Objectives

The course aims to provide students with the fundamental tools for understanding international and EU labor law. The knowledge of these subjects is crucial to be fully aware of the interactions between different legal systems, with the related multi-level protection of the worker's rights. Given the particular importance of the issue of the protection of the health and safety of workers in this degree course, a particular attention will be paid to the community origin of the existing prevention discipline. Its knowledge is essential in order to carry out competently professional activities related to the law of safety at work.

Program

After providing an introduction of the institutions of the International Labor Organisation (ILO) and the European Union, the course addresses the main tools available to the ILO and the fundamental sources and principles of EU social law, with a specific focus on issues concerning the protection of health and safety in the workplace. Related to the aspects concerning working hours and the so-called atypical employment relationships, this study also deals with the delicate relations between the international legal system, the Community legal system and the Italian legal system, also using, for example, the analysis of the recent case law of the Constitutional Court. In particular, after the presentation of the course, the topics will be addressed as follows:

1. The International Labour Organisation (ILO) and EU institutions. – 2. The ILO's tools and the guiding principles. – 3. The sources of Community law and the fundamental principles of social matters. – 4. The case of occupational health and safety protection. Working hours and "atypical" jobs. – 5. The relationship between the internal system, the Community system and the international system on labor matters. – 6. A case study: the use of international and EU sources in two recent decisions of the Constitutional Court.

Learning Achievements (Dublin Descriptors)

A) knowledge and understanding:

The student is asked to prove that he has understood the guiding principles of internal constitutional rules, as well as community and international standards regarding in particular the labor issues and the fundamentals of their coordination.

B) applied knowledge and understanding:

The student is asked to prove that he is able to solve – in the light of the hierarchy of internal sources and the fundamental principles of the international and community order – any apparent or real contrasts between rules of different origin.

C) making judgements:

The student is asked to prove the ability to distinguish and interpret rules and decisions belonging to different legal systems, collecting and interpreting relevant data (Treaties, Directives, Conventions, etc.).

D) communication skills:

The student is asked to prove that he has mastered the legal language and that he is able to express his observations clearly, selecting the information according to their relevance, working out ideas, providing solutions to problems.

E) learning skills:

The student is asked to prove that he or she has developed the bibliographical and jurisprudential research skills that will allow him or her to investigate individual legal issues on an autonomous basis both at a national and at a community and international level.

Teaching Material

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

Didactics, Attendance, Course Books and Assessment

Didactics

Lessons in the classroom, Flipped learning

Course books

G. Casale, Il ruolo dell’ILO negli ultimi cent’anni, in Lavoro, Diritti, Europa, n. 2/2019, pp. 1-16.

B. De Mozzi, L. Mechi, A. Sitzia, L’Organizzazione Internazionale del Lavoro: un’introduzione nel Centenario, in Lavoro, Diritti, Europa, n. 2/2019, pp. 1-29.

M. Roccella, T. Treu, Diritto del lavoro dell’Unione Europea, ult. ed., capp. I e II (pp. 1-88), cap. V (pp. 229-270), capp. VIII e IX (pp. 341-390).

L. Cavallaro, Le Carte e le Corti. Note minime su alcune recenti pronunce della Corte di giustizia e della Corte costituzionale in materia di efficacia della Carta dei diritti fondamentali dell’Unione Europea, in Lavoro, Diritti, Europa, n. 2/2019, pp. 1-10;

C. Lazzari, Sulla Carta Sociale Europea quale parametro interposto ai fini dell’art. 117, comma 1, Cost.: note a margine delle sentenze della Corte Costituzionale n. 120/2018 e n. 194/2018, in Federalismi, n. 4/2019, pp. 1-21.

With the exception of the Roccella-Treu handbook, all textbooks will be uploaded, before the lessons have started, on the Moodle platform, together with the case law under analysis.

Assessment

The expected learning results will be evaluated by means of an oral exam, based on three questions or more. The oral mode allows to evaluate, in the most complete way, as well as the communication skills of the student, the acquisition of analytical and critical skills required to students considering the complexity of issues and arguments of which they must demonstrate knowledge and understanding.

The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

The students who attend the course regularly (at least 2/3 of the lessons) can take an intermediate test oral, carried out outside of the class timetable, regarding the following topics 1, 2, 3, and 4 of the program. The maximum evaluation of this exam is in 30ths.  

For attending students who have successfully passed the intermediate test, the final exam will consist of an oral discussion which will focus exclusively on the following topics 5 and 6 of the program. For attending students who have not taken or have not successfully passed the intermediate exam, the final exam consists of an oral discussion which will focus on all the exam program.

Additional Information for Non-Attending Students

Didactics

Lessons in the classroom, Flipped learning

Course books

G. Casale, Il ruolo dell’ILO negli ultimi cent’anni, in Lavoro, Diritti, Europa, n. 2/2019, pp. 1-16.

B. De Mozzi, L. Mechi, A. Sitzia, L’Organizzazione Internazionale del Lavoro: un’introduzione nel Centenario, in Lavoro, Diritti, Europa, n. 2/2019, pp. 1-29.

M. Roccella, T. Treu, Diritto del lavoro dell’Unione Europea, Cedam, 2019, capp. I, II, V, VIII e IX.

L. Cavallaro, Le Carte e le Corti. Note minime su alcune recenti pronunce della Corte di giustizia e della Corte costituzionale in materia di efficacia della Carta dei diritti fondamentali dell’Unione Europea, in Lavoro, Diritti, Europa, n. 2/2019, pp. 1-10;

C. Lazzari, Sulla Carta Sociale Europea quale parametro interposto ai fini dell’art. 117, comma 1, Cost.: note a margine delle sentenze della Corte Costituzionale n. 120/2018 e n. 194/2018, in Federalismi, n. 4/2019, pp. 1-21.

With the exception of the Roccella-Treu handbook, all textbooks will be uploaded, before the lessons have started, on the Moodle platform, together with the case law under analysis.

Assessment

The expected learning results will be evaluated by means of an oral exam, based on three questions or more, concerning some decisions on the trade union and labour law treated in class. The oral mode allows to evaluate, in the most complete way, as well as the communication skills of the student, the acquisition of analytical and critical skills required to students considering the complexity of issues and arguments of which they must demonstrate knowledge and understanding.

The evaluation criteria and the scale of marks are as follows:

less than 18/30: competence level insufficient. The student doesn’t reach the learning results described in “knowledge and understanding”.

18-20: competence level sufficient. In particular, the student attains the learning results described in “knowledge and understanding”.

21-23: competence level satisfactory. In particular, the student attains the learning results described in “knowledge and understanding” and in “applied knowledge and understanding”.

24-26: competence level good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding” and “making judgments”.

27-29: competence level very good. In particular, the student attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “communication skills”.

30-30 with honours: competence level excellent. The student fully attains the learning results described in “knowledge and understanding”, “applied knowledge and understanding”, “making judgments” and “learning skills”.

The students who attend the course regularly (at least 2/3 of the lessons) can take an intermediate test oral, carried out outside of the class timetable, regarding the following topics 1, 2, 3, and 4 of the program. The maximum evaluation of this exam is in 30ths.  

For attending students who have successfully passed the intermediate test, the final exam will consist of an oral discussion which will focus exclusively on the following topics 5 and 6 of the program. For attending students who have not taken or have not successfully passed the intermediate exam, the final exam consists of an oral discussion which will focus on all the exam program.

Notes

In the Department is active Olympus, the Observatory for permanent monitoring of legislation and case law on health and safety in the workplace work. The Observatory carries out various activities including, in particular: - the management of a website with legislative databases, case law databases and databases of contracts, all concerning the safety at work; - depth articles, specialized reviews and thematic focus; - the management of an online scientific journal - "The Working Papers of Olympus", now “Law of occupational Safety and Health" (DSL) - in the field of security rights in the workplace, with ISSN, that employs a wide international scientific committee and refereeing procedures for the identification of essays to be published; - the organization of congresses and seminars including international ones. This observatory, whose website is freely accessible to all in a logic of public service, allows students of the CdS to find useful materials and documentation for their course of study and useful to draft their dissertation. It offers, also, through the mentioned congresses and seminars, the opportunity to meet the leading experts in the field and to analyse the most sensitive issues relating to it. http://olympus.uniurb.it/ 

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