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 lectures, cases and individual student presentations, with a view to understanding the norms themselves, as well as their broader societal and legal context.

The main topics that will be addressed are the following: free movement of workers; social security coordination; posting of workers; working time; equal treatment; atypical employment; transfer of undertakings; collective dismissal; employee participation.

Learning outcomes/achievements

1. Knowledge and comprehension:

The students shall acquire profound knowledge and understanding of the EU's employment and social security law and social policy system and their interaction with domestic legal systems, through the thorough engagement with EU legislation and case law in the relevant fields. In addition, the students shall be able to solve cases based on EU labour and social security law.

2. Analytical skills / research:

The students are 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. Solving cases

At the end of the course, the students should be able to solve cases based on EU labour and social security law. 

4. Presentation of knowledge:

The students are capable of presenting their findings on individual decisions, measures, or academic commentary in depth. 

As active participation will be graded, attendance is a necessary prerequisite. 

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 is generally mandatory for the entire course, however, a one-time absence is possible.

Course Design

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) Lectures:

In the first part of the course the lecturer will first give short presentations on selected topics. Afterwards, the students will solve cases on the discussed topic.

The areas discussed include 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.

This first part will be finished with a written exam, in which the students have to solve two cases.

B) Presentations:

The second part of the course will be dedicated to a series of presentations (of 15 minutes each, followed by questions and comments), in which students will explore individual decisions, measures, or academic commentary in depth. 

Contributions to questions and comments to discussion are warmly encouraged throughout the course!

Assessment

Attendance during all lectures and presentation days is compulsory, although there is leeway for a (justified) absence during a single lecture or presentation slot.

The overall mark will be determined as follows:

1. Active class participation throughout (20%)
2. Written examination (50%)
3. Presentation on a mutually agreed topic and subsequent discussion (30%)

During the written examination, students are allowed to use the texts of Directives and Regulations (either the collection published by the Institute of Labour and Social Law of the WU or printed by themselves). Highlighting and underlining is allowed, but notices in the texts are forbidden.

NB: you must pass the written examination in order to obtain an overall pass grade!

Preconditions

The working language in this course will be English. Basic familiarity with constitutional EU law, one national law system, 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).

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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 Lecturer:

I will be available for discussions after each session and can be reached electronically in the usual manner at erika.kovacs@wu.ac.at.