Formation/Cours

LEARNING OBJECTIVES

This course gives an overview and general introduction into the sources and background of European labour law and social policy. The relevant secondary legislation (directives and regulations) will be studied. It will involve institutional issues and subjects including freedom of movement of workers and services, posting of workers, working conditions, minimum wages, atypical employment, coordination of social security systems, the interplay between labour law, social policy and the EU economic governance framework.

Key issues of the course are:

• Fundamentals of European labour law and social policy


• Social dialogue and the role of social partners


• EU atypical employment legislation: part-time, fixed term, temporary agency work


• EU Coordination of social security system regulation


• Free movement of services, posting of workers and the European Labour Authority


• The European Pillar of Social Rights and the recent social legislation (minimum wages and transparent and predictable working conditions)


• The social dimension of the EU Economic Governance (European Semester)


• Post-pandemic innovations and their impact on social policies: the Recovery and Resilience Facility and SURE

EXPECTED LEARNING OUTCOMES:

By the end of this course, having completed the essential reading list and attended classes, students should be able to:

• Knowledge and understanding: Students acquire a basic knowledge and understanding of the European Union role in the domain of social policy and labur law. The course will focus mainly on the EU’s key policies and instruments, which emerged in the aftermath of the financial crisis. A particular attention will also be devoted to the interplay between economic integration and the national social and employment policies.
  
  
  
  • Applying knowledge and understanding: Students are expected to acquire a critical understanding of the evolution of the EU competences in the labour and social domain as well as the interplay between economic and social policies. Through the critical analysis of EU official documents and the review of the most relevant policy papers, students are expected to learn how to apply their knowledge to recognize, contextualize, explain, and interpret political, societal and economic phenomena in European integration. They can critically assess the latest policy developments.
  
  
  • Making judgements: By reading official EU documents and relevant academic literature, students will get familiar to EU sources and will be able to understand the different phases of the EU decision making, identify the relevant actors involved and understand their role. This will help them in making judgements that are consistent with the empirical evidence.
  
  
  • Communication skills: Students will learn to present and discuss EU official documents and relevant policy papers included in the syllabus. Students will also engage in small group assignments, thus developing skills of planning, organization, prioritization and time management.
  
  
  • Learning skills: Students are expected to learn to evaluate and assess autonomously EU policies in the field of economic and social governance. Students should also improve their analytical skills and capabilities, so that they could be apply them in a range of situations and environments.
  
  
  
  

Class 1. Introduction into EU labour law and social policy

Objective: The first class will provide an introduction into the European Union competences in the domain of social and employment policies. In particular we will look at the theoretical and historical underpinnings of European integration in these policy domains. Secondly, we provide an illustration of the EU legal competences in these domains with a focus on the principles of subsidiarity and proportionality, the procedures (community methods and social methods) the scope (areas covered), limitations, excluded areas and the alternative / complementary competences.

Readings:

Aranguiz, A. (2022) Working Paper on the potential and limits for social policy in the current EU framework, available here. Pages: 1-40.

Class 2. Actors and theories of European social and employment integration

Objective: This class will focus on the key theories of European social integration and the key actors involved (European Commission, European Parliament and Council). Particular attention will be given to the role of social dialogue and the contribution of social partners in shaping EU social and employment legislation as well as the role of the European Court of Justice.

Readings:

Tricart, J. P. (2020) Once upon a time there was the European social dialogue, in Vanhercke et al., Social policy in the European Union 1999-2019: the long and winding road, Chapter 4. Available here.

Martinsen, D. (2015) Judicial Influence on Policy Outputs? The Political Constraints of Legal Integration in the European Union. Comparative Political Studies. Available here.

Class 3. Atypical Employment: part-time, fixed term, temporary agency work

Objective: Introduction to the EU role in regulating atypical employment with an overview of the historical evolution of the EU competences and illustration of key directives on Part-time, Fixed term and Temporary Agency Work

Readings:

Ratti et al. (2024) ‘Equal’ Yet Poor: The ineffective protection of atypical workers under EU law. European Labour Law Journal. Available here.

Houwerzijl, M. and Aranguiz, A. (2021) Labour law harmonization in EU Law and its (limited) protection of VUP Groups, WorkingYet Poor deliverable, available here.

Class 4. Coordination of social security

Objective: This class will focus on one of most debated EU competences in the domain of social protection, namely the coordination of social security systems for mobile EU citizens across countries. It will illustrate the key numbers of intra EU mobility, the characteristics and objectives of coordination regulations, the achievements over time, the persisting controversies and challenges in aggregation and exportation of key benefits (e.g. family and unemployment)

Readings:

Cornelissen, R. and De Wispelaere, F. (2020) Sixty years of European social security coordination: achievements, controversies and challenges, in Vanhercke et al., Social policy in the European Union 1999-2019: the long and winding road, Chapter 7, Available here.

Bruzelius, C. and Seeleib-Kaiser, M. (2017) Stratified Social Rights Limiting EU Citizenship, Journal oof Common Market Studies, Available here.

Class 5. Free movement of services: the posting of workers and the European Labour Authority

Objective: This class will address one of the most important and controversial areas of EU legislation that regulates the provision of services across countries and within this framework the employment rights and working conditions of posted workers. The posting of workers directive and its enforcement will be explained in the context of the Single Market and the unbalance between economic freedoms and