European Labour and Employment Law

6 ECTS credits
150 h study time

Offer 2 with catalog number 4016133FNR for all students in the 1st semester at a (F) Master - specialised level.

Semester

1st semester

Enrollment based on exam contract

Impossible

Grading method

Grading (scale from 0 to 20)

Can retake in second session

Yes

Taught in

English

Partnership Agreement

Under agreement for exchange of courses

Faculty

Faculty of Law and Criminology

Department

Publiek recht

Educational team

Evelien Timbermont (course titular)

Activities and contact hours

18 contact hours Lecture

Course Content

The course “European Labour and Employment Law” constitutes an introduction to the Employment Policy (Title IX TFEU) and Social Policy (Title IX) of the European Union. It also seeks to construe the impact of these and other European policies and underlying fundamental economic freedoms on the social acquis at national level. The connection with international law will also be addressed.

In its institutional part, the course deals with such topics as: the linking between European Union law and the labour law of the Member States through an analysis of primary law (cf. positive versus negative integration), the role of the Council of the European Union as ‘legislator’ often in co-operation with the European Parliament, the so-called social partners (European Social Dialogue) and the Court of Justice of the European Union; the legal force and the enforcement of European labour and employment law (cf. direct effect-doctrine); etc.

In its substantive part, the course deals with some selected issues of European labour and employment law taking into account relevant secondary EU law and case law of the CJEU. Examples include occupational health and safety, working time, atypical work, equal treatment in employment, etc. As suggested above, the objective of this course is therefore not to study the material labour law of the European Union in an indepth or exhaustive way.

The lectures are accompanied by group discussions, giving the student the opportunity to reflect critically on various topical issues. In preparation, the student analyses the material provided by the lecturer.

Course material

Practical course material (Required) : Reading materials for the group discussions provided by the lecturer
Digital course material (Required) : A substantial powerpoint presentation
Course text (Required) : The lecturer provides a reader with the most relevant legal sources (Treaties, directives, case law, doctrinal contributions, etc.)

Additional info

Students are expected to actively participate in the lectures, read the required literature in advance of the lectures and participate in assignments.

This course expects students to have acquired a Bachelor degree, have previous experience in writing academic papers and have sufficient knowledge of English.

Learning Outcomes

General competencies

Students have a specialised and in-depth knowledge of EU employment law, i.e. the primary and secondary employment and labour law established by the European Union.
Students gain critical insight into the historical development, the sources, the contents, the legal force and the enforcement of European employment and labour law.
Students know how legal rules come into existence and evolve and understand the relationship between national, European and international law.
Students develop critical thinking and they can report on and critically assess these developments, in particular as regards the recent case law of the CJEU.
Students are able to autonomously carry out research on topical issues of European labour and employment law and report on their findings in a thorough paper.

Grading

The final grade is composed based on the following categories:
Oral Exam determines 25% of the final mark.
Other Exam determines 75% of the final mark.

Within the Oral Exam category, the following assignments need to be completed:

Oral Exam with a relative weight of 25 which comprises 25% of the final mark.

Within the Other Exam category, the following assignments need to be completed:

Paper with a relative weight of 75 which comprises 75% of the final mark.

Additional info regarding evaluation

The evaluation is based on:
(i) a written paper (75%) and (ii) the defence of the aforementioned paper during an oral exam (25%).

It is only permitted to use generative AI as a brainstorming tool to formulate research questions and/or to improve linguistic aspects. Any use of generative AI should be appropriately acknowledged.

In order to pass this course, students have to pass all components of the evaluation, meaning both the ‘written paper’ and the ‘oral exam’. This means that students have to obtain a score of at least half of the points for each of these components.

If a student fails to obtain at least half of the mark for one component, the lowest mark will be the final mark. This is therefore the grade that will appear on the student's transcript. This does not preclude the transfer of favourable marks for the other component to the second session (retakes), subject to the rules set out hereafter. In the case of marks equal to or higher than half of the mark for one component, those grades for the first session will be transferred to the second session. This mark cannot be withdrawn by the student. This means that in the second session students can only retake the component for which they have not achieved at least half the maximum mark. If the student does not pass the course after the second session, the partial marks will not be transferred to the following academic year, regardless of the result.

Allowed unsatisfactory mark

The supplementary Teaching and Examination Regulations of your faculty stipulate whether an allowed unsatisfactory mark for this programme unit is permitted.

Academic context