69917 - Comparative Labour Law and Transnational

Learning outcomes

In the first part of the course will be focused on a group of topics of particular importance for international labour law, like discriminations, in particular discrimination connected to religion, and on the social rights. In the second part the course will be focused on industrial relations, comparing the disciplines of our system with those provided in other legal systems and having as a reference the rules of the European Union and those transnational, where applicable, to understand and verify alternative solutions to be tested in the national context.

Course contents

The course, firstly, will seek to shed light both on the comparative method and the main issues and concepts that will be discussed afterwards.

In the first part, the course is focused on religious discriminations, with particular attention for European and Balkans Coutries. The attention will be put also on the social rights.

In the second part, the course is focused on the study of the topics of collective bargaining in Spain, France, Germany and the UK, as well as in Italy. The course will proceed with the presentation of the Spanish, French, German and British systems, highlighting the undoubted differences and common profiles with respect to the Italian system. The purpose of such a comparison - in our system of industrial relations, recently affected by a deep change - is the knowledge of principles, solutions and practices developed in different jurisdictions, in order to verify how in practice they work and wether it would be possible to be applied in Italy.

Readings/Bibliography

Students will prepare for the oral exam studying texts below:

- for the first part: 

a) Franco Focareta, Dimensione europea e riduzione dei diritti sociali, in Inchiesta, 2015, n. 190, p. 64 e ss.:

b) Luigi Cavallaro, I diritti sociali come controlimiti, in Labor, il lavoro nel diritto, 2017, 149 e ss.

c) Giovanni Amoroso, Libertà di culto e principio di “neutralità” nella prestazione di lavoro, (nota a Corte di giustizia dell’Unione Europea, 14 marzo 2017, causa C-188/15 Bougnaoui, ed a Corte di giustizia dell’Unione Europea, 14 marzo 2017, C-157/15 Achbita, in FI, 2017, IV, c. 239 e ss.)

d) Franco Focareta, La tutela della libertà religiosa e di coscienza del lavoratore: adempimenti dell’Albania nella prospettiva dell’ingresso nell’Unione Europea, in Federica Botti ( a cura di), L’Albania nell’Unione Europea, tra tradizione e sviluppo della libertà religiosa, Bononia University Press., Bologna 2017, pp. 237 e ss.;

 

- For the second part, for each system of collective bargainig considered will be put essay con "AMS Campus".

Teaching methods

The course will consist of oral lectures and seminars for the discussion of the materials provided, hoping for the participation of students to the comparative method.

Assessment methods

There will be an oral exam on the readings recommended.

Teaching tools

In order to better understand the diversity of legal frameworks and to enhance the quality of comparison, much care should be taken to identify and accurately translate legal concepts that arise in the legislation, doctrine and jurisprudence of the countries under comparison.

Office hours

See the website of Franco Focareta

See the website of Ester Villa