This course analyses the current status in the building of a European Judicial Area in Social Matters as well as the future perspectives thereof.
Content. The content of the course will be:
1. The creation of a Social Europe across the different Agreements;
2. The collective dimension of the work;
3. The individual and collective relations of work.
For every subject, the principal characteristics of the legal European instruments will be presented:
1. The creation of the Social Europe across the different agreements:
- Juridical community frame: principal stages
- The role of the European Institutions.
- The extension of the matters submitted through the vote of qualified majority procedure.
- The National States’ responsibilities.(right of association, right of strike, lock-out)
- Subsidiarity and proportionality.
2. The collective dimension of the work:
- The definition of self-employed worker.
- The situation of unemployed worker.
- The wage-earning and not wage-earning worker.
- The common rules (free traffic, not discrimination, mutual confidence…)
- Distinction between free traffic and the wage-earning worker. The free rendering of services and free establishment.
- The joint between the Economy and the Social (the right of concurrence and labour law: exercise of the right of strike).
- The joint between the Community Law and the International instruments.
- The General Principles of the Community Law.
- The contract of work and Rome I
- The contract of work and Brussels I.
3. The individual and collective relations of the work
Equality and struggle against the discrimination (sex, age, handicapped).
- Vocational Training.
- The different protections: pregnant women, CDD, substitutes…)
- Change of the ownership of the company, collective dismissal, the insolvency of the businessman.
- Information and consultation: the revaluation of the social dialogue.
- the European structures (the company with a European dimension )
- Safety in the work, time of work, dignity in the work.
Methodology. The e-learning system of the course, based on the method that the Spanish Judicial School has been developing since 1999, allows the course to be followed on the Internet through the Virtual Campus of the Spanish Judicial School.
The programme shall be designed by the Judicial School. The subjects shall be drafted by renowned experts who have a long track record in this field, from EU countries, who are part of the judicial and university sectors and experts of the European Institutions of this field. There will also be tutors in charge of providing support to the students during the Virtual Course, following up their participation.
There will also be complementary instruments to provide support to the students. a Virtual Guide intended to guide the students through the main Web pages in the field, as well as a Community of Former Students, in order to be in touch and to update the knowledge of the people who have done the course already, and audiovisual documents (video, MP3…)