EU Welfare Law

Course content

The course’s main focus is on the role EU law is playing in the social field and how it interacts with the national welfare systems, especially the Danish model. It discusses central and topical themes, such as the free movement of workers including the situation of posting and social security protection; the protection of ‘static’ workers such as the right to collective bargaining for platform workers, the political and legal battle for inserting an EU minimum wage and minimum income,  the newly adopted directive on work-life balance and the EU pillar of social rights. The course is thus a unique opportunity to deal with a variety of topical EU initiatives at the intersection of different legal areas such as that of labour law, social security law, free movement law and competition law.

The course has a moot-court exercise as one of its central teaching elements where students will both submit a written opinion and plead the case before a panel of ‘judges’ on one of the topics that have been previously discussed in class. It thus both enhance students’ written and oral skills preparing them for their future carrier as a lawyer and for the exam. The written assignment can be reworked and constitute the basis for the synopsis, which is submitted prior to the exam.

Finally, the course provides students with deep knowledge on the issue of EU’s competence in the social field and the interaction with the national state and national welfare models. Thus, the course has the welfare models and their underpinning principles as a red thread and it will take outset in the Danish welfare state.

Feel free to contact the course coordinator and teacher Catherine Jacqueson ccj@jur.ku.dk for further information.

Learning outcome

1. On knowledge: Students will be able to:

  • Explain and conceptualise what is meant by welfare, the various existing models and the principles underpinning them
  • Discuss critically which role the EU plays or should play on welfare issues and its interaction with the national states
  • Explain the different pieces of regulation, their interaction or absence thereof, the principles underpinning them and their evolution over time

 

2. On skills: Students will be able to:

  • Critically discuss/assess a case.
  • Defend a position by means of an structured legal argumentation both in writing and orally
  • Propose a solution to a concrete case
  • Analyse and connect various pieces of legal regulation (competition law, labour law, social security law, free movement law…)
  • Analyse the issue of competence of the EU and the interaction with national welfare models

 

3. On competences: Students will be able to:

  • conceptualise various models of welfare level and the interplay between various actors, especially between the EU and the nation/subnational authorities
  • Critically discuss complex issues relating to Social Europe, which direction the EU is taking and the consequences thereof

The following activities are envisaged:
- Presentation of milestone court cases
- Group/plenum discussion of articles/book chapters around pre-defined themes and/or questions
- Moot-court exercise including a short written assignment (legal opinion) and defending a legal position against another party before a panel of judges/teachers. Instructions in what a moot-court is and support to prepare and conduct it will be provided beforehand.

TBA

The literature amounts to approx. 375 pages. A majority is imposed whereas the remaining is selected by the student in order to prepare for the moot-court exercise and the synopsis. The  proposed literature  consists of a number of key rulings from the European Court of Justice of the EU and a number of journal articles or book chapters on the various topics discussed in the course.

The precise list of rulings and articles will be disclosed here before the start of the course.

Open to lawyers as well as to students with another academic background who are interested in legal argumentation and welfare law issues.

No formal requirement except having a bachelor degree and a good knowledge of the English language. It would be an advantage to have a good knowledge of EU law.

Oral
Continuous feedback during the course of the semester
Feedback by final exam (In addition to the grade)
Peer feedback (Students give each other feedback)

Students will get continuous feedback from the teacher on their presentation of court rulings and in discussing articles. Furthermore, students will get feedback on their short written opinion submitted as part of the moot-court exercise. Finally, students will get individual feedback from the teacher and from their peers in the moot-court exercise.

ECTS
7,5 ECTS
Type of assessment
Oral examination, 20 min.
Oral exam based on a synopsis, 20 minutes
Marking scale
7-point grading scale
Censorship form
External censorship

Single subject courses (day)

  • Category
  • Hours
  • Preparation
  • 178,25
  • Seminar
  • 28
  • English
  • 206,25