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ODEC 6055 - Economic freedoms and fundamental social rights in the case law of the EU Court of Justice

Type d'enseignement : Workshop

Semester : Autumn 2017-2018

Number of hours : 8

Language of tuition : English

Pre-requisite

A basic knowledge of EU law is an asset (not mandatory)

Course Description

The seminar explores the inherent tension existing between, on the one hand, the creation of an integrated marked based on the principles of openness and non-discrimination and, on the other, the protection of social rights by EU Member States and the safeguard of “closed” welfare systems. The seminar focuses on the activity of the Court of Justice of the EU and, in particular, on some of its most controversial decisions concerning the free circulation of services and persons and their impact on the balance between economic freedoms and fundamental social rights in the EU legal order. Furthermore, it also examines the response to the CJEU's activism by EU law-makers through the adoption of (or the request to adopt) new legal acts. More in detail, the workshop is structured as follows: - Brief introduction of the relationship between economic freedoms and social rights in the EU legal order; - Free circulation of services, posted workers and workers' rights ; - Free circulation of persons and access to social benefits. - Conclusion: the normative reaction to judicial activism.

Teachers

COSTAMAGNA, Francesco (Enseignant)

Required reading

  • CJEU, Judgment of 18 December 2007, C-341/05, Laval, paras. 86-111
  • CJEU, Judgment of 3 April 2008, C-346/06, Rüffert, paras. 22-43
  • CJEU, Judgment of 17 November 2015, C-115/14, RegioPost, paras. 53-77
  • CJEU, Judgment of 20 September 2001, C-184/99, Grzelczyk, paras. 31-44
  • CJEU, Judgment of 19 September 2013, C-140/12, Brey, paras. 39-80

Additional required reading

  • CJEU, Judgment of 11 November 2014, C-333/13, Dano, paras. 56-84
  • CJEU, Judgment of 18 September 2014, C-549/13, Bundesdruckerei, paras. 24-36