Course titleSloboda kretanja radnika i pravo zapošljavanja u EU
Number of ECTS credits8 Mario Vinković
Office AddressRadićeva 13 73
Telephone+385 31 224 573
Course content

Through the basic historical framework of European integration, the aim is to analyse and clarify the evolution of the freedom of movement of workers on the common market into the system of European labor law (free movement of workers), to clarify the concept of workers and to determine the freedom of movement of workers in the context of the direct effect of the relevant articles of the TFEU. The freedom of movement of workers will be analyzed in the light of the European Stabilization and Association Agreements, as well as earlier forms of these agreements. Special attention will be paid to practical examples of worker mobility from one EU member state to another EU member state, discrimination in the context of freedom of movement of workers and employment, the right to establish a business and the freedom to provide services, as well as the freedom of movement of workers through the prism of protection of public order, public security and public of health (derogation). The subject will investigate access to employment and the prohibition of discrimination with regard to working conditions, compensation for work and dismissal, and will also discuss the techniques of applying European labor law (administrative application through the Commission; the importance of "social clauses", the role of social partners, the development of legal responsibility for violations of European labor law), individual employment contracts (individual labor law), protection of health, safety and working conditions, risk groups of workers, protection of motherhood in European labor law, dismissals and topics for which doctoral students show a special interest (topics in agreement with participants related to their scientific and professional profile, research interests, topics of introductory research seminars, scientific articles or doctoral theses.

Course learning outcomes

Understanding the complex issue of freedom of movement of workers, as part of the freedom of movement of persons and one of the four fundamental freedoms of the common European market., On the basis of scientific knowledge and jurisprudence of the Court of the EU, contribution to the analysis, interpretation and generation of new knowledge in the field of freedom of movement of workers and employment rights in the EU (in the function of understanding the supranational entity, the division of powers and sovereign rights of member states)., Connecting the issues of freedom of movement and employment rights in the EU with the complex judicial interpretation of the institute of equal treatment, restrictions on freedom of movement, transitional periods and new models of accession agreements., Independent formulation and analysis of research problems in the field of freedom of movement of workers and employment rights in the EU., Interpretation of part of the institute in the field of employment law and freedom of movement in the EU based on its own critical judgment on complex topics and open questions.,

☑ Lectures
☐ Seminars and workshops
☐ Exercises
☑ Independent tasks
☑ Multimedia and internet
☐ Distance education
☐ Office hours
☐ Laboratory
☐ Field work
☑ Mentoring work
☐ Knowledge test
☐ Oral exam
☑ Written exam
☐ Colloquium
Required reading
Barnard, C.. EC Employment Law, Fourth edition. 2013. Oxford EC Law Library, Oxford University Press
Goldner Lang, I. . Sloboda kretanja ljudi u EU, Kontekst sporazuma o pridruživanju. 2007. Školska knjiga, Zagreb
Goldner Lang, I.. Transnational Arrangements in the European Union: How Free is the Free Movement of Persons. 2007. Croatian Yearbook of European Law and Policy, 3
Kovács, E., Vinković, M., Bankó, Z.. Posting of workers in Croatia and Hungary, u: Drinóczi, Tímea ; Župan, Mirela (ur.), Law - Regions – Development. 2013. Faculty of Law University of Pecs, Pecs
Kovacs, E., Vinković, M. . Croatian Concerns and Hungarian Experience Concerning Free Movement of Workers, u: Drinoczi, Timea, Takacs, Tamara (ur.) Cross-border and EU legal issues: Hungary – Croatia. 2011. Faculty of Law University of Pecs & Faculty of Law University of J. J. Strossmayer
Shaw, J. , Hunt, J. , Wallace, C. . Economic and Social Law of the European Union, Palgrave Macmillan law master focus. 2007.
Ravnić, A.. Osnove radnog prava -domaćeg usporednog i međunarodnog. 2004. Pravni fakultet u Zagrebu, Zagreb
Vinković, M.. Transformation of Employment Relations and Social Dumping in the European Union: The Struggle Between David and Goliath? In: Sander, G.G., Tomljenović, V., Bodiroga Vukobrat, N., Transnational, European and National Labour Relations, Series Europeization and Globalization. 2018. Springer International Publishing
Rodin, S., Čapeta, T., Goldner Lang, I.. Reforma Europske Unije – Lisabonski ugovor. 2009. Narodne novine, Zagreb
Optional reading
Vasiljević, S., Vinković, M.. Temeljena prava i zabrana diskriminacije u praksi europskih i nacionalnih sudova. 2019. Narodne novine, Zagreb
Ales, S., Jaspers, T., Lorbar, P., Sachs-Durand, C., Wendeling-Schröder, U. (ur.). Fundamental Social rights in Europe: Challenges and Opportunities. 2009. Intersentia
Barbard, C.. The Substantive Law of the EU, The Four Freedoms. 2010. Oxford University Press
Goldner Lang, I. . From Association to Accession: How Free is the Free Movement of Persons. 2011. Eleven International Publishing, Den Haag
Perišin, T. , Goldner Lang, I. . Free Movement of Services and Establishment in the Overseas Possessions of the Member State of the EU. 2011. Kluwer, Den Haag
Schiek , D., Liebert, U., Schneider, H.. European Economic and Social Constitutionalism after the Treaty of Lisbon. 2011. Cambridge University Press
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