The course aims principally to provide students knowledge and skills about  constitutional case law on trade union and labour law to complete and refine the theoretical knowledge acquired in the institutional course of Trade union and labour law . The ability to "read" and "interpret" critically the main orientations of the Constitutional Court on trade union and labour law allows students to fully grasp the principles of workers' rights and, more importantly, how these rights can be exercised effectively in order to balance with the other rights recognized by the Constitution (employers, users of public services etc.). The possession of the said capacity is essential to carry out competently and balance the professional activities to which prepares the course of study (employment counselor etc.).

Moreover, considering the particular importance of the issue of health and safety at work in the framework of the course of study, the course will also propose specific insights on this subject through lectures Seminar, with the participation of "external" professors and experts, in order to grasp the peculiarities and problematic application of health and safety law. .

The most part of the course includes the study, through their "reasoned reading" in the classroom, of some of the major decisions of the Constitutional Court on Trade union and labour law, with particular reference to the most relevant and current issues regarding union representation, collective bargaining and the right to strike.

The course also includes the deepening, through lectures in a seminar with the participation of "external" professors and experts, of problems related in particular to the protection of health and safety at work.

Program

Main Part

Course Presentation

The law of trade union release: Constitutional Court n. 1/1960

Law n. 741/1959: Constitutional Court n. 106/1962

Articles 19 & 28 Stat. lav. in the seventies: Constitutional Court n. 54/1974

Article 19 Stat. lav. in the eighties: Constitutional Court n. 334/1988 and n. 30/1990

Article 19 Stat. lav. after the 1995 referendum: Constitutional Court n. 244/1996

Article 19 Stat. lav. after the Fiat case: Constitutional Court n. 231/2013

Strike and lockout for contractual purposes: Constitutional Court n. 29/1960

The political strike: Constitutional Court n. 123/1962 and n. 290/1974

The strike of solidarity and that of small operators: Constitutional Court n. 123/1962 and n. 222/1975

The strike in essential public services (Phase I): Constitutional Court n.123/192 and n. 31/1969

The strike in essential public services (Phase II): Constitutional Court n. 222/1976

Law no. 146/1990 and notice: Constitutional Court n. 276/1993

Law no. 146/1990 and sanctions: Constitutional Court n. 57/1995

Law no. 146/1990 and agreements on minimum service: Constitutional Court n. 344/1996

Law no. 146/1990 and the "strike" of lawyers: Constitutional Court n. 171/1996

Social dialogue and collective autonomy: Constitutional Court n. 34/1985

Freedom of trade union association and collective autonomy in public administrations: Constitutional Court n. 178/2015

Insights

General outlines of safety at work of public safety professionals

Information sharing and employee monitoring

Safety at work in Spain

Specific aspects of safety at work with regard to legal figures for workplace safety in the Armed Forces and in the Police

Organizational Well-being

Violation of the obligations of prevention and loss' risk picture

The contribution of sports competitions to vehicle safety, quality of life and to the organization and safety at work

Diritto sindacale e del lavoro privato e pubblico (Private and public trade union and labour law)

Knowledge and understanding
The student will demonstrate in-depth knowledge of the rules and of the right institutions and work and understanding of its fundamentals regard to the interpretation given to it in the case law of the Constitutional Court.

Applying knowledge and understanding
The student will demonstrate the ability to explain and interpret the main decisions of the Constitutional Court on the trade union and labor law and to be able to rebuild their issues in the light of the overall evolution of matter. The acquisition of the above requirements will be verified in the following ways: reading "reasoned" of judgments in the classroom and public debate on them; oral or written intermediate tests and discussion and final discussion aimed at verifying the knowledge and communication skills and argumentative.

Making judgments

The student will demonstrate the ability to integrate knowledge gathering and interpreting relevant data that emerge from the cases dealt with by the Constitutional Court with regard to trade union and labor law dealt with in class and proposing solutions to their problems. This capacity is gained during the educational activities and verified in the intermediate tests and in the final oral exam.

Communication skills
The student will demonstrate the ability to communicate clearly, with knowledge of legal language, arguments and conclusions in relation to the knowledge acquired during the course, taking properly the necessary information, formulating ideas and proposing solutions to problems emerging from the decisions of the Constitutional Court. Communication skills will be tested in classroom discussions, in the intermediate tests and in the final oral exam.

Learning skills
The student will demonstrate that they have developed those learning skills that will enable them to continue in the study with a high degree of autonomy. To this end will have to demonstrate the ability to update their knowledge and deepen them to the light of doctrinal elaboration and especially the Constitutional Court in relation to the evolution of labour laws also in order to adjust their skills with regard to different professional contexts in which they will be called to operate. The adequacy of the acquisition of learning skills will be verified by the intermediate tests and the final oral exam.

The teaching material prepared by the lecturer in addition to recommended textbooks (such as for instance slides, lecture notes, exercises, bibliography) and communications from the lecturer specific to the course can be found inside the Moodle platform › blended.uniurb.it

The course material consists of the same judgments of the Constitutional Court which will examinated in class and will be available for download from the Moodle Platform ( Blended Learning) of the University website.

The put educational material provided by the teacher is found, along with other support activities within the Moodle > blended.uniurb.it platform

Teaching

Lessons in the classroom  with "reasoned reading" and discussion of some decisions of the Constitutional Court concerning issues of particular relevance and topical in the field of trade union and labour law. The reading and examination of the Constitutional Court's judgments will be preceded by an introduction time to frame the issues treated in the same.

Seminar lessons about safety at work with an exhibition of the teacher and of "external" professors or experts to be followed by a debate.

Attendance

Attendance is not mandatory, but highly recommended, also in consideration of the specific teaching methods.

Course books

The texts of study consist of the same decisions of the Constitutional Court, which will be dealt with in class and that will be downloadable from the Moodle Platform ( Blended Learning ) of the University website.

Assessment

The exam consists of an oral discussion concerning some decisions of the Constitutional Court on the trade union and labour law treated in class. The oral mode allows to evaluate the fullest, as well as the communication skills of the student, the acquisition of analytical and critical skills required to students considering the complexity of issues and object arguments of the Constitutional Court of which they must demonstrate knowledge and understanding.

 

The assiduously attending students may, if they wish, take a mid-term test consisting in an oral discussion or, if they prefer, in a written assignment, concerning the summary analysis of three decisions of the Constitutional Court identified by the teacher between 5 judgments chosen by the student among all those examined in previous lessons (the interview then includes questions on three judgments; the written test includes three open-ended questions). The maximum evaluation of the mid-term exam (oral or written) is thirty.

 

For attending students who have successfully passed the intermediate test given to them, the final exam consists of an oral discussion which will focus on the further deepening of a judgment treated in the mid-term examination and of another judgment, among those examined to class, left untreated in the said verification and proposed by the student. The outcome of mid-term exam will be considered in the final evaluation.

 

For attending students who have not supported or have not successfully passed the intermediate exam the final exam consists of an oral discussion which will focus on three judgments of the Constitutional Court examined in the classroom, including one proposed by the student and two chosen by the teacher.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

Teaching

For a better understanding of the issues dealt we recommend the reading of the manual parts used for the preparation of "Diritto sindacale e del lavoro privato e pubblico" (Private and public trade union and labour law) related to issues addressed in the proposed sentences, which can be downloaded from the Platform Moodle (Blended Learning ) of the University website.

Course books

The texts of study consist of the same decisions of the Constitutional Court, which will be dealt with in class and that will be downloadable from the Moodle Platform ( Blended Learning ) of the University website.

Assessment

For not attending students the final exam consists of an oral discussion which will focus on some decisions of the Constitutional Court on the trade union and labour law, identified on the spot by the teacher, including those discussed in class (all available on the Moodle platform). The oral hearings mode allows to evaluate the fullest, as well as the communication skills of the student, the acquisition of analytical and critical skills required to students considering the complexity of issues and object arguments of the Constitutional Court of which they must demonstrate knowledge and understanding.

Disabilità e DSA

Le studentesse e gli studenti che hanno registrato la certificazione di disabilità o la certificazione di DSA presso l'Ufficio Inclusione e diritto allo studio, possono chiedere di utilizzare le mappe concettuali (per parole chiave) durante la prova di esame.

A tal fine, è necessario inviare le mappe, due settimane prima dell’appello di esame, alla o al docente del corso, che ne verificherà la coerenza con le indicazioni delle linee guida di ateneo e potrà chiederne la modifica.

In the Department is active Olympus Observatory for the permanent monitoring of legislation and case law on safety at work. It carries out various activities including, in particular:
- The management of a website with legislative databases, case law and contractual requirements concerning safety at work,
- Depth articles, specialized reviews and "focus" theme;
- The management of an online scientific journal - "The Working Papers of Olympus", shortly destined to mutate into "Diritto della sicurezza sul lavoro" (DSL) - in the field of safety at work, with ISSN, which makes use of a wide international scientific committee and refereeing procedures for the identification of essays to be published;
- The organization of events congresses and seminars including international.
This observatory, whose website is freely accessible to all in a logic of public service, allows students to find useful materials and documentation to their  course of study and drafting the dissertation. It offers, also, through the mentioned congresses meetings and seminars, the opportunity to meet with leading experts in the field and a full analysis of the most sensitive issues relating to it.

http://olympus.uniurb.it/