Study:	Civil Law - 9. semester Commercial Law - 9. semester Constitutional-Administrative - 9. semester Criminal Law - 9. semester International Law - 9. semester The European Union Law - 9. semester
Code:	86044
ECTS:	4.0
Course coordinators:	prof. dr. sc. Željko Potočnjak prof. dr. sc. Ivana Grgurev
Lecturers:	dr. sc. Iva Bjelinski Radić - Lectures
Exam dates:	03. 04. 2023. 29. 05. 2023. 26. 06. 2023. 10. 07. 2023. 28. 08. 2023. 11. 09. 2023. Exam registration: Studomat

Literature:

Bell, Mark; Numhauser-Henning, Ann. Equal Treatment (Chapter 3), in: European Labour Law (eds. Jaspers, T.; Pennings, F., Peters, S.); Intersentia (2019), str. p. 131-200 Relevant CJEU case-law; , str

Description:

The focus of the course is on the understanding of concepts of equality and non-discrimination in the EU law. In the introduction to the course the international sources of anti-discrimination law as well as the sources of anti-discrimination law of the Council of Europe are explained. Furthermore, the course deals with the following topics: Development of EU law and policy on equality; Non-discrimination on prohibited grounds (race, gender, sexual orientation, religion and belief, disability, age, part time and fixed-term work); Direct discrimination; Indirect discrimination; Harassment; Sexual Harassment; Justifications; Remedies; Formal and substantive equality; Equal pay; Family friendly policies; Equal treatment in social security; Anti-discrimination Law in Croatia.

Cognitive Skills:

After successfully mastering the course, the students will be able to:

Knowledge and understanding

• Define the concept of non-discrimination (the definition of discrimination and legal protection of victims of discrimination).
• Critically identify the causes of discrimination in the context of labour protective rights and social security rights.
• Explain the theoretical approaches to the prohibition of discrimination.
• Explain the variability of the concept of non-discrimination through social development.
• Emphasize the positive examples of dealing with discrimination in comparative practice.
• Explain the development of the concept of non-discrimination through the acquis, in particular through the relevant case law of the ECJ.
• Describe the development of the concept of non-discrimination through international legal sources and the case law of the Court in Strasbourg.
• Explain the development of the concept of non-discrimination in national law.

Application

• Describe the forms of discrimination.
• Understand the concept of non-discrimination.
• Apply knowledge by recognizing discrimination and suggesting legal protection of victims of discrimination.
• Interpret the relevant anti-discrimination case law of the ECJ in the area of labour law and social security law.
• Illustrate forms of discrimination and problems related to proving prima facie discrimination and related to the sanctioning discrimination (through relevant case-law of the ECJ).
• Solve the case of discrimination in practice, suggesting adequate legal protection.

Analysis

• Differentiate forms of discrimination.
• Analyze anti-discrimination case law of the ECJ.
• Compare the concept of non-discrimination developed in the national law with the concepts developed in the EU law and in the case law of the Court in Strasbourg.
• Apply knowledge of the EU acquis and compare it with the national law.
• Solve the anti-discrimination cases suggesting adequate legal protection.

Synthesis

• Formulate the causes of discrimination as a first step in addressing the problem of discrimination.
• Collect relevant information about the various forms of discrimination and to find appropriate legal sources which guarantee protection from discrimination.
• Find solutions to specific problems in practice related to discrimination in the area of employment and social security.

Evaluation

• Decide whether there is a case of discrimination in concrete situations.
• Assess what information and legal sources are required to be collected in order to address the problem of discrimination.
• Evaluate the evidence in establishing a case of discrimination.
• Conclude on the need for legal intervention to address the problem of discrimination.
• Compare the national law with the acquis communautaire in order to assess their compliance.

Practical and Generic Skills:

Developed sensitivity to the problems of the victims of discrimination they face in society. Avoiding stereotypes and prejudices. After successfully fulfilled the obligations provided by the course students will be able to present publicly the adopted learning outcomes. Namely, they will be able to show knowledge of the concept of discrimination and legal protection against discrimination primarily through the knowledge of the EU acquis; express a clear, well-structured text explaining their attitudes on the promotion of non-discrimination; participate in the work of the team that deals with the prohibition of discrimination.
 

Matching Assessments to Learning Outcomes:

Oral exam consists of checking the understanding of the concept of non-discrimination through the understanding of the notion of discrimination and legal protection from discrimination. In particular, understanding of the acquis (through analysis of relevant case-law of the ECJ) will be assessed, as well as of national law.

Consultations schedule:

• prof. dr. sc. Željko Potočnjak:

  Fridays at 10.00 with Google Meet: https://meet.google.com/wnw-ooso-cjk?authuser=0

  Location: Tkalčićeva 48-50, room 45
• dr. sc. Iva Bjelinski Radić:

  Mondays at 14.00 - online via Google Meet link http://meet.google.com/jmi-sgiw-aeb

  Location: Trg Republike Hrvatske 3, room 40 (4. kat - potkrovlje)