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所在平台: Coursera |
课程主页: https://www.coursera.org/learn/transport-eu-law
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课程名称：欧盟法律背景下的跨境道路运输 课程概述：您是否曾想过适用于跨境欧盟道路运输的法律规则？您是否对国际道路运输行业中的欧盟就业法问题感兴趣？由安特卫普大学、鹿特丹伊拉斯穆斯大学、格但斯克大学、卢森堡大学和蒂尔堡大学共同主办的这门MOOC课程将带您深入探索。该课程是由欧盟委员会资助的Erasmus +项目的一部分。在本课程中，您将不仅学习当前的法律框架，还将了解其在道路运输领域的应用。 参加本MOOC课程后，您将能够： 1. 描述欧洲一体化过程的基础，以及欧盟的四项基本自由、国际私法框架、工人派遣、社会保障协调和社会对话的问题。 2. 理解条约条款与相关领域的二级法律来源之间的相互关系。 3. 理解欧盟社会政策和劳动法规范背后的逻辑之间的摩擦。 4. 分析欧洲法院对国际道路运输工人权利有影响的主要案例法。 5. 熟悉欧盟机构的官方文件及相关学术文献。 6. 在相关的情况下使用成员国实施的欧盟规则。 7. 解决与适用法律条款实施有关的案例。 我们将提供知识短片、涵盖不同关键主题的法律信息备忘录、推荐阅读材料和案例法。每个模块结束后，您还可以通过选择题测试您的知识掌握情况。课程的最后，您将能够通过解决类似于现实生活场景的样本指导案例，将所学知识应用于实践，这将挑战您处理跨境道路运输中所面临的日常问题。 参加本MOOC课程后，您将能够找到以下问题的答案： 1. 哪一项四大基本自由适用？ 2. 哪个法院有管辖权处理劳动争议，哪个法律适用于跨境雇佣关系？ 3. 如何适用和执行《工人派遣指令》中的规则？ 4. 哪种社会保障制度适用，哪个社会保障机构负责征收社会保障缴费？ 5. 社会对于跨境道路运输的参与者的角色是什么？ 一起踏上这段旅程，您一定会感到一切都变得有意义！系好安全带吧！ 课程大纲： 1. 课程介绍与主题概述 2. 跨境道路运输下的欧盟基本自由 3. 欧盟的国际私法：管辖权和适用法律 4. 工人派遣 5. 社会保障协调 6. 欧洲社会对话 7. 结课作业：SENSE样本案例 希望您在这个课程中有所收获！
Name:Introduction to the course and the topic
Description:In this first part of the MOOC, we will introduce this MOOC and it's topic:
Name:EU fundamental freedoms in the light of cross-border road transport
Description:The second week sets forth the general legal framework depicting the basic operating mechanisms of the European Union internal market with a focus oriented at the personal and material scope of three fundamental freedoms of the Treaty on the Functioning of the European Union (TFEU): free movement of workers, freedom to provide services and freedom of establishment. The core principle governing the fundamental freedoms embodied in the Treaties is the principle of non-discrimination and the prohibition of imposing obstacles to these freedoms. These principles, depending on the freedom, may have a different ambit, as shown by important case law of the Court of Justice of the European Union (CJEU), which will be analysed further throughout the memorandum.
Name:Private international law in the EU: competency and applicable law
Description:The third week dwells into the problem of applicability of rules on private international law on the employment contracts in the cross-border road transport. It is demonstrated that due to the intrinsic characteristic of the cross-border road transport, which is its transnational nature, conflict of laws may arise. The questions that need to be addressed upon such consideration are not only revolving around the law of which Member State is applicable to the employment contracts at hand, but also, the jurisdiction of the courts over the claim that is to be submitted. To bring coherency to the subject matter, which usually was regulated at the national level by the Member States, some legal regimes have been adopted by the EU that form a large part of EU law, which are further set forth in this part.
Name:Posting of workers
Description:The fourth week concerns the posting of workers, who under EU law are not considered to be workers falling under the ambit of the free movement of workers provisions of the TFEU (Article 45 TFEU), but instead, they fall under the scope of the provisions governing the freedom to provide services. Consequently, posted workers cannot enjoy fully the principle of equal treatment unlike workers do, because as argued, they do not enter the labour market of a host Member State since they are supposed to provide their services temporary. Nevertheless, in order to strengthen the protection of these workers and to eliminate the risks of unfair competition between undertakings established in the Member States, the Posting of Workers Directive plays a pivotal role by guaranteeing a minimum set of hard-core rights to those workers who are posted to another Member State. In addition, the Posting of Workers Enforcement Directive seeks to safeguard a proper enforcement of these rules. Since the issue of posting is present in cross-border transport, as it happens to be the case that truck drivers are the ones being posted to deliver the goods from one Member State to another Member State, these legal instruments must be taken into account with regard to the issues concerning genuine posting and the enforcement of the existing rules on posting.
Name:Social security coordination
Description:The fifth week envisages the social security coordination at the European Union level. Cross-border road transport possesses a transnational element, truck drivers could fall under a number of national legal regimes depending on the country of origin, transit countries and the country of the final destination. Therefore it is crucial to analyse to which social security scheme should the drivers be subject to so that it is clear where contributions have to be paid and where they could enjoy all the corollary rights and benefits. This part of the Module dwells into the existing legal provisions regulating social security stemming from the hard law instruments as such and on top of that, case law, which particularly in this field, forms a substantial bulk of applicable rules whilst implementation.
Name:European social dialogue
Description:The last theoretical week addresses the social dialogue mechanisms. The social dialogue attempts to facilitate the cooperation between a vast array of stakeholders representing different positions, also in forms of collective bargaining, which in essence contributes to an overall improvement of strategic legal instruments by taking into account a wider perspective worked out in a course of negotiations and consultations. At the European level, social dialogue plays an important role between the associations of employers, trade unions and essentially the EU institutions that are obliged to take into account the stakeholders' opinions on the legislative proposals. Therefore, as described, social dialogue cannot be omitted, nor disregarded, quite the contrary, it needs to be strengthened to achieve a fair level playing field for all involved in the cross-border road transport.
Name:Final assignment: the SENSE sample case
Description:Finish the course by writing the sample case paper and review two of your peers assignments
Have you ever wondered which legal rules are applicable to cross-border EU road transport? Are you interested in the issues revolving around EU employment law in the international road transport sector? Then, on behalf of the University of Antwerp, Erasmus University Rotterdam, University of Gdańsk, University of Luxembourg and Tilburg University, we would like to welcome you to this MOOC on Cross-border Road Transport in EU law context. This MOOC is a part of the Erasmus + Project funded by the European Commission. In this MOOC, you will not only learn what the current legal framework is, but also, how it is applied in the road transport sector. After participating in this MOOC, you will be able to: 1. Describe the basics of the process of European integration, in the light of the affirmation of the four fundamental freedoms of the EU, European framework on private international law, the posting of workers, social security coordination and social dialogue. 2. Understand the interplay between Treaty provisions and secondary sources in the relevant fields. 3. Understand the frictions between the rationales underneath the legal provisions that govern EU social policy and labour law. 4. Analyse the most relevant case law of the European Court of Justice with an impact on the rights of international road transport workers. 5. Familiarise with official documents of the EU institutions and with academic and other relevant literature in this field. 6. Use, where relevant, the implementation of EU rules by Member States. 7. Solve cases dealing with the implementation of the applicable legal provisions. We are offering you knowledge clips, memoranda that contain in-depth legal information on the different key topics, recommended readings and case law. Next to that after each module, you could test your acquired knowledge by taking a multiple choice test. In the end of this course, you will be able to apply everything you have learned in a practical manner by solving our sample guide case that resembles a real life scenario which challenges you to deal with everyday's problems faced in the cross-border road transport by practitioners in the field. By participating in this MOOC, you will find answers to the following questions: 1. Which of the four fundamental freedoms is applicable? 2. Which court has jurisdiction over a labour dispute and which law governs the cross-border employment relation? 3. How to apply and enforce the rules stemming from the Posting of Workers Directive? 4. Which social security system is applicable and which social security institution is competent to levy the social security contributions? 5. What is the role of social partners in the cross-border road transport? In the end it all makes SENSE! So let's go down this road together. Buckle up!
