Have you ever wondered what legal rules govern cross-border EU road transport? Are you interested in EU employment law issues in the international road transport sector? Then, on behalf of the Universities of Antwerp, Erasmus University Rotterdam, Gdansk University, Luxembourg University, and Tilburg University, we would like to welcome you to this MOOC on Cross-border Road Transport in the Context of EU Law. This MOOC is a component of the Erasmus + Project, which is supported by the European Commission. This MOOC will teach you not only about the current legal framework, but also how it is applied in the road transport sector.
After completing this MOOC, you will be able to:
- Describe the fundamentals of the European integration process in light of the EU's affirmation of the four fundamental freedoms, the European framework on private international law, worker posting, social security coordination, and social dialogue.
- Recognize the relationship between Treaty provisions and secondary sources in the relevant fields.
- Recognize the tensions between the rationales underlying the legal provisions governing EU social policy and labour law.
- Examine the most recent European Court of Justice case law affecting the rights of international road transport workers.
- Become acquainted with official documents of EU institutions, as well as academic and other relevant literature in this field.
- Where applicable, make use of Member States' implementation of EU rules.
- Resolve cases involving the application of applicable legal provisions.
1. Introduction to the course and the topic
- Welcome students!
- A day in the life of a truckdriver...
2. EU fundamental freedoms in the light of cross-border road transport
- Introduction to the course and to the module
- State of the art and legal context
- Content and limits
- The scope of application of the fundamental freedoms
- General principles
- Applicability and enforcement of fundamental freedoms in the road transport sector
3. Private international law in the EU: competency and applicable law
- Introduction lecture on competence of the court
- Applicability of the Brussels Regulation
- General principles of the Brussels Regulation
- Claim brought by the employee against the employer
- Claim brought by the employer against the employee
- Introduction lecture to applicable law
- Applicability of the Rome I Regulation
- The system of the Rome I Regulation
- Article 8 of the Rome I Regulation
- Article 9 of the Rome I Regulation
4. Posting of workers
- Introduction to posting of workers
- Posting as a political issue and the aims of the PWD
- Material scope of the PWD
- Personal scope of the PWD
- Enforcement Directive and the revised PWD
- Applicability and enforcement of the PWD in the road transport sector
5. Social security coordination
- Introduction and general overview
- Applicable legal instruments
- Applicability of the EU social security coordination regulation
- General principles of EU social security coordination
- Determination of the applicable social security legislation
- Special rules on posting of workers
- Pursuit of activities in two or more Member States
- Abuse and fraud
- Control measures
- The international transport sector
6. European social dialogue
- Introduction to social dialogue