Cross-border road transport in EU law context from Coursera

What's inside

Syllabus

Introduction to the course and the topic

In this first part of the MOOC, we will introduce this MOOC and it's topic:

EU fundamental freedoms in the light of cross-border road transport

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.

Private international law in the EU: competency and applicable law

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.

Posting of workers

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.

Social security coordination

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.

European social dialogue

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.

Final assignment: the SENSE sample case

Finish the course by writing the sample case paper and review two of your peers assignments

Good to know

Know what's good

, what to watch for

, and possible dealbreakers

Introduces learners to the four fundamental freedoms of the EU, non-discrimination principles, and personal and material scope of three fundamental freedoms of the Treaty on the Functioning of the European Union (TFEU)

Examines the general legal framework depicting the basic operating mechanisms of the European Union internal market.

Covers the problem of applicability of rules on private international law on the employment contracts in the cross-border road transport

Analyzes the Posting of Workers Directive and Enforcement Directive, core rights of posted workers, and the prevention of unfair competition

Investigates the social security coordination at the European Union level, social security schemes, and the rights and benefits of drivers

Teaches social dialogue mechanisms, stakeholder cooperation, and the improvement of strategic legal instruments through collective bargaining and consultations

Reviews summary

Passable eu law course

According to students, this course's professional professors and engaging lectures are its most appealing qualities. However, some students do express a lack of interest in EU law and find it difficult to apply these principles to their professional practice.

Activities

Be better prepared before your course. Deepen your understanding during and after it. Supplement your coursework and achieve mastery of the topics covered in Cross-border road transport in EU law context with these activities:

Review the core tenets of EU law

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Brush up on the fundamental concepts of European Union law to strengthen your grasp of the course material.

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Revisit the principles of non-discrimination and free movement enshrined in the Treaty on the Functioning of the European Union (TFEU)
Refresh your understanding of the different types of EU law, including regulations, directives, and decisions
Review the role of the European Court of Justice in interpreting and enforcing EU law

Follow a tutorial on posting of workers

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Review the legal framework related to posting of workers with relevant case law to understand the rules and regulations to be considered in the cross-border road transport sector.

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Find a reputable tutorial on posting of workers.
Follow the tutorial step-by-step.
Take notes on the key points.
Complete any exercises or quizzes that are included in the tutorial.

Participate in a discussion forum on social security coordination

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Engage in discussions with peers to gain different perspectives on social security coordination and its challenges in cross-border road transport.

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Find a discussion forum on social security coordination.
Post a question or comment to start a discussion.
Respond to other people's posts.
Read and consider different viewpoints.

Two other activities

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Solve practice questions on jurisdiction and applicable law

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Practice solving problems related to jurisdiction and applicable law in cross-border employment disputes.

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Find a set of practice questions on jurisdiction and applicable law.
Attempt to solve the questions on your own.
Check your answers against the provided solutions.
Review the questions you got wrong and try to understand why.

Develop a hypothetical case study on a cross-border road transport dispute

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Create a realistic case study to apply your knowledge of the legal framework and identify potential issues and solutions in cross-border road transport disputes.

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Identify the key facts of the case.
Research the relevant legal provisions.
Analyze the facts and the law.
Develop a solution to the dispute.

Career center

Learners who complete Cross-border road transport in EU law context will develop knowledge and skills that may be useful to these careers:

Attorney

An Attorney's work involves dealing with national and international laws. This course's modules on Private international law, Posting of workers, Social security coordination, and European social dialogue will be very useful to an Attorney dealing in EU contexts.

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Lawyer

In a similar vein to Attorneys, Lawyers also deal with laws. They must understand the nuances of national and international laws, especially when practicing in an EU context. This course's modules on Private international law, Posting of workers, Social security coordination, and European social dialogue will be beneficial to a Lawyer in this instance.

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Legal Assistant

Legal Assistants support Attorneys and Lawyers in their work. Understanding the EU legal framework is crucial for Legal Assistants. This course offers a comprehensive overview of EU law, including the four fundamental freedoms, private international law, and social security coordination.

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Paralegal

Paralegals perform a variety of legal tasks under the supervision of attorneys and lawyers. This course will provide Paralegals with skills in various areas of the law, such as private international law, posting of workers, social security coordination, and European social dialogue.

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Policy Analyst

Policy Analysts may work in various settings, including government agencies, think tanks, and non-profit organizations. This course will provide Policy Analysts with the knowledge and skills to analyze and develop policies in areas such as labor law, social security, and transportation.

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Government Relations Specialist

Government Relations Specialists represent organizations before government agencies and elected officials. This course can help Government Relations Specialists understand the EU's legislative process and policies impacting cross-border road transport.

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International Business Consultant

International Business Consultants advise companies on how to operate in different countries. This course can provide International Business Consultants with the knowledge and skills to help companies navigate the legal and regulatory environment of the EU.

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Human Resources Manager

HR managers ensure that organizations comply with labor laws and regulations. This course will provide HR managers with a deeper understanding of EU employment law and social security coordination.

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Transportation Manager

Transportation managers oversee the movement of goods and people. This course will provide transportation managers with the knowledge and skills to manage cross-border road transport operations in compliance with EU regulations.

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Logistics Manager

Logistics managers plan and coordinate the movement of goods and materials. This course can provide Logistics Managers with the knowledge and skills to manage cross-border road transport operations in compliance with EU regulations.

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Supply Chain Manager

Supply Chain Managers oversee the flow of goods and services from suppliers to customers. This course can provide Supply Chain Managers with the knowledge and skills to manage cross-border road transport operations in compliance with EU regulations.

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Economist

Economists study the production, distribution, and consumption of goods and services. This course's modules on the four fundamental freedoms, social security coordination, and European social dialogue may help an Economist.

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Statistician

Statisticians collect, analyze, and interpret data to provide insights into various social and economic issues. This course's modules on the four fundamental freedoms, social security coordination, and European social dialogue may be helpful.

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Sociologist

Sociologists study the behavior and interactions of human beings in society. This course's modules on the four fundamental freedoms, social security coordination, and European social dialogue may be of some use.

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Historian

Historians study the past to understand the present. This course's modules on the four fundamental freedoms, social security coordination, and European social dialogue may be helpful in some contexts.

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