Law and Policies of Social Rights Protection in Europe

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/21
Language
English
Learning objectives
The course aims at giving the students the fundamental notions about social rights protection in contemporary democratic systems. The course will focus on the nature of social rights and on the challenges to social rights protection within the crisis of the Welfare state, from a comparative perspective.
The first part of the course will deal with different models of social rights protection (U.S.A., South Africa, and Europe).
The second part of the course will focus on social rights protection within the EU, in the light of the multiple crises experienced by Europe (economic crisis, migration crisis, rule of law crisis), with a special emphasis on the protection for vulnerable groups (i.e. refugees, low-income people, third-countries nationals).
The third part of the course will focus on the crisis of the welfare state and on the design of new policies and the rise of new paradigms for social rights protection.
Expected learning outcomes
At the end of the course the students
- will be able to discuss the main controversial issues dealing with social rights protection in a comparative perspective;
- will be able to understand the complexity of social rights protection and the role of the different institutions in promoting and protecting social rights in a comparative and multilevel perspective;
- will be able to understand the relationship between social rights protection, citizenship and democratic participation;
- will develop the skills necessary to discuss the most controversial aspect of social rights protection through in-class discussion of case-law and to present in writing critical and argumentative texts.
Course syllabus and organization

Single session

Responsible
Lesson period
First semester
Live-streamed lessons will be recorded and will be available on the online platform.
The course will alternate and combine lectures and seminar teaching. Classes may require prior readings and include pre-recorded components.
Course syllabus
Social Rights Protection: Theoretical foundations
Social Rights Protection in comparative perspective: a complex scenario
The crisis of the Welfare state in Europe
Social rights protection in time of economic crisis
Social Rights protection in time of pandemic: the impact of COVID-19 emergency on SR in comparative perspective.
The role of courts (national and supranational) in adjudicating austerity measures
Case study: pandemic and health care
Case study: economic crisis and social benefits
Rule of law and democratic crises in the EU: an introduction Populism, inequality and social rights
EU citizenship and social rights
EU social rights protection and third countries' nationals
Social rights and conditionality

The EU social pillar: paradigm shift or much ado about nothing?
The crisis of the Welfare state in Europe
Prerequisites for admission
No prerequisites are required.
Teaching methods
The course will be structured on lectures, guest seminars and the discussion of case-studies.
Teaching Resources
Suggested lectures and teaching materials will be available online, through the Ariel site.
Assessment methods and Criteria
Attendant students: Students' grade will be based on class participation and on the discussion of a written assessment. Students may write about any topic that interests them in the field of Social Rights Protection with the approval of the professor.

Non attendant student: Oral exam.

The final mark/grade will be expressed in **/30.

Erasmus Students: the lectures and the Course materials are entirely in English. Participation of Erasmus students is particularly welcome.
IUS/21 - COMPARATIVE PUBLIC LAW - University credits: 6
Lessons: 42 hours
Professor: Baraggia Antonia
Professor(s)
Reception:
Please schedule an appointment writing at: antonia.baraggia@unimi.it
Until September 15th, all the meetings will be held on line on Teams.