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| DROI2326-1 | Advanced Social Security Issues
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| Duration : | 30h Th |
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| Credits/ECTS : |
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| Holder(s) : | Jean‑François Funck |
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| Language : | French language |
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| Course contents : | The first part of this course will examine how far social security law is considered, within our justice system, as a fundamental right guaranteed by legal public order provisions. The practical consequences of this will be considered.
Using higher court decisions (the European Court of Human Rights, the Court of Appeal, the Constitutional Court).
In the second part, the course will concentrate on legislation relating to unemployment. On the one hand, an in-depth examination of the subject-matter will be carried out, using as many examples as possible from labour law jurisprudence. In this way, we want to show that this legislation is not simply a combination of technical rules, but that it raises practical and concrete questions about the place and relationship of individuals in society.
On the other hand, using unemployment legislation as our starting point, the course occasionally turns towards other social security sectors (notably: incapacity to work, retirement pensions) and illustrates the main principles of organisation. In this way, the connections existing between these sectors can be better understood.
In the third part of the course, the major guarantees protecting individuals in their interactions with the administration (Social Charter), the rules which govern the judicial process and the role of the judge in appeal cases.
In all cases, legal provisions will be illustrated with examples from jurisprudence. |
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| Course objective : | When faced with a complex, concrete case, the student should know how to give an argumented, juridical solution to a problem.
To be capable of forming a critical analysis of jurisprudence. |
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| Prerequisites : | Labour law and social security law (3rd Bac.) or equivalent. |
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| Organization : | The course takes the form of lectures but active participation of students is welcomed. Depending upon whether this is possible, simulation of a court case will take place. |
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| Written notes : | Course diagram and a collection of jurisprudence. |
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| Assessment : | Written examination using a practical case. |
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| Contacts : | Jean François FUNCK
jf.funck@swing.be |
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| Remarks : | None |
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