Study programme and level
|Lectures||Seminar||Tutorial||Druge oblike študija||Individual Work||ECTS|
- understanding complex legal terms and concepts (backgrounds of conflicts in public sector, models of internal, judicial and extra-judicial procedures for conflict resolution);
- high level of general understanding of complex social phenomena and concepts;
Content (Syllabus outline)
The origins of coexistence and conflict in human society: differentiation on the basis of division of labor in the so-called pre-national (“natural”) state; differentiation of organizational roles after the transition to the “state status”; division of labor and the transition from personal relationships to organizational roles; bureaucratic organization and impersonal (functional) relationship within the organization; post-absolutist state and development of the ideas of democracy and human rights; the transition to a modern civil service systems; the labor systems in the public sector (comparative aspects); social partnership in the public sector; potential sources of conflicts in the public sector; forms and levels of institutional dispute resolution in the public sector (Slovenia and comparative).
THE CONSTITUTIONAL BASIS OF THE LEGAL DETERMINATION OF LABOR RELATIONS BETWEEN EMPLOYERS AND EMPLOYEES IN THE PUBLIC SECTOR
Constitutional basis of the social dialogue and social security; constitutional starting points of potential conflict between employers and employees (in general and in the public sector); inalienable constitutional rights: the right to social security, the right to association, the right to strike, and other constitutional rights.
THE LEGAL REGULATION OF LABOR RELATIONS BETWEEN EMPLOYERS AND EMPLOYEES IN THE PUBLIC SECTOR
The legal basis of the relationship between public servants and their employers; various European models of regulating labor relations in the public sector (comparative aspect); peculiarities of the legal status of employees in the public sector in some comparative systems;
complementarity and subsidiarity between the labour and civil service legislation in Slovenia; specific legislative acts regulating individual occupational groups in the public sector (e.g. police, army, customs, etc.); the collective and individual labor disputes in the public sector; legally determined procedures for the settlement of disputes between civil servants and their employers (the internal level, the Appeal Commission, court proceedings, a platform for mediation and arbitration dispute resolution); the difference between the institutional handling of labor disputes in the public and private sectors; legal procedure up to the level of final decision on the rights and obligations of civil servants (internal level – procedure within the scope of competence of the employer); theAppeal Commission; legal remedies after the final decision on the rights or obligations of civil servants – judicial proceedings (protection of rights before the Labor and Social Court of Justice and the protection of rights before the Administrative Court – administrative dispute); potential sources of conflict between civil servants and employers in the public sector: salaries, evaluation and promotion, transfer and redistribution, education and training, and termination of employment relation; disciplinary and compensation responsibility of civil servants; the right to trade union association; strike and limiting strikes in the public sector; peculiarities of judicial disputes in public sector; alternative settlement of disputes in the public sector in Slovenia and in comparative systems; mediation; arbitration; the gap between the normative potentials and practice.
SOCIAL DIALOGUE AND COLLECTIVE NEGOTIATION IN THE PUBLIC SECTOR
Origins of the social dialogue in the public sector; the right to trade union association in the public sector; the right to strike and restrictions on these rights in the public sector; the social partners and the scope of the regulation by collective negotiations; peculiarities of social partnership in the public sector: the possibility of the suspension of collective negotiations and the possibility of unilateral intervention by the employer (the state as legislator and the state as employer).
ADR: MEDIATION AND ARBITRATION FOR EMPLOYEES IN THE PUBLIC SECTOR
The initial reflections on terminology issues: conflicts, prevention, arbitration, mediation, negotiation, etc. (also in the literature of the Anglo-Saxon legal traditions: alternative dispute resolution dispute prevention; settlement, arbitration, conflict resolution, the court takes the arbitration, dispute settlement, mediation, negotiation, litigation versus arbitration); the legal basis for mediation and arbitration disputes in the public sector; basic solutions (concept) of alternative dispute resolution in the public sector in Slovenia; comparative models of alternative dispute resolution in the public sector (in other countries — for example: Austria, Germany, France, the UK); the future of ADR in general and in the public sector: relation between the relevancy of the institutional dispute resolution and the alternative dispute resolution.
CONCLUSION OF THE COURSE
Are the mediation and arbitration, as well as the other ADR methods appropriate at all for dispute resolution in the public sector? If the answer to this question is affirmative, what are the system limitations to use such methods:
- within the general administrative procedure as well as in the special administrative procedures (an analysis of the GAPA and the other procedural legislation from the point of view of the ARD implementation);
- within the civil service legislation (an analysis of the Law on Civil Servants and Law on Labour Relations from the point of view of the ARD implementation);
- wirthin some selected material fields of the administrative law (such as construction law, environmental law, etc.).
Objectives and competences
The subject deals with the relationship between civil servants and employers from perspective of a potential conflict and ways of solving conflicts, as well as relationship between the administrative authorities and the parties in administrative procedures; in the foreground are the constitutional, legal and other formal aspects of dispute resolution in the public sector (in particular the provisions of the Law on Civil Servants and the Law on the System of Salaries in the Public Sector, GAPA, as well as general labor legislation and some selected pieces of administrative legislation). The aim of the course is the processing of the Slovenian system of the administrative law and civil servants law from the perspective of judicial and alternative dispute resolution, as well as the processing of some of the most interesting comparative models in this area; After passing the exam, students will be able to understand the potential sources of labor disputes in the public sector, as well as ways and means of solving such disputes.
Intended learning outcomes
– develop comprehensive, critical thinking, the ability of analysis, synthesis and anticipating solutions in the field of administrative law and civil service systems, public administration, and other social sciences (inter-disciplinarity);
– be able to demonstrate the ability to creative use of the knowledge in the legal and business environment;
– be familiar with the history of the administrative system development and modernization of these processes as well as ways of disputes resolution,
– be able to demonstrate the ability to solve concrete problems with the use of scientific methods and procedures in the field of administrative law and civil service law;
– be able to demonstrate the ability to mapping new information and interpretations in the context of the system of public administration and civil service systems;
– be able to demonstrate a strong understanding of administrative law and civil service system and major problems and resources of disputes and dispute resolution in this area (internal mechanisms, special bodies, the courts, mediation and arbitration);
– be able to demonstrate the ability to solve complex professional problems in the field of administrative and civil service systems (with an emphasis on alternative dispute resolution);
– be able to demonstrate a strong understanding of the Slovene and comparative civil service systems, as well as the latest processes in the field of alternative dispute resolution in the public sector (de lege lata and de lege refernda).
Learning and teaching methods
- Frontal instrustions
- Work in smaler groups
- Individual student work
- conversation, discussion, debate
- working with texts and sources
- case study
Written exam 80 %
Seminar paper 20 %