Migration law

  • A.A. 2019/2020
  • CFU 8
  • Ore 40
  • Classe di laurea LMG/01
Fabrizio Marongiu Buonaiuti / Professore di ruolo - I fascia / Diritto internazionale (IUS/13)
Dipartimento di Giurisprudenza
Prerequisiti

There are no formal requirements in terms of exams to be passed before taking the course. Nonetheless, some background knowledge of European Union Law would be appropriate in order to understand properly the impact of EU rules and principles on the subject. Furthermore, even if no formal language requirements have been set for attending the English-speaking courses delivered as part of the CIELIP programme, a sufficient command of the English language shall be considered as an implied prerequisite.

Obiettivi del corso

The course, as part of an optional English-speaking programme titled CIELIP (Comparative, International and European Law in Practice), intends to provide students with the necessary legal tools for understanding migration as a critical social phenomenon in the current times.
The students' attention will be drawn to the difficulties inherent in the inter-relationship between the different sets of legal rules applicable in the field, embodied in international conventions, EU legal acts and national legislation, discussing the limits which the first two sets of rules pose on the States' discretion in regulating and limiting migratory movements.
A particular focus will be posed on the currently most topical aspects of the subject, with particular regard to the handling of irregular migration by sea and to the highly debated issue of the relocation of migrants as part of the controversial implementation of the duty of solidarity among EU Member States.

Programma del corso

1. An introduction to the relevant legal framework: international treaties, EU rules, and national legislation.
2. The development of the EU migration policy: the abolishment of controls at the internal borders and the harmonization of controls at the external borders.
3. The EU rules concerning entry and stay of third country nationals for working, studying or other purposes, and concerning the repatriation of irregular migrants: issues related to their implementation in national legislation and the scope left for Member States' discretion.
4. The EU asylum policy and its criticalities. The incidence of the 1951 Geneva Convention on Refugees and of international human rights treaties, most notably the European Convention on Human Rights; other forms of international protection, such as subsidiary protection as devised under the relevant EU rules, and other forms of humanitarian protection provided for under national legislation.
5. Crucial issues posed by the said rules: the s.c. Dublin Regulation concerning the determination of the Member State competent for the examination of an application for asylum, and its perspectives of further reform.
6. The difficult implementation of the principle of solidarity within the European Union and the instruments available to Member States in order to react to uncontrolled migratory movements.
7. The external projection of the EU migration policy: the development of partnerships with the third countries of origin of mass migratory movements and the challenges posed by the current situation, between different perceptions among Member States and serious difficulties in the third countries concerned.

Testi (A)dottati, (C)onsigliati
  • 1.  (A) L. Azoulai, K. de Vries (eds.) EU Migration Law. Legal Complexities and Political Rationales Oxford University Press, Oxford, 2014
Altre informazioni / materiali aggiuntivi

Students regularly attending the course will be expected to study for the exam on the basis of the notes taken during the course and of the relevant materials (treaties, EU and national legislation, case law and legal literature) posted by the lecturer on the webpage of the course. Students not attending the course will be expected to study on the textbook specified above, having care to consult the relevant treaty rules as well as EU legislation, as cited in the textbook. For this purpose, they may avail themselves of the materials posted on the webpage by the course.

Metodi didattici
  • The course will be delivered in classes (lezioni frontali). These will be supplemented by case studies (esercitazioni), based on cases decided by the Court of Justice of the European Union, the European Court of Human Rights, or national courts, which will be posted on the webpage of the course.
    Special attention will be devoted to the discussion of cases, in order to allow students develop an ability to discuss competently in English issues related to the main topics forming the subject of the course, acquiring a good command of the relevant legal terminology as well as a deep understanding of the legal problems inherent in this area of the law.
Modalità di valutazione
  • The exams will take place in both written and oral form. Students regularly attending the course will have the opportunity of sitting for an intermediate written proof. Students having passed the said proof shall sit for the final exam only on the issues treated in the course after the intermediate proof.
    Written proofs will be based on open questions (themes) on the topics treated in the course (for students regularly attending the course) or included in the course syllabus (for students not attending the course).
    The oral proof, which presupposes the passing of the written proof, may imply further questions on the topics dealt with in the course (for students having regularly attended) or contemplated in the course syllabus (for those not attending).
Lingue, oltre all'italiano, che possono essere utilizzate per l'attività didattica

English

Lingue, oltre all'italiano, che si intende utilizzare per la valutazione

English