OVERVIEW

The course investigates the main aspects related to the entry, stay and protection of fundamental rights of migrants according to National, Internationl, EU and other Countries' law and Jurisuprudence.

AIMS AND CONTENT

LEARNING OUTCOMES

At the end of the course students will be able to know the multi-level framework of migration law as it results from the sources of law and from the jurisprudence at international, European Union and national level; to understand the relationship between these sources of migration law and the role of Courts operating into the different legal systems; to address the main legal challenges concerning the protection of human rights and the integration of migrants in Italy and in the main States of the European Union; to handle the legal instruments and the method for comparing the different situations in the field of immigration between the States of the European Union; to analyze and to discuss from a legal and constitutional perspective, the most current issues in the field of immigration in Italy and within the European Union.

AIMS AND LEARNING OUTCOMES

The Migration Law course aims to provide students with the tools to learn about and critically analyze current migration law in the European Union, with particular attention to the legal status of third-country nationals. Beginning with European law, the course will go deep into Italian law and related case law, comparing the national experience with that of other EU and non-EU member states.

Intended Learning Outcomes (Dublin Descriptors)

Knowledge and understanding

By the end of the course, students will have acquired knowledge of the legal framework governing migration at the different regulatory levels (national, European, and Convention-based), the main concepts and institutions of migration law, and the most significant legislative and case-law developments in Italy and other legal systems.

Applying knowledge and understanding

By the end of the course, students will be able to identify and interpret the legal and judicial sources relevant to migration issues, navigate the complexity of migration governance, and analyse the impact of migration law and policies on national and European legal systems.

Making judgements

By the end of the course, students will be able to critically discuss issues concerning the fundamental rights of migrants, assess legislative and judicial responses at the national, European, and international levels, and evaluate their impact on the protection of human rights.

Communication skills

By the end of the course, students will be able to present and discuss the main legal issues related to migration in a clear and well-structured manner, using the appropriate technical legal terminology.

Learning skills

By the end of the course, students will be able to independently identify and use legislative, judicial, and documentary sources in the field of migration and to critically explore developments in migration law and policies across different levels of governance.

PREREQUISITES

Basic knowledge of Italian and EU/International public law.

A good level of english proficiency. 

TEACHING METHODS

The course is "in presence" at Albergo dei poveri.

The teaching provides for lectures and discussions of case-law (also prepared by students). 

Experts on immigration may be invited.

The active participation of students is strongly recommended.

SYLLABUS/CONTENT

The Migration law teaching is structured as follows:

Part I ("traditional" lectures):

• Migration to Europe in an historical and legal perspective
• European citizens and Third-Country Nationals (TCN): the principle of non-discrimination on grounds of nationality
• Immigration within the legal framework of the European Union
• Voluntary migration (for economic or family reasons) and forced migration (asylum and international protection)
• The right of asylum in Italy and in other European States
• Foreigners and immigrants in the Italian Constitution
• The entry and stay of TCN in Italy and in other European states
• The expulsion of TCN from Italy and from other European States
• The social rights of TCN 
• The integration of TCN in Italy and other EU States

Part II: analysis and discussion of the main immigration judgments issued by national, EU and ECHR Courts on:

• Citizenship
• Asylum
• Reunification
• Social rights
• Integration of TCN

RECOMMENDED READING/BIBLIOGRAPHY

Students will prepare the exam on Power Points from lectures and texts uploaded on Aulaweb by the professor.

Presentation of a case law (in class or during the exam) among those uploaded on Aulaweb is also required.

TEACHERS AND EXAM BOARD

Exam Board

ARIANNA PITINO (President)

PATRIZIA VIPIANA

ARISTIDE CANEPA (Substitute)

SIMONE FREGA (Substitute)

ANDREA MOLFETTA (Substitute)

BUKURIE OZUNI (Substitute)

LESSONS

LESSONS START

Lessons wil be held in the first semester of the academic year 2025/26.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam includes both a written and an oral component.

The oral part consists of the presentation of selected case law (made available on Aulaweb, on which the professor may ask related questions based on the course syllabus).

The written part consists of two open-ended questions (in the form of short essays), to be completed within 45 minutes.

Active participation in class will also be taken into account in the final evaluation.

Attending students will have the opportunity to present the case law during the final classes of the course and to discuss it with the instructor and their fellow students.

The final grade (on a scale from 18/30 to 30/30) will be composed as follows:

• Attending students: Oral exam: 40% (i.e., 12/30); Attendance and class participation: 10% (i.e., 3/30); Written exam: 50% (i.e., 15/30)

• Non-attending students: Oral exam: 40% (i.e., 12/30); Written exam: 60% (i.e., 18/30). 

ASSESSMENT METHODS

Assessment methods

The examination is designed to assess the achievement of the intended learning outcomes in accordance with the Dublin Descriptors.

In particular, the examination aims to:

• assess students’ knowledge and understanding of the main theoretical and methodological concepts addressed during the course, including the legal framework governing migration at the national, European, international, and comparative levels (knowledge and understanding);
• evaluate students’ ability to identify and interpret the relevant legal and judicial sources and to apply the knowledge acquired to the analysis of complex legal issues concerning migration and the protection of migrants’ rights (applying knowledge and understanding);
• assess students’ ability to critically discuss legal and policy issues relating to migration, taking into account the interaction between domestic, European Union, international, and comparative legal systems (making judgements);
• evaluate students’ ability to present legal arguments clearly and coherently, using appropriate legal terminology in English (communication skills).

Particular consideration will be given to:

• the accuracy, completeness, and coherence of the answers;
• the ability to reason on complex legal scenarios from a multi-level perspective;
• the ability to establish connections between different legal systems and sources of law;
• references to relevant legislation, case law, and scholarly debates;
• the capacity to develop critical and well-reasoned arguments concerning migration law and the fundamental rights of migrants.

The examination is conducted in English. Students are therefore expected to demonstrate an adequate command of legal English and the ability to discuss legal issues using appropriate technical terminology.

FURTHER INFORMATION

I remind all students to register with Aulaweb to receive all the updated information on the Migration law.

"To request compensatory tools or dispensatory measures, students with disabilities or SLD must fill in the dedicated Webform available at https://unige.it/disabilita-dsa, at least 7 working days before the exam.
Students with SEN may instead send their request by e-mail to the lecturer, copying the Department Representative, Prof. Aristide Canepa (aristide.canepa@unige.it) and the Inclusion Office (inclusione.studenti@info.unige.it).
Requests from students will be assessed by the lecturer and may be approved or rejected".