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MIGRATION LAW

CODE 104854
ACADEMIC YEAR 2021/2022
CREDITS
  • 12 cfu during the 1st year of 11162 RELAZIONI INTERNAZIONALI (LM-52) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/21
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 2° Semester
    MODULES This unit is a module of:
    TEACHING MATERIALS AULAWEB

    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

    Migration Law aims to provide students with the tools to know and critically analyse the migration law in force in the European Union, focusing in particular on the legal status of Third Country Nationals. Starting from the European law, the course will deepen the state of transposition of these rules into the Italian legal system and the related jurisprudence, comparing the National experience with that of other States both member and non-member of the European Union.

    LEARNING OUTCOMES

    At the end of the module students will be able to:

    - understand and deal with the complexity of migration discipline as a multi-level phenomenon (European states, EU, ECHR);

    - understand and critically discuss the main issues of Italian law and jurisprudence and other European and non-European states;

    - critically discuss the fundamental rights of migrants ;

    - assess the impact of migration in States' legal systems;

    - express through technical terms specific to the legal language.

    TEACHING METHODS

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

    Students may attend online (synchronous) classes on Teams by previous agreement with the professor (only for very special and documented reasons such as covid quarantine, covid self isolation, residing outside the Region). Team code is 6c5l6ch.

    The module provide for lectures and discussions of case-law prepared by students. 

    Experts on immigration may be invited as part of the module.  

    The active participation of students is required.

    Until the end of the pandemic, the lessons will take place according to the indications provided by the University and the Department (with the possibility of carrying them out in presence, online or in mixed presence/online mode).

    SYLLABUS/CONTENT

    The Migration law module is structured as follows:

    Part I ("traditional" lectures):

    • Migration to Europe in a 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 prepare the exam on the Power Points of the lessons and on the texts uploaded on Aulaweb by the professor.

    The writing and presentation of a case law (in class or at exam) and a short essay on one of the topics of the course is also required.

    TEACHERS AND EXAM BOARD

    Exam Board

    LAURA CARPANETO (President)

    PATRIZIA VIPIANA

    ARIANNA PITINO (President Substitute)

    ARISTIDE CANEPA (Substitute)

    LORENZO CUOCOLO (Substitute)

    STEFANO DOMINELLI (Substitute)

    FRANCESCA MAOLI (Substitute)

    EDMONDO MOSTACCI (Substitute)

    MARIA ANGELA ORLANDI (Substitute)

    MATTEO SOMMELLA (Substitute)

    LESSONS

    LESSONS START

    Lessons start on the 28th of February 2022.

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    EXAM DESCRIPTION

    The exam is oral. 

    Students attending classes: I will take into consideration the case-law presentation (30%), the presence and active participation during class hours (20%) and the knowledge of the materials made available on Team and Aulaweb (two oral questions, 50%). 

    Students NOT attending classes: I will take into consideration the knowledge of the materials made available on Team and Aulaweb (three oral questions, 70%) and the presentation of the case-law (30%). 

    For in-presence final examinations all students can ask to sit a written exam instead of the oral exam. 

    Online final examinations through Teams are always oral. 

    Students of the Curriculum Globalizacion y desarrollo can do the final examination in Italian instead of English.

    The active participation of students at class will also be taken into account.

    ASSESSMENT METHODS

    The examination aims to:

    - ascertain the acquisition by the students of the essential theoretical and methodological notions regarding the topics covered in class; 

    - assess students' ability to think about complex cases from a legal perspective, taking into account both the role of European Union law and domestic and comparative law.

    The final grade is given by the average of the votes delivered in the intermediate tests taken in the two modules. 

    The exam is in English.

    However, students enrolled in the Global y desarrollo CV or the others CVs in Italian may ask to take the exam in Italian.

    Students enrolled in the CV Security and international relation always take the exam in English.  
     

    Exam schedule

    Date Time Location Type Notes
    14/12/2021 09:00 GENOVA Orale
    11/01/2022 09:00 GENOVA Orale
    08/02/2022 09:00 GENOVA Orale
    31/05/2022 09:00 GENOVA Orale
    14/06/2022 12:00 GENOVA Orale
    12/07/2022 11:30 GENOVA Orale
    13/09/2022 12:00 GENOVA Orale

    FURTHER INFORMATION

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