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).  

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 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 the Power Points of the lessons and on the texts uploaded on Aulaweb by the professor.

The presentation of a case law (in class or at exam) among those uploaded on Aulaweb 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 are held in the first semester, starting from the 26th of September 2022.

Class schedule

The timetable for this course is available here: Portale EasyAcademy

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

FURTHER INFORMATION

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