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.

LEARNING OUTCOMES.

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

- understand and address the complexity of the migration discipline as a multilevel phenomenon (European States, EU, ECHR);

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

- Critically discuss the fundamental rights of migrants;

- assess the impact of migration in the legal systems of states;

- express themselves with specific technical terms of legal language.

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

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

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 exam is in English.

FURTHER INFORMATION

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

Students with certification of DSA, disability and/or other special educational needs are recommended to contact both the referent for disability Prof. Aristide Canepa (aristide.canepa@unige.it) and the professor of the teaching at the beginning of the course, to agree on teaching and examination methods which, in compliance with the objectives of the course, will conider individual learning modalities and provide suitable compensatory instruments.

For further information please visit the Unige website at  https://unige.it/disabilita-dsa/studenti-disabilità-informazioni-utili