Eu migration and asylum law

A.Y. 2016/2017
Overall hours
Learning objectives
L'insegnamento si propone di fornire un approfondimento in merito alle politiche di immigrazione e asilo promosse dall'Unione europea, soffermandosi sugli obiettivi e gli strumenti normativi finora adottati e che delineano lo statuto dei cittadini dei paesi terzi, anche in raffronto con il trattamento applicabile ai cittadini dell'Unione europea. Ne sarà quindi tratteggiata l'evoluzione, in particolare, dall'entrata in vigore del Trattato di Amsterdam, fino alle più recenti modifiche apportate dal Trattato di Lisbona. Particolare rilievo sarà attribuito ai profili di tutela dei diritti fondamentali.
Expected learning outcomes
Course syllabus and organization

Single session

Lesson period
First semester
Course syllabus
Course structure and objectives
The course aims to provide a comprehensive overview of EU immigration and asylum policies, focusing on the objectives and the regulatory instruments adopted.
The status of third-country nationals in the EU will be outlined in comparison with the treatment applicable to EU citizens and the UN and regional conventions which regulate the status of aliens. The evolution of these policies, in particular, after the entry into force of the Treaty of Amsterdam up to the changes brought by the Treaty of Lisbon, will be examined. The political framework set by the Justice and Home Affairs multiannual programs will be specifically discussed.
Particular attention will be devoted to the external dimension of the EU immigration and asylum policies, with a special focus to the link between migration and development. The interest in these profiles can be traced back to the nineties and has received increasing attention, becoming the subject of specific initiatives and then finding an express recognition in the Treaty on the Functioning of the European Union, which explicitly gives the European Union a competence to take measures in relation to cooperation and partnership with countries of origin and transit of migrants and asylum seekers.


1. General introduction. The evolution of immigration and asylum policy will be examined in a historical perspective, from intergovernmental cooperation to the introduction of a Community competence and more recent developments.
- The Maastricht Treaty and the introduction of a third pillar on justice and home affairs.
- The new title IV introduced by the Amsterdam Treaty.
- The changes brought by the Lisbon Treaty.
- The political guidelines expressed in the multi-annual five-year programs (The Tampere, the Hague and Stockholm programs).
- The new Program 2015-2019.

2. Immigration policy.
- The conditions of entry and residence of third-country nationals.
- The rights of third-country nationals residing legally in a Member State and the conditions governing freedom of movement and of residence in other Member States.
- Family reunification.
- The status of migrants workers.
- The tools to combat irregular immigration and smuggling of migrants.
- Integration policies.

3. Asylum policy.
- The Common European Asylum System (CEAS). Evolution from the first phase to the second phase.
- Peculiarities and characteristic of the European asylum and international protection systems.
- Subsidiary protection.
- The Dublin system.
- The conditions of reception of asylum seekers.
-The measures of temporary protection and burden-sharing between Member States.

4. The external dimension of EU immigration and asylum policies.
- The global approach to migration
- Cooperation with countries of origin of migrants. Mobility partnerships and visa facilitation.
- The conclusion of agreements with third countries for the readmission to their countries of origin or provenance of third-country nationals who do not or who no longer fulfil the conditions for entry, presence or residence in the territory of one of the Member States.
- Partnership and cooperation with third countries for the purpose of managing inflows of people applying for asylum or subsidiary or temporary protection.
- The maximisation of development impact of migration. The EU role and the international debate.

E. Guild, P. Minderhoud, The first decade of EU migration and asylum Law, Brill, Leiden-Boston, 2012.
V. Chetail, P. De Bruycker and F. Maiani, Reforming the Common European Asylum System, Leiden-Boston, 2016.
European Parliament, Study, EU cooperation with third countries in the field of migration, 2015, available on line.
IUS/14 - EUROPEAN UNION LAW - University credits: 6
Lessons: 45 hours
Professors: Di Pascale Alessia, Nascimbene Bruno