Immigration is a very crucial challenge for Europe. Indeed, the creation of a Common Immigration and Asylum policy is one of the main objectives within the European Union integration process. The course aims to provide an adequate knowledge of Immigration Law through a theoretical and pragmatic approach, allowing students to master the fundamental concepts of the subject with correct legal terminology, systemic thought and proper logical reasoning. The most important rules related to immigration will be analysed taking into consideration the European Union (and its impact on the Italian legal order) and the Italian Law. The course also aims to analyse the legal status of the Third Countries Nationals with particular regard to the issue of the protection of fundamental rights.
Expected learning outcomes
The Course will focus on the main issues and on the most actual matters of Immigration Law. In addition to adequate knowledge of immigration law, at the end of the course the student must be in a position to develop his capacity to critically approach on the issues discussed. The course will focus on a critical analysis (also based on the Class discussion) of the most recent and relevant cases related to the migration phenomenon and of some case-law in order to give the student a critical capacity in relation to the different issues and to develop an approach not only theoretical to the subject. At the end of the course the student should be able to interpret the main events relating to immigration policies and law independently from a legal point of view. The approach to the subject will obviously be of a legal nature but immigration ties with other non-legal disciplines will be recalled on several occasions in order to make the student aware of a Degree in Political Science of the need to address immigration issues with a multidisciplinary approach. In order to foster the student's ability to communicate what has been learned, the students' active participation, discussion and exchange of opinions on the topics will be stimulated within the Course. In this regard, at the end of the course students will be able to elaborate and discuss in the classroom papers related to the topics addressed. The course will also provide tools to enable students to develop correct legal terminology, systemic thought and proper logical reasoning.
The course examines the European Union and Italian immigration law and its evolutions. In particular: the legal status of immigrants between Italian, European and International Law and the respect of their human rights; The Italian Constitution and legal status of immigrants; the evolution of EU common Immigration policy and EU common Asylum Policy; The EU-Treaties and the legal basis on immigration; The European laws and policies on Immigration and Asylum; The Italian laws on Immigration; The Italian Laws on Asylum; the Italian rules against irregular immigration; the Italian rules on welfare and social righths access of immigrants; Family reunification; Integration of legal immigrants in Italy; cultural rights; the jurisprudence of the Italian Contitutional Court, Court of Justice of the European Union, European Court of Human Rights.
Prerequisites for admission
Diritto pubblico/Public Law
Frontal lesson. The cours aims to encourage the active participation of the students examining the most important and recent events related to Immigration Law and policies. The course has the objective to stimulate the active participation of the students and the discussion. Attending students can also elaborate and discuss their papers in the class-room at the end of the Course.
- F. Scuto, I diritti fondamentali della persona quale limite al contrasto dell'immigrazione irregolare, Giuffrè, Milano, 2012. - Manuale sul diritto europeo in materia di asilo, frontiere e immigrazione, 2014, cap. IV; cap. V, pp. 101-150 (reperibile on-line e sul sito Ariel del corso dalla pagina ariel.unimi.it) - G. Cavaggion, La cultural defense e il diritto alla cultura nello Stato costituzionale, in Osservatorio costituzionale, 2015. (reperibile on-line e sul sito Ariel del corso dalla pagina ariel.unimi.it)
Assessment methods and Criteria
The exam consists in an oral test concerning the topics covered in the course: three questions covering (as an indication) each part of the course. The test aims to verify the achievement of the course objectives and, in particular, the full knowledge of the subject and the ability to expose it with legal logic, legal terminology and good reference to the main constitutional rules and laws on immigration. Attending students can also elaborate and discuss their papers in the class-room at the end of the Course.