Eu Migration and Asylum Law
A.Y. 2023/2024
Learning objectives
The course aims to make students achieve: - in-depth knowledge of the topics covered by the course, on the assumption of the acquisition of the basic elements during the previous university career; - the ability to critically address the issues and resolve legal issues through the reworking of the concepts learned; - the strengthening of the technical language relevant to the subject; - the ability to connect the various topics in order to develop useful proposals for the solution of concrete cases, including through practical lessons on case-law examination conducted with the active participation of students.
Expected learning outcomes
At the end of the course the student, who has proficiently learned the subject, will have a basic knowledge of EU policies and legislation, as well as European jurisprudence in the areas of immigration and asylum and will have acquired a method suitable to assess the relevance and application in the national system.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
1. Introduction. The foreigner's statute. Historical evolution. From attempts at codification to classification within the system of protection of human rights. Conceptualization within the United Nations. The regional protection systems. The foreigner within the framework of the European Convention on Human Rights. The perspectives of global governance within the Global Compact.
2. The competences of the European Union. From intergovernmental cooperation to the introduction of Community competence in the areas of immigration and asylum. The changes made by the Lisbon Treaty. The political guidelines expressed in the five-year programmes.
3. 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 residence in other Member States. Family reunification. Instruments to combat irregular immigration and smuggling of migrants. Cooperation with countries of origin. Integration policies.
4. Asylum policy. The European asylum system. Subsidiary protection. The Dublin system. Reception conditions for asylum seekers. Temporary protection and burden-sharing measures between Member States. The external dimension of asylum policy.
2. The competences of the European Union. From intergovernmental cooperation to the introduction of Community competence in the areas of immigration and asylum. The changes made by the Lisbon Treaty. The political guidelines expressed in the five-year programmes.
3. 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 residence in other Member States. Family reunification. Instruments to combat irregular immigration and smuggling of migrants. Cooperation with countries of origin. Integration policies.
4. Asylum policy. The European asylum system. Subsidiary protection. The Dublin system. Reception conditions for asylum seekers. Temporary protection and burden-sharing measures between Member States. The external dimension of asylum policy.
Prerequisites for admission
Previous knowledge of European Union law (basic course) and international law is required.
Teaching methods
The course includes theoretical lessons, but has a workshop approach with the examination of cases and documents.
There will also be opportunities for curricular internship at the section specialized in immigration, international protection and free movement of EU citizens of the Court of Milan. Requirements and access modalities are indicated on the COSP website
There will also be opportunities for curricular internship at the section specialized in immigration, international protection and free movement of EU citizens of the Court of Milan. Requirements and access modalities are indicated on the COSP website
Teaching Resources
B. Nascimbene, Lo straniero nel diritto internazionale, Milano, Giuffré, 2013.
S. Amadeo, F. Spitaleri, Il diritto dell'immigrazione e dell'asilo dell'Unione europea, Giappichelli, 2022 (chapters IV and V are excluded)
For attending students, the parts to be prepared will be indicated during the lessons and will include cases and materials that will be distributed and indicated
S. Amadeo, F. Spitaleri, Il diritto dell'immigrazione e dell'asilo dell'Unione europea, Giappichelli, 2022 (chapters IV and V are excluded)
For attending students, the parts to be prepared will be indicated during the lessons and will include cases and materials that will be distributed and indicated
Assessment methods and Criteria
Oral examination with final score in thirtieths
Professor(s)