Unit International and EU migration law and policies
- Course
- International relations
- Study-unit Code
- A001447
- Curriculum
- Migration, globalisation and world governance
- Teacher
- Amina Maneggia
- Teachers
-
- Amina Maneggia
- Hours
- 48 ore - Amina Maneggia
- CFU
- 9
- Course Regulation
- Coorte 2020
- Offered
- 2020/21
- Learning activities
- Caratterizzante
- Area
- Giuridico
- Academic discipline
- IUS/13
- Type of study-unit
- Obbligatorio (Required)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- English
- Contents
- The course provides an introduction to the international and European legal framework regulating migration and migrants’ protection, with a special focus on rules and policies applicable to the current migration flows in the Euro-Mediterranean region. Key contemporary problems in the fields of immigration, asylum and refugee law will be examined through the study of the most significant case-law of national, international and European courts.
- Reference texts
- V. CHETAIL, International Migration Law, Oxford, O.U.P. 2019
C. BARNARD, S. PEERS (eds.), European Union Law, 3rd ed., Oxford, OUP, 2020 (chapter 13: C. BARNARD, Free movement of natural persons and citizenship; and CHAPTER 25: S. PEERS, Immigration and asylum)
V. MITSILEGAS, V. MORENO-LAX, N. VAVOULA, Securitising Asylum Flows: Deflection, Criminalisation and Challenges for Human Rights, Brill/Nijhoff, 2020 (selected chapters)
Further documents and materials will be indicated at the beginning of the second semester and will be made available on Unistudium - Educational objectives
- The aim of this teaching is to provide students with basic knowledge and critical understanding: 1) of the International and European legal framework regulating migration and the protection of refugees and other persons in need of international protection, also in the light of international and European human rights law; 2) of its application to some key issues and problems related to the contemporary migration crisis.
At the end of the course students are expected to have acquired:
• Knowledge of the core sources of International and European migration and refugee law, their main content and prospective evolution and reform.
• Knowledge of the legal constraints stemming from International Human Rights Law upon national and European migration policies
• Knowledge of the most significant European case-law on migration, asylum and migrants’ human rights of migrants.
• Knowledge of the international and European institutional architecture promoting cooperation in migration governance
• Knowledge and critical understanding of some main issues characterising the current “migration crisis” and of the applicable legal framework
As to the skills, students will acquire:
• The ability to apply the legal framework studied to concrete factual circumstances
• The ability to assess current trends, debates and proposals at the national and European levels regarding legal and policy choices in the governance of migration
• The ability to provide legal expert advice on issues and cases involving the application of European and international migration law
• The ability to communicate the knowledge acquired to specialist and non-specialist audiences;
• awareness of the social and ethical responsibilities linked to the application of their knowledge, in particular of how their expertise and its correct communication can promote the evolution of legal rules and steer social and political choices;
• a method of study and critical assessment of European and international legal documents and policies and data on migration and asylum. - Prerequisites
- Basic knowledge of EU law and Public International Law.
- Teaching methods
- Face-to-face lectures; guided in-class reading and debate of texts and documents; use of audio-visual materials on specific issues and cases (videos of international conferences and web seminars; experts’ interviews; webcasts of European courts hearings on migration).
- Other information
- Contacts
amina.maneggia@unipg.it
amina.maneggia@gmail.com
Phone: +39 075 585 2468
Students with disabilities and Specific Learning Disorders
https://www.unipg.it/en/international-students/general-information/facilities-for-special-needs-students - Learning verification modality
- Final oral exam. The oral exam consists of a discussion-interview of about 25 minutes on topics and cases included in the course programme. The test aims at verifying the level of knowledge, critical discussion and ability to make use of the theoretical tools, acquired by the students. The interview will also check the student’s ability to communicate the acquired knowledge with clear and appropriate language.
- Extended program
- PART I. International Migration and Refugee Law: 1) Introduction: The migration phenomenon and its complexity; types and causes of migration including environmental migration, and legal implications; 2) Origins of international migration law (IML); 3) Founding principles of IML: rules on departure, admission and the sojourn of migrants, stemming from International Law and International Human Rights Law; 4) The Treaty Regimes of International Migration Law: a) Refugees; b) Migrant workers; c) Trafficked and Smuggles Migrants; 5) Soft Law in Global Migration Governance; 6) The Architecture of Global Migration Governance; 7) Case-studies on migration and International/European Human Rights Law.
PART II. EU Migration Law and policies. 1) Origins, legal basis and evolution of the EU migration policy (an overview): The origins and main pillars of the EU Migration policy since the Amsterdam Treaty and the Tampere Conclusions of 1999. The legal basis of the EU Migration and Asylum Policy form the Treaty of Amsterdam to the Treaty of Lisbon. The evolution of the EU Migration policy after Tampere: from the era of multiannual programmes implementing the Area of Freedom, Security and Justice (Tampere, The Hague, Stockholm 1999-2014) to the Strategic guidelines of and 2014 and 2020; from the European Agenda on Migration 2015 to the New Pact on Immigration and Asylum 2020. 2) Main features and achievements in the following sectors: regular migration; fight against irregular migration; management of external borders; the Global Approach to Migration and Mobility 2011 and the external dimension of the EU migration policy; the externalization of migration control policies; the Common European Asylum System and the challenge of implementing the solidarity principle.