Socioanthropological studies for integration and social security
Study-unit Code
In all curricula
Maria Chiara Locchi
  • Maria Chiara Locchi
  • 54 ore - Maria Chiara Locchi
Course Regulation
Coorte 2021
Academic discipline
Type of study-unit
Obbligatorio (Required)
Type of learning activities
Attività formativa monodisciplinare
Language of instruction
The course aims to provide students with conceptual tools useful to understand the key questions of Comparative Law of transnational migrations, with special regard to the legal discipline of cultural and religious diversity.
Reference texts
The Reference Texts for non-attending students are the following:
- M.C. Locchi, I diritti degli stranieri, Carocci, 2011 – limited to Chapters 1 and 2.
- P. Parolari, Culture, diritto, diritti. Diversità culturale e diritti fondamentali negli stati costituzionali di diritto, Giappichelli, 2016.

* During the Course attending students will be also provided with constitutional texts, (national and EU) legislative acts and judicial decisions by national and supranational courts, which shall be part of the Course teaching materials.
Educational objectives
The course aims to enable students to identify, in the light of Comparative Public law's conceptual categories, the main legal issues related to transnational migrations and the condition of migrants in contemporary constitutional States, with particular reference to the legal discipline of cultural and religious diversity.
No specific pre-requisites.
Teaching methods
Theoretical lessons, using slides and presentations; seminars given by external experts and scholars; case study analysis; documentaries and films on topics addressed during the Course.
Other information
Learning verification modality
Oral exam: the oral exam is intended to test the students' knowledge of the subject and their ability to deal with the main legal questions raised by transnational migration (as indicated in the program). The oral exam also aims to test students' ability to show language skills and clarity.

Attending students may be asked to write a short paper (up to 10 pages, eg texts, comments, case notes, etc.) during the course, which will be discussed and evaluated during the final exam.
Extended program
In the first part of the course, some fundamental concepts useful to the knowledge of comparative public law will be addressed; in particular, those concepts and legal institutions that are most effective in studying transnational migration law and the legal condition of foreigners will be privileged, such as:

- object and method of comparative law;
- classification of legal systems and concept of "legal family";
- sources of law in Western legal systems (in particular in the European Union);
- Constitution and constitutionalism; forms of State;
- fundamental rights and freedoms;
- Comparative Constitutional Justice.

The second part will address some of the major legal issues raised by transnational migration, with particular reference to the European context. Although the analysis of the Italian case will be privileged, the comparative perspective adopted during the course will identify the main trends and models in managing migration and protecting the fundamental rights of migrant foreigners.
In particular, some aspects of legal discipline of cultural and religious diversity will be addressed, with regard to both the theoretical framework of the different policies on managing cultural and religious pluralism and the analysis of relevant case studies (e.g. religious symbols in public spaces; background and tools of intercultural law; religious-based ADR and parallel jurisdictions).
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