Unit COMPARATIVE PUBLIC LAW AND MIGRATION
- Course
- Socioanthropological studies for integration and social security
- Study-unit Code
- 40A00066
- Curriculum
- In all curricula
- Teacher
- Maria Chiara Locchi
- Teachers
-
- Maria Chiara Locchi
- Hours
- 54 ore - Maria Chiara Locchi
- CFU
- 9
- Course Regulation
- Coorte 2021
- Offered
- 2021/22
- Academic discipline
- IUS/21
- Type of study-unit
- Obbligatorio (Required)
- Type of learning activities
- Attività formativa monodisciplinare
- Language of instruction
- Italian
- Contents
- The course addresses some of the main legal issues raised by transnational migrations in European legal systems, with particular reference to the tensions produced by the pluralism of legal cultures on fundamental rights protected at constitutional and supranational level.
- 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 provide students with the conceptual tools useful to understand the main legal issues raised by migrations in European legal systems, with particular reference to the tensions produced by the pluralism of legal cultures on fundamental rights protected at constitutional and supranational level.
- Prerequisites
- No specific pre-requisites
- Teaching methods
- Theoretical lessons, using slides and presentations; seminars given by external experts and scholars; case study analysis.
- 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).