Unit LEGAL CULTURE, FUNDAMENTAL RIGHTS AND MIGRATION PROCESSES

Course
European legal integration and human rights
Study-unit Code
A000278
Location
PERUGIA
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
Type of study-unit
Opzionale (Optional)
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 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.
Prerequisites
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
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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
The course is divided into two parts.

The first part is devoted to the analysis of the main legal questions raised by transnational migrations in European democratic-pluralistic states with regard to the pluralism of legal cultures. The course will privilege a perspective focused on the pluralism of legal cultures produced and/or intensified by migrations within the national legal systems of immigration countries, with special attention to the coexistence of State law (or the law of other institutions comparable to the State in terms of institutional forms and law production) and the "legal" norms observed within minority legal orders (eg minority groups characterized by a cultural and/or religious affiliation which also implies belonging to a specific legal culture, as for Islamic communities, but also, in some respects, for Chinese and Roma communities).

The second part focuses on the analysis of some case studies that show the pluralism of legal cultures associated with transnational migrations in Europe, with particular reference to the possible violation of fundamental rights protected at constitutional and supranational level. The specific case studies addressed during the course will be mainly drawn from current events; in any case, privileged topics will concern legal regulation of family and interpersonal relationships and the use of religious symbols, both in the public space and in private relations (eg workplace).

LEGAL CULTURE, FUNDAMENTAL RIGHTS AND MIGRATION PROCESSES

Code A000278
Location PERUGIA
CFU 6
Teacher Maria Chiara Locchi
Learning activities Caratterizzante
Area Giuridico
Academic discipline IUS/21
Type of study-unit Opzionale (Optional)

LEGAL CULTURE, FUNDAMENTAL RIGHTS AND MIGRATION PROCESSES

Code A000278
Location PERUGIA
CFU 3
Teacher Maria Chiara Locchi
Learning activities Caratterizzante
Area Giuridico
Academic discipline IUS/21
Type of study-unit Opzionale (Optional)
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