The course offers students a critical approach to comparative migration law and its main institutes. In particular, the course analyses the complex intertwin between domestic, European and international law in the field of both migration flows governance and migrants’ fundamental rights protection and enforcement. Migrants legal statuses will be critically discussed.
If you ATTEND the classes
- Your notes
- C. Costello, The Human Rights of Migrants and Refugees in European Law, Oxford University Press, 2016, Chapters 2, 3, 4, 5, 6
-P. Pannia, V. Federico et al., Legal and Policy Framework of Migration Governance, RESPOND Working Paper Series, 2018, available at:
http://uu.diva-portal.org/smash/get/diva2:1255350/FULLTEXT01.pdf
If you DO NOT ATTEND the classes:
- The Oxford Handbook of Refugee and Forced migration Studies, Oxford University Press, 2014, Chapter 3 (The International Law of Refugee Protection); Chapter 16 (Human Rights and Forced Migrations)
- C. Costello, The Human Rights of Migrants and Refugees in European Law, Oxford University Press, 2016, Chapters 2, 3, 4, 5, 6
-The Ashgate Research Companion to Migration Law, Theory and Policy, Ashgate, 2018, Chapter 14 (Child Migration and the Lacunae in International Protection); Chapter 15 (Unaccompanied Children and their Protection); Chapter 21 (in Defence of the Migrant Workers Convention); Chapter 22 (The Movement of Skilled Labour and Knowledge across Borders)
Learning Objectives
The course is designed to provide students the comparative basic understanding of contemporary migration law. Specific skills of legal research, analysis and comparative methods will be developed during the course, as to encourage students to critically discuss both migration law and its implementation, as well as the difficult dialogue between international, European and national levels.
At the end of the course, those who will have attended it fruitfully and participate to the workshops should be able to find all the sources and materials needed to discuss migration issues, they should master the basic methodological tools and the fundamentals of the discipline to compare different migration legal frameworks, and to be able to express structured and informed opinions.
Prerequisites
NONE
Teaching Methods
The 63 hrs course is organised along traditional lectures, where students will acquire and strengthen knowledge of the fundamental concepts of comparative migration law and its institutes; a series of conferences devoted to the discussion of topics of interest in the contemporary debate on migration and a number of workshops to discuss students works, that in 2020-21 will focus on national forms of temporary protection.
Further information
There are no pre-conditions to attend the course. For the purpose of the final exam, your attendance is valid till September 2021
Type of Assessment
If you ATTEND the classes:
-paper of about 2500 words discussing a specific national framework of temporary protection system (the selection of the jurisdiction requires the lecturer’s approval) and class presentation;
-Oral exam consisting in about 2/3 questions regarding the issues addressed during the course. The evaluation of the exam will be based on: students' knowledge of the topics, students' critical analysis and synthesis, clarity of exposition and appropriate use of specific legal language.
If you do NOT ATTEND the classes
-Oral exam consisting in about 3/4 questions on the full program. The first question will tackle more general issues, whereas the subsequent ones will focus on more specific norms, institutes, phenomena, mechanisms. The evaluation of the exam will be based on: students' knowledge of the topics, students' critical analysis and synthesis, clarity of exposition and appropriate use of specific legal language.
THERE ARE NO MID-TERM EVALUATIONS
Course program
The detailed syllabus for students attending the course will be provided during the first classes, published on Moodle or distributed via email (upon request).
Detailed guidelines for the preparation of both the paper and the class presentation will be provided.
If you do NOT ATTEND the classes: the current trends in migration law in Europe; the notion of legal status and a critical overview of the most relevant legal statuses in contemporary Western jurisdictions; the international and European instruments recognising and enforcing migrants’ rights; asylum (notion, rights and duties, asylum seeking processes); unaccompanied migrant children’s special protection and rights; migrant workers entry channels, permits and rights; family reunification; undocumented migrants and the challenge to contemporary States.