IMMIGRATION LAW

Academic year 2015/2016 Syllabus of previous years
Official course title DIRITTO DELL'IMMIGRAZIONE SP.
Course code FM0273 (AF:210879 AR:101830)
Modality For teaching methods (in presence/online) please check the timetable
ECTS credits 6
Degree level Master's Degree Programme (DM270)
Educational sector code IUS/13
Period 2nd Semester
Course year 1
Course objectives
The aim of this course is to give students a deepen knowledge about immigration law, through the presentation of legal rules about entry and legal stay of european and non-european alien people.

Explaining the framework of this subject, the course means to give the necessary tools to self-update, as it is requested in an interdisciplinary field that is often modified by the legislator, with the awareness that every social action directed to migrant person or family is influenced by administrative condition regarding her legal stay.

The didactic methodology provides for an exam and discussion of case law and jurisprudence about main current issues that arise the interest of social professions.
Pre-requirements
None
Contents
1. Legal condition for foreign person in International Human Rights law and in Italian Constitution. Art. 10 It. Const. and its implementation law. Constitutional Court's jurisprudence between equal title and different enjoyment for alien. EU law and national law concerning European citizens' and their relatives' freedom of movement. Shengen system in the framework of European integration process. Entry and legal stay for non-European citizen. Requirements and obstructive reasons to release and renewal of resident permit. Renewal and conversion of resident permit. Permanent resident permit according to EU law.
2. Common European Asylum System: historical evolution and current crisis. Definitions: constitutional asylum, refugee’s status, subsidiary protection and temporary protection. Humanitarian protection. Minor asylum applicant and victims of trafficking. The concept of stateless person. Procedures for international protection application, suspension and challenge.
3. National SPRAR system (Protection System for Refugees and Asylum Seekers). Immigration policy, procedures, detainment of international protection seekers. Jurisprudence about prohibition of inhuman and degrading treatments as limit to expulsion of irregular immigrant. European Regulation “Eurodac” e “Dublino III”: principles and exceptions. Case law analysis and discussion about European Regulation “Eurodac” and “Dublino III” and transferred people.
4. Family unity right and its protection according to Italian Constitution and ECHR. Family reunification ex art. 29 and ex art 30 Lgs. D. 286/98. Procedure to release. Relatives with previous penal convictions, expelled or known by Shengen. Foreigner wedding in Italy. Resident permit for family reunification for foreigners with Italian citizen.
5. Alien Minor. Conditions for impossibility to expel. Difficulties concerning the conversion of residence permit at the achievement of legal age. Parents’ impossibility to expulsion in case of pregnancy. Unaccompanied alien minor, identification and recognition of minor age. Openness of the protection and legal custody.
6. Entry and legal stay for work reasons. Three-year document and annual planning of entry flows. Residency contract and employer’s duties. Employment and seasonal work. Right to study and receive professional training. Self-employment and access to public sector employment.
7. Alien’s and European citizen’s removal from national territory. Refoulement in borders, expulsion, detention and to State border, accompanying to border. Expulsion revocation and re-entry. Shengen reporting system. Impossibility to expel cases and permanent regularization measures. Crimes related with irregular immigration and employment of irregular immigrants. Alien in penal execution law. Protection of alien victims of crime. Beneficiary persons and different kinds of protection for victim of trafficking according to art. 18 T.U.I.
8. Civil and social rights. Registration of non-European citizens. Right to health. Access to social services, care and welfare beneficiaries. Principle of reciprocity in private law.
9. Protection against discriminations. Anti-discrimination law in International and European legal system. Implementation of Directive 2000/43/Ue. Jurisdictional protection.
10. Citizenship. Requirements for the acquisition of Italian citizenship. Adoption of adult persons.
Type of exam
oral
Teaching methods
Frontal lectures with analysis and discussion of case law
Teaching language
Italian
Other
No difference between attending and non attending students concerning program and materials.
Sustainability
  • Lecture notes, material for reference or for self-assessment available online or as e-book