IMMIGRATION LAW

Academic year 2019/2020 Syllabus of previous years
Official course title DIRITTO DELL'IMMIGRAZIONE SP.
Course code FM0273 (AF:308453 AR:167100)
Modality On campus classes
ECTS credits 6
Degree level Master's Degree Programme (DM270)
Educational sector code IUS/13
Period 1st Semester
Where VENEZIA
Moodle Go to Moodle page
Contribution of the course to the overall degree programme goals
Social workers are expected to be competent on rights and duties of the complex legal position of foreign people, families and their Italy -born children. It will be given to the future professionals in the social work field the skills to be competent in the second welfare context, in order to avoid antidiscrimination litigation.
Expected learning outcomes
The aim of the course is to give a deep knowledge of the immigration european and national law. Through a general analysis of the subject, it will be easy for the student to approach future changes in the law system.
Pre-requirements
A basic knowledge about the public speech on immigration policies is enough, in order to make the comprehension of the legal tools easier in connection with the european strategy for the social inclusion of minorities.
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 SIPROIMI 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.
Referral texts
Anna Tuckett, Rules, Paper, Status: Migrants and Precarious Bureaucracy in Contemporary Italy, Stanford University Press, 2018

Marco Borraccetti (curator), Labour Migration in Europe Volume II: Exploitation and Legal Protection of Migrant Workers, Springer International Publishing, 2018
Assessment methods
Discussion of case studies
Teaching methods
Based on a systematic and complete description of the subject, the learning method goes trough the discussion of concrete legal cases.

Legal clinic: students will form groups that will study cases, advocacy strategies, to be discussed in conferences, workshop of lawyers and social workers.
Teaching language
Italian
Type of exam
oral
2030 Agenda for Sustainable Development Goals

This subject deals with topics related to the macro-area "Poverty and inequalities" and contributes to the achievement of one or more goals of U. N. Agenda for Sustainable Development

Definitive programme.
Last update of the programme
21/01/2020