INTERNATIONAL AND EUROPEAN MIGRATION LAW

This course is part of the master degree programme in Studi Transmediterranei: migrazione, cooperazione e sviluppo (LM80). It aims at providing a basic knowledge of International and European migration law.

1. Knowledge and ability to understand the basics of International and European migration law;
2. Knowledge and ability to solve the main problems related to the migration phenomenon;
3. Ability to understand a normative text and ability to develop an opinion on topics debated during the course;
4. Ability to write reports concerning cases seemingly discussed before International Courts and Tribunals;
5. Ability to find and read the normative sources and case-law, also in the main websites.

A basic knowledge of Public Law, International Law and EU Law would be appropriate.

1. The international community and its legal system (introductory notions).
2. Historical origins of the migratory phenomenon and related international regulation. Recent developments and trends in contemporary migratory phenomenon.
3. Relevant international legal sources: customary rules; conventional regimes; the role of soft law.
4. The institutional architecture of global migration governance. The role of international and national courts.
5. The relationship between the State and the individual: the status of citizen; statelessness;
6. The legal status of the foreigner and international protection.
7. Old and new legal categories: refugees; migrant workers; trafficked and smuggled migrants; environmental migrants.
8. Human mobility in customary and HR law.
9. The legal system of the European Union (basic notions).
10. Human mobility in EU Law (internal dimension).
11. control of external borders and externalization of borders and fight against illegal migration (external dimension).
12. International protection obligations and fundamental human rights.
13. (Legal) economic and social implications in the light of international law.
14. Foreigner and public life.
15. Family migration and legal protection.

A. M. CALAMIA, M. DI FILIPPO, S. MARINAI, F. CASOLARI, M. GESTRI, Lineamenti di diritto internazionale ed europeo delle migrazioni, Cedam, 2021.

In addition, for further information on International Law issues (in Italian; a French version is also available): D. CARREAU, F. MARRELLA, Diritto internazionale, 3rd Ed., Milano Giuffrè, 2021.

The oral exam lasts about twenty minutes. It is aimed at ascertaining the knowledge acquired and the capacity for legal reasoning and connection between the topics addressed, as well as the ability to critically analyze facts (for instance, in relation to news cases). The student will be asked three questions, so as to evaluate the knowledge of the various parts of the program. In order to pass the exam, a sufficient mark in the answer to each of the three questions is required.

Lectures, analysis of texts and reading of judgments. The whole programme will be delivered in class.
Students will be stimulated to debate on the most current issues of International and European migration law through seminars on practical cases.

Italian

oral

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