B9245 - EU MIGRATION LAW

Learning outcomes

This course offers an in-depth examination of the legal framework governing migration within the European Union, with a focus on both internal and external migration policies. Students will explore the EU’s role in managing migration flows, asylum procedures, and the protection of refugees, and EU citizenship rights while critically assessing the interplay between EU law and national migration policies of Member States. The course covers key legal instruments, such as the Common European Asylum System, EU Citizenship Directive, Schengen rules, and regulations on external border control. Contemporary challenges, such as irregular migration, humanitarian crises, and the impact of EU migration policies on third countries, are also addressed. By the end of the course, students will understand the core principles of EU migration law and its practical implementation. They will develop the ability to analyze EU legal acts and judgments, assess national responses to EU migration policies, and critically evaluate the effectiveness of EU strategies in managing migration. Students will also gain insights into the human rights implications of EU migration policies.

Course contents

This course explores the legal framework governing migration within and into the European Union. It addresses key issues such as asylum, legal migration, irregular migration, border management, and the external dimension of EU migration policy. It focuses on both doctrinal law and policy development, with special attention to the role of diplomacy and international relations in shaping migration governance.

The course is structured into lectures and seminars, as detailed in the program below. The aim is to enhance interaction between students and the professor.

Lectures (20 hours): These sessions will introduce students to the core principles of the course.

Seminars (20 hours): These sessions are designed to clarify questions, elaborate on concepts, and encourage discussions on class materials and practical exercises.

Students are required to thoroughly read the assigned materials before each seminar. Active participation in discussions based on the reading materials and the discussion questions provided in the syllabus on Virtuale is highly recommended. Optional readings are available for those interested in gaining a more comprehensive understanding or pursuing further study or research.

Sessions (each session include 1 lecture + 1 seminar):

1. Introduction to EU Migration Law: Origins and Competences
2. Free Movement of Persons and Internal Mobility
3. Legal Migration
4. EU Asylum Framework: Refugee Protection
5. EU Asylum Framework: Complementary Protection
6. EU Asylum Framework: Reception of Asylum Seekers
7. Gender and Refugee Law
8. Climate Changed Induced Migration
9. Irregular Migration and Return Policies
10. External Dimension of EU Migration Law

Flexibility in the course structure may be necessary due to emergency contingencies or student suggestions.

Readings/Bibliography

Session 1: EU Governance of Migration and Asylum (Institutional Framework and Sources)

Legislation and Policy

EU Primary Legislation: Article 78 TFEU; Articles 18, 19 of the EU Charter of Fundamental Rights

EU Secondary Legislation: Familiarize with the instruments forming the CEAS from 2026 (see: EUR-Lex)

Communication from the Commission to the European Parliament, the European Council, and the Council: "Striking a Balance on Migration: An Approach that is Both Fair and Firm," Brussels, 12.3.2024, COM(2024) 126 final

Case Law

Joined Cases C-715/17, C-718/17, and C-719/17 European Commission v. Poland, Hungary, and Czech Republic, ECLI:EU:C:2020:257

Literature

Tsourdi, L., & De Bruycker, P. "The Evolving EU Asylum and Migration Law," Chapter 1 in Research Handbook on EU Migration and Asylum Law (Edward Elgar, 2022)

Session 2: Free Movement of Persons and Internal Mobility

EU primary law

Articles 2, 3, 6, 9, 10 & 11 TEU

EU citizenship: Articles 18-25 TFEU

Workers: Articles 45-48 TFEU

Self-employed: Articles 49-55 TFEU

Article 45 of the Charter of Fundamental Rights of the European Union.

EU secondary law:

Directive 2004/38/EC on EU citizenship

The EU primary law provisions are written with striking economy and for this reason they have given rise to a vast number of cases from the CJEU.

CJEU Caselaw:

• Case C-348/96 Calfa ECLI:EU:C:1999:6
• Case C-415/93 Bosman ECLI:EU:C:1995:463
• C-317/14 Commission v Belgium ECLI:EU:C:2015:63
• C-279/93 Schumacker ECLI:EU:C:1995:31
• C-34/09 Zambrano ECLI:EU:C:2011:124

Literature

R Schutze, European Union Law, Chapter 15 Free Movement of Persons (OUP 2021)

Session 3: Legal Migration

Legislation

1. Directive 2003/86/EC – Family Reunification Directive
2. Directive 2009/50/EC – EU Blue Card Directive (original version)
3. Directive 2011/98/EU – Single Permit Directive
4. Directive 2003/109/EC – Long-Term Residence Directive
5. Directive 2016/801/EU – Students and Researchers Directive

Literature: Thym, Daniel, 'Legal Migration', European Migration Law, Oxford European Union Law Library (OUP 2023)

Session 4: Refugee Protection

Legislation and Policy

Qualification Directive 2011/95 (currently in force)

Refugee Convention

Case Law

C-573/14 Lounani

C-621/21 WS, ECLI:EU:C:2024:47

Literature

Boldizsár, N. "Chapter 7: Qualifying for International Protection in the EU," in Tsourdi, L., & De Bruycker, P. (eds.), Research Handbook on EU Migration and Asylum Law (Edward Elgar, 2022), pp. 168-193

Lister, M. (2013) ‘Who Are Refugees?’, Law and Philosophy, 32: 645–71

Session 5: Complementary Protection Regimes

Legislation and Policy

Directive 2011/95/EU (Qualification Directive), Article 15

Directive 2001/55/EC (Temporary Protection Directive)

Case Law

C-542/13 M'Bodj v. Belgium [2014], ECLI:EU:C:2014:2452

Literature: McAdam, Jane, 'Complementary Protection', in Cathryn Costello, Michelle Foster, and Jane McAdam (eds), The Oxford Handbook of International Refugee Law (OUP 2021)

Session 6: Reception of Asylum Seekers

EU Legislation and Policy

Reception Conditions Directive: Directive 2013/33/EU

Case Law

ECtHR: M.S.S. v. Belgium and Greece, Application No. 30696/09

Literature

Lieneke Slingenberg, Chapter 9: Reception conditions for asylum seekers: inherent duality, in Research Handbook on EU Migration and Asylum Law (Edward Elgar, 2022)

Session 7: Gender and Refugee Law

Case Law

C-646/21 K, L v. Staatssecretaris van Justitie en Veiligheid, ECLI:EU:C:2017:680

Literature

Anderson, A., & Foster, M. "Chapter 3: A Feminist Appraisal of International Refugee Law," in Oxford Handbook of International Refugee Law (OUP, 2021)

Session 8: Climate Change-Induced Migration

Policy

IDMC, Global Report on Internal Displacement, 2024

Case Law

Human Rights Committee, Teitiota v. New Zealand, Communication No. 2728/2016, Views of October 24, 2019

UK Asylum and Immigration Tribunal in RN (Returnees) Zimbabwe, October 2008

Literature

McAdam, J. "Displacement in the Context of Climate Change and Disasters," in Costello, C., Foster, M., & McAdam, J. (eds.), The Oxford Handbook of International Refugee Law (OUP, 2021), Chapter 46

Session 9: Irregular Migration and Border Management

Legislation and Policy

EU Regulation 2019/1896 on the European Border and Coast Guard (Frontex)

Directive 2008/115/EC (Return Directive)

Article 4 Protocol 4 of the European Convention on Human Rights

Case Law

C-61/11 PPU El Dridi [2011], ECLI:EU:C:2011:268

ECtHR, M.K. and Others v. Poland, Application Nos. 40503/17, 42902/17, 43643/17

Literature

Moraru, M. "Chapter 20: EU Return Directive: A Cause for Shame or an Unexpectedly Protective Framework?" in Research Handbook on EU Migration and Asylum Law (Edward Elgar, 2022)

Session 10: External Dimension of EU Migration and Asylum Law and Policy

Legislation and Policy

EU Primary Law: Articles 5 TEU and 216.1 TFEU; Article 77

Memorandum of Understanding on a Strategic and Global Partnership between the European Union and Tunisia

Case Law

Joined Cases C-208/17 P to C-210/17 P NF, NM v. European Council, ECLI:EU:C:2018:705

Literature

Cardwell, P. J., & Dickson, R. (2023). ‘Formal informality’ in EU external migration governance: the case of mobility partnerships. Journal of Ethnic and Migration Studies, 49(12), 3121–3139. https://doi.org/10.1080/1369183X.2023.2193743

García Andrade, P. "Chapter 17: The External Dimension of the EU Migration Policy: The Legal Framing of Building Partnerships with Third Countries," in Research Handbook on EU Migration and Asylum Law (Edward Elgar, 2022)

Session 10: The Role of European and Domestic Courts in Shaping EU Asylum and Immigration Law

Interactive Session

Students are invited to pick one judgment from the syllabus to comment upon

Supporting Literature

Goldner Lang, I. "Towards 'Judicial Passivism' in EU Migration and Asylum Law?" Forthcoming in Ćapeta, T., Goldner Lang, I., & Perišin, T. (eds.), The Changing European Union: A Critical View on the Role of Law and Courts (Hart Publishing, 2020)

Teaching methods

This course employs a diverse range of teaching methods to ensure comprehensive understanding of EU asylum and migration policy. Frontal Lectures provide foundational knowledge on key topics, including legislation, case law, and policy frameworks. Case Studies offer in-depth analysis of real-world scenarios, illustrating the impact of legal decisions on policy and practice. Potential Guest Speakers, including legal experts and practitioners, share current insights and practical experiences, enriching classroom discussions. Interactive Seminars encourage collaborative learning and debate, allowing students to explore complex issues and develop their analytical skills. These methods combine theoretical knowledge with practical skills, preparing students to effectively analyze and contribute to the field of asylum and migration law.

Assessment methods

Final grade is composed of seminar presentation (30%) and written exam (70%)

Seminar Presentation

• Task: Each student will select a court judgment from the syllabus and present its impact on EU asylum and migration legislation and policy. This will be done during one of the seminars
• Duration: 10-minute presentation followed by a 10-minute Q&A session.
• Weight: 30% of the final grade

Written Exam

• Task: A written exam assessing students' understanding of key concepts, case law, legislation, and policy covered in the course.
• Duration: 60-minute examination.
• Weight: 70% of the final grade

Evaluation Criteria

The assessment will take into account the knowledge of the relevant institutional framework, the ability to analyse doctrinal and jurisprudential opinions and, to single out connections between the relevant topics, to critical reasoning, as well as the clarity of presentation and critical thinking.

By way of example, the following criteria will be used to assess the final mark (that will be out of 30/30):

• sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;
• fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;
• comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

• extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Weight: 70% of the final grade

Teaching tools

Supplementary teaching tools (slides, documents, bibliographical references) for attending students will be made available through the online platform Virtuale .

Students which need compensatory tools for reasons of disability or Specific Learning Disabilities (SLD) should communicate to the teacher their needs so as to be directed to the dedicated person and arrange on the adoption of the most appropriate measures.

Students with DSA or temporary or permanent disabilities:It is recommended to contact the responsible University office in good time ( https://site.unibo.it/studenti-con-disabilita-e-dsa/it ): it will be their responsibility to propose any adaptations to the students concerned, which must however be submitted, with a 15-day notice, to the approval of the teacher, who will evaluate the opportunity also in relation to the educational objectives of the course.

Office hours

See the website of Madalina Bianca Moraru