B5576 - EU MIGRATION AND ASYLUM POLICIES

Learning outcomes

The course gives an overview of the current international and European Union law and policies on asylum and migration, with a specific focus on explaining the interaction between overlapping legal orders (international, European, and national). At the end of the course, students will: 1) demonstrate a comprehensive understanding of the regulatory framework governing international and European asylum and migration policies, including treaties and caselaw; 2) be able to explain the historical, political, and socio-economic factors influencing migration patterns within Europe; 3) critically analyse the ethical, legal, and political implications of current asylum and migration policies in Europe; 4) evaluate the impact of these policies on human rights, societal integration within the European Union and on the EU’s international relations. Overall, students will be able to understand the practical challenges and dilemmas faced by policymakers and legal practitioners in managing asylum and migration within the EU.

Course contents

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. International Migration and International Refugee Law
2. EU Governance of Migration and Asylum (Institutional Framework and Sources)
3. Refugee Protection
4. Complementary Protection Regimes (including Temporary Protection)
5. Access to Asylum and Reception of Asylum Seekers
6. Gender and Refugee Law
7. Irregular Migration and Border Management
8. Climate Change-Induced Migration
9. External Dimension of EU Migration and Asylum Law and Policy
10. The Role of European and Domestic Courts in Shaping EU Asylum and Immigration Law

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

Readings/Bibliography

Session 1: International Migration and International Refugee Law

Legislation

1951 Convention Relating to the Status of Refugees (Refugee Convention) and 1967 Optional Protocol Relating to the Status of Refugees

Case Law

Asylum Case Colombia v. Peru, Judgment of the ICJ of November 20, 1950

Literature

Goodwin-Gill, G., & McAdam, J. The Refugee in International Law (4th ed., 2021, OUP), Chapter 2

Chetail, International Migration Law (OUP, 2019), Chapter I. Introduction, pp. 1-14

Session 2: 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 3: 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

Session 4: 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

Battjes, H. "Chapter 21: Subsidiary Protection and Other Alternative Forms of Protection," in Research Handbook on International Law and Migration (Edward Elgar, 2014)

Session 5: Access to Asylum and Reception of Asylum Seekers

EU Legislation and Policy

Dublin Regulation: Regulation (EU) No 604/2013 (Dublin III Regulation)

Asylum Procedures Directive: Directive 2013/32/EU

Reception Conditions Directive: Directive 2013/33/EU

Case Law

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

Literature

Maiani, F. "Chapter 12: Responsibility Allocation in the Common European Asylum System," in Research Handbook on EU Migration and Asylum Law (Edward Elgar, 2022)

Session 6: 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 7: 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 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: 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

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 oral exam (70%)

Seminar Presentation

• Task: Each student will select a European 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

1. Oral Exam

• Task: An oral exam assessing students' understanding of key concepts, case law, legislation, and policy covered in the course.
• Duration: 20-minute individual examination.
• Weight: 70% of the final grade

Teaching tools

power point presentation, syllabus, e-learning

Office hours

See the website of Madalina Bianca Moraru