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. The course will be taught in English.

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:

1. Institutional Framework of EU Migration and Asylum
2. Refugee Protection
3. Complementary Protection Regimes
4. Access to Asylum
5. Reception of Asylum Seekers
6. Gender and Refugee Law
7. Irregular Migration and Border Management
8. Artificial Intelligence, Databases and Digital Borders
9. Climate Change-Induced Migration
10. External Dimension of EU Migration and Asylum Law and Policy

 

Readings/Bibliography

1. Institutional Framework of EU Migration and Asylum
Legislation: 1951 Refugee Convention and 1967 Protocol; Art. 78 TFEU and Arts. 18–19 Charter; overview of the Pact (the nine 2024 instruments, applicable 12 June 2026).
Case law: Joined Cases C-715/17, C-718/17, C-719/17 Commission v. Poland, Hungary and Czech Republic.
Reading: Tsourdi & De Bruycker, "The Evolving EU Asylum and Migration Law," Ch. 1, Research Handbook (Elgar 2022), updated by the Odysseus Network's open-access post-Pact special collection.

2. Refugee Protection
Legislation: Qualification Regulation (EU) 2024/1347; Case law: C-621/21 WS (gender-based violence as a particular social group).
Reading: Boldizsár, "Qualifying for International Protection in the EU," Ch. 7, Research Handbook (Elgar 2022) — read against the new Regulation.

3. Complementary Protection Regimes
Legislation: Qualification Regulation (EU) 2024/1347, Art. 15 (subsidiary protection); Temporary Protection Directive 2001/55/EC with Council Implementing Decision (EU) 2022/382 (Ukraine).
Case law: C-542/13 M'Bodj.
Reading: McAdam, Complementary Protection in International Refugee Law (OUP 2007),

4. Access to Asylum
Legislation: AMMR (EU) 2024/1351 (responsibility and the new solidarity mechanism, replacing Dublin III); APR (EU) 2024/1348 (common procedure, safe-country concepts, border procedure); Screening Regulation (EU) 2024/1356.
Case law: ECtHR M.S.S. v. Belgium and Greece; CJEU (GC) Alace and Canpelli, C-758/24 and C-759/24 (1 Aug. 2025).
Reading: Vasiliki Apatzidou "Bordering Asylum: Examining the EU's Border Procedures under the APR," IJRL 37(2) (2025).

5. Reception of Asylum Seekers
Legislation: recast Reception Conditions Directive (EU) 2024/1346.
Case law: ECtHR Tarakhel v. Switzerland.
Reading: Slingenberg, The Reception of Asylum Seekers under International Law (Research Handbook (Elgar 2022)

6. Gender and Refugee Law
Legislation: Qualification Regulation (EU) 2024/1347 provisions on gender-related persecution and particular social group.
Case law: C-646/21 K, L (11 June 2024); C-621/21 WS (cross-reference).
Reading: Anderson & Foster, "A Feminist Appraisal of International Refugee Law," Ch. 3, Oxford Handbook of International Refugee Law (OUP 2021).

7. Irregular Migration and Border Management
Legislation: Return Directive 2008/115/EC (in force) and the proposed Return Regulation, COM(2025) 101; Return Border Procedure Regulation (EU) 2024/1349; Frontex Regulation (EU) 2019/1896.
Case law: C-61/11 PPU El Dridi; ECtHR M.K. and Others v. Poland.
Reading: Moraru, "EU Return Directive: A Cause for Shame or an Unexpectedly Protective Framework?," Ch. 20, Research Handbook (Elgar 2022).

8. Artificial Intelligence, Databases and Digital Borders (new)
Legislation: AI Act, Regulation (EU) 2024/1689 (Art. 6 and Annex III(7) classifying migration, asylum and border systems as high-risk); Eurodac recast (EU) 2024/1358; Interoperability Regulations (EU) 2019/817 and 2019/818 (with EES Reg. 2017/2226 and ETIAS Reg. 2018/1240 as the screening-relevant systems).
Case law: CJEU (GC) Ligue des droits humains, C-817/19 (21 June 2022) on automated processing and profiling — used as a proxy, since migration-specific AI litigation is still nascent.
Reading: Vavoula, " Algorithmic Accountability Through the “Human over the Loop” in Interoperable and EU AI-Reliant Large-Scale IT Systems for Migration and Security," European Papers (2024, open access); Ozkul, "Automating Immigration and Asylum" (AFAR Report, 2023, open access) for an accessible overview.

9. Climate Change-Induced Migration
Policy: IDMC, Global Report on Internal Displacement (2025).
Case law: HRC, Teitiota v. New Zealand (2019).
Reading: McAdam, "Displacement in the Context of Climate Change and Disasters," Ch. 46, Oxford Handbook (OUP 2021).

10. External Dimension of EU Migration and Asylum Law and Policy
Legislation: Arts. 78(2)(g), 79(3) and 216–218 TFEU; Resettlement Framework Regulation (EU) 2024/1350; EU–Tunisia Memorandum of Understanding.
Case law: Joined Cases C-208/17 P to C-210/17 P NF, NM v. European Council; cross-reference Alace and Canpelli on externalisation.
Reading: García Andrade, "The External Dimension of the EU Migration Policy," Ch. 17, Research Handbook (Elgar 2022).

 

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.

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.

Assessment methods

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

Written Exam

• Task: A written exam assessing students' understanding of key concepts, case law, legislation, and policy covered in the course.
• Duration: 90 minutes examination.
• Weight: 70% of the final grade

The questions posed by the examining commission will regard the syllabus for the 10 themes covered by the seminar. The assessment will take into account students' 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 course, limited reasoning ability, some difficulties in using field specific terminology - 18-21/30;
• fairly good knowledge of the course, adequate reasoning ability, sound use of specific terminology - 22-25/30;
• comprehensive knowledge of the course, notable reasoning ability, good command of specific terminology - 26-29/30;
• extensive knowledge of the course, including of the optional reading, very good reasoning ability, and full master of the specific terminology - 30 - 30L/30.

Teaching tools

power point presentation, syllabus, e-learning will all be made available through the online platform Virtuale 

Office hours

See the website of Madalina Bianca Moraru