93401 - Immigration Criminal Procedure

Learning outcomes

The size of the migration flow -documented on a daily basis by newspapers and TV news- hints at a in-depth analysis of the “criminal procedure of immigration”. Specifically, the course will offer students an occasion for an informed, incisive monographic study of those institutions limiting the foreigners’ personal freedom. These very institutions will therefore be probed and tested, in the light of the constitutional and supranational principles pertinent to the matter.

Course contents

The course, which may also be attended by second-year students, aims to provide participants with the opportunity to undertake a critical and in-depth study of the legal measures restricting personal liberty that are designed to facilitate the removal of foreign nationals from the national territory, with a view to assessing the effective protection of the fundamental rights guaranteed to them under constitutional, European and international legal sources.

The course begins by examining the constitutional, European and international safeguards governing deprivation of liberty, with particular emphasis on Article 13 of the Italian Constitution, Article 5 of the European Convention on Human Rights (ECHR), and Articles 6, 47 and 52 of the Charter of Fundamental Rights of the European Union.

Following an overview of the legal framework governing the various forms of expulsion and refusal of entry, the course will analyse the enforcement procedures applicable to removal orders in order to identify the procedural stage at which measures restricting personal liberty may lawfully be imposed for the purpose of enforcing the removal of foreign nationals.

Particular attention will be devoted to the legal regime governing detention in Pre-Removal Detention Centres (Centri di Permanenza per i Rimpatri – CPRs). Through an examination of legislation, domestic and European case law, and recent legislative developments, students will be encouraged to adopt a critical approach to a rapidly evolving area of law.

Building on the analysis of immigration detention for the purpose of removal, the course will then address the main legal issues arising from the other forms of administrative detention provided for under Italian law, namely detention in the context of border procedures and hotspot facilities, as well as the detention of applicants for international protection, in light of the most recent developments in both national and European legislation.

Special attention will be paid to the protection of the fundamental rights of detained persons, including the right to legal defence, the right to interpretation and linguistic assistance, the right to receive effective and comprehensible information concerning their rights, and the judicial safeguards established under both domestic and European Union law.

The course will also examine the principal innovations introduced by Italian Law No. 14 of 2024, ratifying the Italy–Albania Agreement, together with the subsequent legislative measures concerning the facilities established on Albanian territory. It will further consider the evolving European legal framework resulting from the New Pact on Migration and Asylum, as well as the ongoing reform of the EU return system, with particular reference to the proposed Return Regulation, highlighting its potential implications for the Italian system of immigration detention.

Readings/Bibliography

F. Curi, F. Martelloni, A. Sbraccia, E. Valentini, I migranti sui sentieri del diritto. Profili socio-criminologici, giuslavoristici, penali e processualpenalistici, II edizione, Giappichelli 2021, IV part (except for the last chapter of part four).

On line readings.

The course provides for the distribution of additional teaching material (which will be uploaded onto the Virtual Platform) in parallel with the course of the lectures.

The continuous evolution of the discipline makes the study of the subject particularly stimulating; at the same time, it makes attending the lectures highly recommended.

To the students attending the course specific readings will be given

Students not attending the course will contact elena.valentini4@unibo.it to select the biblography

Teaching methods

Lectures

Seminars

Assessment methods

Oral exam.

The course "Criminal procedure of immigration" constitutes the second part of the course "IMMIGRATION: PROFILES OF SUBSTANTIVE AND PROCESSUAL CRIMINAL LAW". The second part is constituted by "The foreigner: author and victim of crimes", carried out by Prof. Francesca Curi.

The final assessment includes an evaluation of both parts of the program. Please refer to what Prof. Curi indicates in her web guide as regards criminal procedure profiles.

The students’ knowledge is assessed through a discussion, to evaluate the actual achievement of the learning outcomes. The exam consists in an interview with the appointed commission on the topics included in the programme.

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.

Teaching tools

F. Curi, F. Martelloni, A. Sbraccia, E. Valentini, I migranti sui sentieri del diritto. Profili socio-criminologici, giuslavoristici, penali e processualpenalistici, II edizione, Giappichelli 2021, IV part (except for the last chapter of part four).

On line readings.

The course provides for the distribution of additional teaching material (which will be uploaded onto the Virtual Platform) in parallel with the course of the lectures.

The continuous evolution of the discipline makes the study of the subject particularly stimulating; at the same time, it makes attending the lectures highly recommended.

Office hours

See the website of Elena Valentini