78125 - Criminal Procedural Law on Immigration

Course Unit Page

SDGs

This teaching activity contributes to the achievement of the Sustainable Development Goals of the UN 2030 Agenda.

Reduced inequalities Climate Action Peace, justice and strong institutions

Academic Year 2021/2022

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 aims at analysing the various measures which may be adopted in order to limit the liberty of migrants and their compiance with fundamental rights. The first part of the course will be dedicated to the examination of constitutional and supranational principles relevant to the field of immigration law. The concepts of “respingimento”, “espulsione”, “trattenimento”, “partenza volontaria”, “accompagnamento alla frontiera” will be analyzed in the light of national and supranational law.

 

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.

 


Readings/Bibliography

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 "PROFILES OF SUBSTANTIVE AND PROCESSUAL CRIMINAL LAW ABOUT IMMIGRATION". The second part is constituted by "The foreigner: author and victim of crimes", carried out by Prof. Davide Bertaccini.

The final assessment includes an evaluation of both parts of the program. Please refer to what Prof. Bertaccini 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

On line readings

Office hours

See the website of Elena Valentini