74807 - Eu and Global Migrations

Learning outcomes

The course aims to provide students with a general understanding of the evolution of EU migration law by promoting their critical understanding and proactive learning". 

To achieve this goal appropriate learning methods will be followed in order to stimulate the students' participation. 

By the end of the course students are be expected to: 

 1. Comprehend the different elements and areas that characterize the EU migration law;

 2. Perform a critical analysis of the discipline treated, with reference to both legislative documents and case-law; 

3. Use methods of research and analytical skills, allowing them to develop research questions and hypotheses on the discipline treated 

Course contents

Overall objective of the course is to analyze the EU legal framework on migration and mobility. Further to an introduction on the evolution of the EU migration policy and the different aspect thereof, particular attention will be paid to the entry of Third-Country Nationals in the EU and their movement, including for reasons of job seeking. 

Part of the course will focus on irregular migration and the relation among EU action and respect of fundamental rights.

The course will also examine the case-law of the Court of  Justice of the European Union (EUCJ) and the role of the political Institutions.

The course consists  in five parts:

1.General Introduction to the EU Mobility and Migration policy

Mobility and migration in the Treaties and in the EU Charter of fundamental rights; the history of the EU mobility and migration policies; the legal framework; international agreements in the migration field.

2.The free movement of persons in the EU: focus on EU citizens

The free movement of the EU citizens; who is a EU citizen? ; movement and mobility (students; workers; business).

3. The entrance and the free movement in the EU of Third-country Nationals

The control of the external borders and the EU visa policy; treatment of migrants and return policies: the legal framework; the ‘return' directive;  the ‘sanctions' directive; the access to labour market; exploitation of irregular migrants; entry and movement  of Third-country Nationals in the EU: The Schengen Area.

4. Migration, fundamental rights and human rights.

The EU migration policy and the respect of the fundamental rights and  human rights. Trafficking on human beings. Relation between EU and ECHR systems. The (Common) European Asylum System

5. From migration to mobility; from mobility to integration. 

New trends on the EU migration policy. Partnerships for mobility. 

New trends on the EU migration policy. Partnerships for mobility. 

Readings/Bibliography

Bibliography

EU Documents given during the course; readings given during the course.

García Andrade; Di Pascale; Sarraj.

L'importance des relations bilatérales entre États membres et pays tiers en matière d'immigration : une analyse de l'action extérieure de l'Espagne, la France et l'Italie

External dimensions of European migration and asylum law and policy = Dimensions externes du droit et de la politque d'immigration et d'asile de l'UE. 2011, p. 251-339

Peers

Immigration, asylum and the European Union Charter of Fundamental Rights

The first decade of EU migration and asylum law. 2012, p. 437-468

Moreno Lax

The external dimension of the common European asylum system after Stockholm : in need of a comprehensive approach to access international protection in the EU

European migration and asylum policies. 2012, p. 99-108

Peers

An EU immigration code : towards a common immigration policy

European journal of migration and law. Vol. 14 (2012), no. 1, p. 33-61

Acosta Arcarazo

The good, the bad and the ugly in EU migration law : is the European Parliament becoming bad and ugly? : (the adoption of Directive 2008/115, the Returns Directive)

The first decade of EU migration and asylum law. 2012, p. 179-205

Peers

International law : human rights law, and EU asylum and migration policy

External dimensions of European migration and asylum law and policy = Dimensions externes du droit et de la politque d'immigration et d'asile de l'UE. 2011, p. 63-88

Acosta Arcarazo; Geddes

The development, application and implications of an EU rule of law in the area of migration policy

Journal of common market studies. Vol. 51 (2013), no. 2, p. 179-193

Moreno Lax

Life after Lisbon : EU asylum policy as a factor of migration control

EU security and justice law. 2014, p. 146-167

Kostakopoulou; Acosta Arcarazo; Munk.

EU migration law : the opportunities and challenges ahead

EU security and justice law. 2014, p. 129-145

 

Teaching methods

In each course, an interactive discussion in class, will follow a one hour introduction. Discussion documentation will be provided to students. 

Assessment methods

Oral Exam (2/3) and Group Written Paper (1/3) on a subject selected by each student group.

Office hours

See the website of Marco Borraccetti