70067 - EU Immigration Law

Course contents

Module Jean Monnet "The EU Immigration Law"

The course concerns the Law of the EU on immigration; particular attention will be paid to the rules governing the entry into the European Union and the free movement of non-EU citizens within the EU territory, underscoring the differences that may exist between Member States that are part of the Schengen Area and those that are not. The course will also cover the rules on the free movement of EU citizens and, therefore, as inherent to it, on the citizenship of the Union.
An introductory part will cover the historical evolution of the EU policy on immigration; it will also analyze different aspects that are influencing the migratory phenomenon in a global perspective.

During the lessons it will be taken into consideration the various documents produced by the Commission, the Council and the European Parliament, as well as the case-law of the Court of Justice.

The course will be divided into six parts.

Section I: General Introduction to the EU Policy on Immigration
Relevant disposition of the EU Treaties and of the Charter of Fundamental Rights; the history of the EU Immigration Policy; the legal framework; the international agreements in the field of immigration.

Section II: The Free Movement of EU Citizens
The free movement of EU citizens; who is a citizen?; transitories dispositions for the new Member States.

Section III: The Institutional Framework of the European Immigration Policy
The roles of the Commission, Council and European Parliament in the field of immigration: the legal basis of their actions. The role of the Court of Justice in the interpretation and in the development of the EU Immigration Law

Section IV: How to enter the EU and how to freely move on its territory?
The Control of external borders and the European Visa Policy; reception policies vs refusal of entry policies. The return directive. The legal framework on immigrant's reception; the question of the exploitation of irregular immigrants; the access to employment; the freedom of movement for non-EU citizens.

Section V: The Enlargement of the EU and the European Immigration Policy
Immigration Policy and candidate countries; how to use immigration rules to put candidate countries under pressure; the conditionality clause.

Section VI: The Implications of Human Rights for Immigration
The immigration policy and the respect of fundamental and human rights. The Member States responsibility; the immigration and the conditionality clause.

Readings/Bibliography

Cellamare, Lezioni su la disciplina dell'immigrazione irregolare nell'Unione europea, Giappichelli, ult. ed.;

Adinolfi, La libertà di circolazione delle persone e la politice dall'immigrazione, in Strozzi (a cura di), Diritto dell'Unione europea - parte speciale, Giappichelli, ul. ed.

Calamia, Di Filippo, Gestri ( a cura di), Immigrazione, Diritto e Diritti: profili internazionalistici ed europei, CEDAM, 2012; parte terza. "Soggiorno e Status", da p. 279 a p. 406.

Teaching methods

The course is based on frontal lectures; it will be highly interactive and time will be divided to debates following the specific topics dealth with in class.

Assessment methods

Evaluation is based on one written exam (for attenders only) which will take place during the course and on an oral exam at the end of the latter.
The programme will be the same for attenders and non attenders

Teaching tools

Power point, Audiovisual instruments.

Office hours

See the website of Marco Borraccetti