Insegnamento a.a. 2023-2024

50193 - CITIZENSHIP AND MIGRATION LAW

Department of Law

Course taught in English
Go to class group/s: 31
CLMG (6 credits - I sem. - OP  |  IUS/08) - M (6 credits - I sem. - OP  |  IUS/08) - IM (6 credits - I sem. - OP  |  IUS/08) - MM (6 credits - I sem. - OP  |  IUS/08) - AFC (6 credits - I sem. - OP  |  IUS/08) - CLELI (6 credits - I sem. - OP  |  IUS/08) - ACME (6 credits - I sem. - OP  |  IUS/08) - DES-ESS (6 credits - I sem. - OP  |  IUS/08) - EMIT (6 credits - I sem. - OP  |  IUS/08) - GIO (6 credits - I sem. - OP  |  IUS/08) - DSBA (6 credits - I sem. - OP  |  IUS/08) - PPA (6 credits - I sem. - OP  |  IUS/08) - FIN (6 credits - I sem. - OP  |  IUS/08)
Course Director:
ELISA BERTOLINI

Classes: 31 (I sem.)
Instructors:
Class 31: ELISA BERTOLINI


Suggested background knowledge

It is recommended that students have already taken exams in constitutional and European law.

Mission & Content Summary

MISSION

Mass migration has reached an extraordinary dimension due to both structural factors and contingencies of historical and political nature. The law needs to address such a phenomenon to guarantee the rights of those who leave their countries in search of life opportunities elsewhere. At the same time, the law needs to deal with the consequences of mass migration on the endurance of national political communities. Against this backdrop, the course firstly addresses the theoretical aspects related to the entry of non-citizens into national polities, with implications regarding multiculturalism and xenophobic tensions. Secondly, the course addresses the law on citizenship and migration in practice from the dual perspective of domestic and European law.

CONTENT SUMMARY

The course focuses on comparative citizenship and migration law, starting with the concepts of “citizenship” and “non-citizenship”. It then covers the EU Asylum System. The main topics of the course are:

  • Citizenship and cosmopolitan theories.
  • The rules on citizenship and the status of non-citizens in a comparative perspective. 
  • The general rules on entry and admissions.
  • The right to asylum, political refuge, and subsidiary protection.
  • The rights of unauthorized immigrants.
  • The EU citizenship.
  • The EU Common Asylum System.
  • The interplay between the EU, the ECHR and national systems as far as the protection of foreigners is concerned.

Intended Learning Outcomes (ILO)

KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...

 

  • Identify and discuss the theoretical foundation of the rights of foreigners.
  • Distinguish migration law from the general theory of human rights in order to frame migration issues within the complexity of ethical, cultural, and legal aspects raised by the mass migration phenomenon.
  • Contextualize rules concerning migration within the framework of a multilevel legal order.
  • Understand the foundations of EU citizenship and the free movement of persons.
  • Understand the functioning of the EU Common Asylum System

APPLYING KNOWLEDGE AND UNDERSTANDING

At the end of the course student will be able to...
  • Use (national and European) legal materials to identify the legal status of non-citizens.
  • Solve conflicts of laws concerning the legal status of non-citizens.
  • Identify the instruments for protecting non-citizens’ rights in a multilevel legal order.
  • Assess the most appropriate strategies in their respective fields of activity to address the complexity of the issues raised by non-citizens status.

Teaching methods

  • Face-to-face lectures
  • Guest speaker's talks (in class or in distance)
  • Case studies /Incidents (traditional, online)
  • Group assignments
  • Interactive class activities on campus/online (role playing, business game, simulation, online forum, instant polls)

DETAILS

The learning experience of this course includes, in addition to face-to-face lectures:

  • The discussion case studies progressively articulated to follow the development of the topics.
  • Group assignments are proposed to students to stimulate their ability to build legal arguments.
  • Moreover, students are encouraged to engage in class discussion, bring their personal understanding of the topics, and share their insights on legal arguments.
  • The course also includes guest lectures by practitioners to provide students with an understanding of how norms concerning migrants are concretely applied. 

Assessment methods

  Continuous assessment Partial exams General exam
  • Written individual exam (traditional/online)
     x
  • Group assignment (report, exercise, presentation, project work etc.)
     x
  • Active class participation (virtual, attendance)
 x    

Teaching materials


ATTENDING AND NOT ATTENDING STUDENTS

  • C. Gans, Citizenship and Nationhood, in Oxford Handbook of Citizenship, Oxford UP, last ed., pp. 108-129 
  • Foundations of International Migration Law, Cambridge University Press, last ed., selected chapters as specified in the syllabus.
  • Case-studies discussed in class and uploaded on the Bboard platform.
  • Further materials to be indicated in the syllabus each year.
Last change 22/05/2023 10:41