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Code
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118534 |
Language
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ITA |
Type of certificate
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Profit certificate
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Module:
(objectives)
The first part of the course aims to illustrate and analyze the EU’s border management policy. The main goal is to provide students with an overview, at the European level, of the most important legal instruments and the relevant international case-law on the definition and the evolution of the legal status of migrants.
In particular, Module I will focus on the following topics: - The rights of third-country nationals in the “European legal space”. The relationship between the European legal order and the European Convention on Human Rights. Overview, the Bosphorus doctrine (app. 45036/98) and the Opinion 2/13 (ECLI:EU:C:2014:2454) - The role of the non-refoulement principle in the protection of migrants. The case-law of the Court of Justice of the European Union, starting from the Soering case (ref. 14038/88) - Jurisdiction and protection of migrants at sea: the Hirsi et al. v. Italy Case (app. 27765/09) - Deterrence Strategies: From push backs to pull backs. From Hirsi to S.S. c. Italia (app. 21600/18) - The Collective Expulsion of Aliens: from Conka v. Belgium (app. 51564/99) to Khlaifia (16483/12) - … and from N.T. & N.D. v. Spain (app. 8675/15 and app. 8697/15) to Asady e al. c. Slovakia (app. 24917/15) - The question of humanitarian visas in the dialogue between judges. The position of the Luxembourg Court: X e X v. Belgium (C-638/16, PPU) - …and the position of the Strasbourg Court: M.N. e al. v. Belgium (app. 3599/18)
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Language
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ITA |
Type of certificate
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Profit certificate
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Credits
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3
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Scientific Disciplinary Sector Code
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IUS/13
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Contact Hours
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18
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Type of Activity
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Affini e ambito di sede classe LMG/01
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Teacher
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BUFALINI Alessandro
(syllabus)
The second part of the course aims at reflect on the historical evolution of the treatment of aliens in international, European and Italian law. This module attempts to provide a legal-historical overview of the creation and content of some fundamental rules on the status of foreigners in the modern states.
In particular, Module I will focus on the following topics:
1. International Migration Law: origins, sources, evolution 2. The treatment of aliens in international law 3. The 1951 Geneva Convention and the notion of refugee 4. The European Convention on Human Rights and the positions of aliens 5. The evolution of the right to asylum in Europe and the principle of non-refoulement 6. Legal pathways to Europe and the distinction between refugees and economic migrants 7. The protection of aliens in the Italian Constitution 8. The protection of aliens before the Italian Constitutional Court 9. Citizens and aliens in a globalized world
(reference books)
G. Caggiano, Scritti sul diritto europeo dell'immigrazione, Giappichelli, 2020, terza ed.
Erasmus students are required to send an e-mail to alessandro.bufalini@unitus.it in order to receive the articles (in English) that they have to study for the oral exam
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Dates of beginning and end of teaching activities
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From 27/09/2021 to 17/12/2021 |
Delivery mode
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Traditional
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Attendance
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not mandatory
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Evaluation methods
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Oral exam
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Module:
(objectives)
The second part of the course aims to illustrate and analyze the legal status of third-country nationals in the EU legal order. The main goal is to provide students with an overview of substantive and procedural rights of migrants and asylum seekers in Europe and to highlight critical aspects of the overall structure of European immigration and asylum law and policies.
In particular, Module II will focus on the following topics:
- The rights of migrants and the rights of European citizens. The Rottmann Case (C-135/08). The rights of minor EU Member States nationals with foreign parents. Cases: Zambrano (C-34/09); Dereci (C-256/11); Chavez-Vilchez (C-133/15); Rendón Marin (C-165/14); K.A. and others (C-86/16). - The integration of third-country nationals. Cases: Parliament v. Council (C-540/03); Chakroun (C-578/08); Commission v. The Netherlands (C-508/10); Singh (C 502/10); Kamberaj (C-571/10); Naime Dogan (C-138/13); P and S (C-579/13); K and A (C-153/14). - The return of irregular migrants. Cases: El Dridi (C-61/11, PPU); Achughbabian (C-329/11), Sagor (C-430/11); Osmani (C-297/12); Celaj (C-290/14). - The detention in transit zones in the dialogue between the two Courts. ECtHR, Ilias and Ahmed v. Hungary (app. no. 47287/15); CJEU, FMS and others (C-924 e 925/19 PPU). - The international protection from the Geneva Convention to the EU Charter of Fundamental Rights. From Qurbani (C‑481/13) to M. and X.X. (C-391/16, 77 e 78/17). - Cooperation under the Dublin Regulation. The case-law of the European Court of Human Rights: M.S.S. v. Belgium and Greece (app. 30696/09); Sharifi v. Italy and Greece (app. 16643/09); Tarakhel v. Switzerland (app. 29217/12); AME v. The Netherlands (app. 51428/10). - …and the case-law of the EU Court of Justice : N.S. (C-411 e 493/10); Abdullahi (C‑394/12); C.K. (C-578/16 PPU). - Cooperation between Member States in relocating asylum seekers and the principle of mutual trust. Cases: Slovak Republic and Hungary v. Council (C-643 e 647/15); Commission v. Poland, Hungary and Czech Republic (C-715, 718, 719/17).
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Language
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ITA |
Type of certificate
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Profit certificate
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Credits
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3
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Scientific Disciplinary Sector Code
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IUS/14
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Contact Hours
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18
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Type of Activity
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Affini e ambito di sede classe LMG/01
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Teacher
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VITIELLO DANIELA
(syllabus)
The second part of the course aims to illustrate and analyse the treatment of third country nationals (in irregular situation or asylum seekers) in the Area of Freedom, Security and Justice and at its external borders. The main goal is to provide students with an overview of substantive and procedural rights of migrants and asylum seekers in Europe and to highlight critical aspects of the overall structure of European immigration and asylum law and policies.
In particular, Module II will focus on the following topics:
1. The Area of Freedom, Security and Justice (AFSJ) 2. The crisis of Schengen system and of the Common European Asylum System (CEAS) 3. The jurisprudential dialogue on Dublin Regulation 4. The rights at the borders: external borders and visa in European caselaw 5. Frontex Agency and the integrated border management of EU external borders 6. The management of external borders through informal agreements with third countries: from the EU-Turkey declaration to the Partnership Framework 7. Border procedures in the new Pact on immigration and asylum and in the practice of States on the Balkan route 8. Transit zones in European jurisprudence 9. Externalisation of responsibility in patrolling maritime borders and search and rescue obligations
(reference books)
A. Liguori, Migration Law and the Externalization of Border Controls: European State Responsibility, Routledge, 2019.
F. Cherubini, Asylum Law in the European Union, Routledge, 2015.
Loïc Azoulai, Karin de Vries (eds.), EU Migration Law: Legal Complexities and Political Rationales, OUP, 2014.
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Dates of beginning and end of teaching activities
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From 27/09/2021 to 17/12/2021 |
Delivery mode
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Traditional
At a distance
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Attendance
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not mandatory
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