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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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2
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Scientific Disciplinary Sector Code
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IUS/13
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Contact Hours
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12
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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 course aims to illustrate and analyze the European Union's immigration and asylum policies. Particular attention will be paid to the functioning of the Common European Asylum System and to international protection standards.
- Rights of EU citizens - Rights of third-country nationals in the EU - The position of aliens in relation to the European Convention on Human Rights - The externalization of border controls - The evolution of the right to asylum and the principle of non-refoulement - The Dublin system: problems and prospects for reform - The administrative detention of migrants - Legal entry channels to EU - The dialogue between the Court of Justice of the European Union and the European Court of Human Rights on asylum and migration
(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. - L, Azoulai, K. 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 28/09/2020 to 18/12/2020 |
Attendance
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not mandatory
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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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4
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Scientific Disciplinary Sector Code
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IUS/14
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Contact Hours
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24
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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 course aims to illustrate and analyze the European Union's immigration and asylum policies. Particular attention will be paid to the functioning of the Common European Asylum System and to international protection standards.
- Rights of EU citizens - Rights of third-country nationals in the EU - The position of aliens in relation to the European Convention on Human Rights - The externalization of border controls - The evolution of the right to asylum and the principle of non-refoulement - The Dublin system: problems and prospects for reform - The administrative detention of migrants - Legal entry channels to EU - The dialogue between the Court of Justice of the European Union and the European Court of Human Rights on asylum and migration
(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 28/09/2020 to 18/12/2020 |
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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Teacher
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BUFALINI Alessandro
(syllabus)
The course aims to illustrate and analyze the European Union's immigration and asylum policies. Particular attention will be paid to the functioning of the Common European Asylum System and to international protection standards.
- Rights of EU citizens - Rights of third-country nationals in the EU - The position of aliens in relation to the European Convention on Human Rights - The externalization of border controls - The evolution of the right to asylum and the principle of non-refoulement - The Dublin system: problems and prospects for reform - The administrative detention of migrants - Legal entry channels to EU - The dialogue between the Court of Justice of the European Union and the European Court of Human Rights on asylum and migration
(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. - L, Azoulai, K. 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 28/09/2020 to 18/12/2020 |
Attendance
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not mandatory
|
|
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