Degree Course: LAW Syllabus for A.Y. 2020/2021  

Knowledge and Understanding: analysis of the functioning of the main institutions.
Applied Knowledge and Understanding: examination of judicial cases and the ability to apply acquired knowledge to real-world scenarios.
Independent Judgment: ability to formulate critical thoughts on study materials and independently reflect on the issues discussed in class.
Communication Skills: ability to communicate clearly and effectively using appropriate technical language.
Learning Skills: enhancing the ability to apply the knowledge and methods learned during the course to new cases or areas of study.

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)

Knowledge and Understanding: analysis of the functioning of the main institutions.
Applied Knowledge and Understanding: examination of judicial cases and the ability to apply acquired knowledge to real-world scenarios.
Independent Judgment: ability to formulate critical thoughts on study materials and independently reflect on the issues discussed in class.
Communication Skills: ability to communicate clearly and effectively using appropriate technical language.
Learning Skills: enhancing the ability to apply the knowledge and methods learned during the course to new cases or areas of study.

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).

Knowledge and understanding

Knowledge of the main legal institutions invested by the use and dissemination of information and communication techniques, with particular reference to platforms exploiting the Internet.


Applying knowledge and understanding

Ability to research relevant normative, bibliographical and jurisprudential material and use them for the purpose of setting legal problems.
Ability to address the main issues arising in a multilevel context in the face of the mass use of information and communication techniques, including with reference to issues of an international and transnational nature.


Making judgements

Attention to the reading of positive law and its evolution, with attention to the various phenomena affecting it.
Ability to move independently in a context that necessarily invests a plurality of regulatory actors and levels of government.


Communication skills

Ability to write analytical papers and reports on topics related to the course, demonstrating a clear understanding of legal provisions, their mutual interactions, and their relationship to issues emerging from other fields, first and foremost computer and data science.
Ability to present complex arguments on course topics clearly and effectively, both in academic and professional contexts, including participating in discussions and debates and defending their positions with solid legal arguments, responding pertinently to objections and questions posed.


Learning skills

Awaken students' interest in the subject matter by urging their engagement and attention in the study of both general topics and specific issues.
Highlight points of contact between disciplines-legal and otherwise-apparently distant but actually closely intertwined.

Knowledge and understanding

Knowledge of the main legal institutions invested by the use and dissemination of information and communication techniques, with particular reference to platforms exploiting the Internet.


Applying knowledge and understanding

Ability to research relevant normative, bibliographical and jurisprudential material and use them for the purpose of setting legal problems.
Ability to address the main issues arising in a multilevel context in the face of the mass use of information and communication techniques, including with reference to issues of an international and transnational nature.


Making judgements

Attention to the reading of positive law and its evolution, with attention to the various phenomena affecting it.
Ability to move independently in a context that necessarily invests a plurality of regulatory actors and levels of government.


Communication skills

Ability to write analytical papers and reports on topics related to the course, demonstrating a clear understanding of legal provisions, their mutual interactions, and their relationship to issues emerging from other fields, first and foremost computer and data science.
Ability to present complex arguments on course topics clearly and effectively, both in academic and professional contexts, including participating in discussions and debates and defending their positions with solid legal arguments, responding pertinently to objections and questions posed.


Learning skills

Awaken students' interest in the subject matter by urging their engagement and attention in the study of both general topics and specific issues.
Highlight points of contact between disciplines-legal and otherwise-apparently distant but actually closely intertwined.