The course aims to analyze the legal aspects of the migratory phenomenon in the international law and, in the European region, in the European Union and within the Council of Europe, with specific reference to the rules relating to international protection of the foreigner; the entry, the residence and the mobility of non-EU nationals in the territory of the European Union for reasons other than asylum; the fight against irregular immigration and the forced return of Third Countries nationals in an irregular situation.
The contents of the course relating to three areas of investigation.
The first area of investigation concerns the legal framework for refugee international protection, with specific reference to the principle of non-refoulement under international law; within the Council of Europe and under European Union law.
The second area of investigation concerns the analysis of the legal framework for the legal immigration of third-country nationals and their conditions of residence and mobility.
The third area of analysis concerns the EU policies on the management of the external borders; for the fight against irregular immigration and return of foreigners in irregular situation, also in the light of the readmission agreements stipulated with the Countries of origin of the migratory flows.
The aforementioned contents will analized in the light of the multilevel legal framework for the migratory phenomenon (international, European and national levels).
The course aims to impart to the skills to understand the complexity of migration phenomena; the policies implemented by the States and the European Union; the role of international courts in defining the status of the foreigner; the de iure condendo perspectives of the phenomenon.
The study of the contents will be joined by a continuous analysis of current European issues and of the case-law.
Frontal lessons, exam of materials in the classroom to illustrate the contents of the course with a case-by-case method; classroom exercises of analysis and reconstruction of case-laws
1. The entry and residence of third-country nationals in the European Union
2. The family reunification of third-country nationals
3. The status of the third-country national
4. The long-term residents
5. The international protection of refugee
6. The common European asylum system
7. The Dublin system
8. The fight against irregular immigration
9. Trafficking in human beings
10. The expulsion and the return of the third-country nationals
1. G. Carella e altri, L’immigrazione e la mobilità delle persone nel diritto dell’Unione europea, Monduzzi editore, 2012
2. G. Pizzolante, Diritto di asilo e nuove esigenze di protezione internazionale nell’Unione europea, Cacucci editore, 2012