CITIZENS' RIGHTS AND MIGRANTS' RIGHTS IN EU
Italian (possible support in English language)
Acquisition by the students of knowledge related to:
- the substantial guarantees for European citizens and third-country nationals; - the guarantees of status and family relations in favor of European citizens and third-country nationals; - the procedural guarantees and safeguards for European citizens and third-country nationals; - the role of fundamental rights for European citizens and for migrants; - the common immigration policy.
The final goal of the course is to give students professional skills enabling them to work effectively in the Public Authorities in charge with ensuring the protection of citizenship and migrant rights and the organization of first-aid services for migrants.
Expected learning results, in accord with the Dublin descriptors and with the Strategic and programming documents of Course, legal area of learning:
Knowledge and Understanding
1)deep knowledge of EU citizenship rights and migrant rights; b) research methodologies of the laws and jurisprudence relating to citizenship rights and the rights of migrants; c) the ability to exercise EU law and case law on citizenship and migrants rights.
Applying Knowledge and Understanding
2) the ability to interpret EU law and jurisprudence on citizenship rights and migrant rights. The student will also develop the ability to understand the effects of such legislation on the national court system, the family relationship system and the procedural system. The profiles in question will help to provide professional tools for students who intend to hold direction and coordination positions in the Public Authorities in charge with ensuring the protection of citizenship and migrant rights and the organization of first-aid services for migrants
3) the ability to research acts, jurisprudence and doctrine in order to critically analyze the European legislation on citizenship rights and migrants' rights. The student will also acquire the ability to critically evaluate the effectiveness of the systems of protection of citizenship rights and migrant rights, as well as the systems of first reception of migrants.
4) the ability to discuss in a critical and thorough manner the issues concerning the European legislation on citizens rights and migrants' rights, to communicate with specialist interlocutors and professional figures on complex issues related to the defense of citizenship and rights of migrants and issues related to the first reception of migrants. The communicative abilities in question will be stimulated by presenting individual or group case studies;
Lifelong Learning skills
5) Critical learning and assessment skills related to issues related to citizenship rights and migrant rights, which will be verified by alternating frontal lessons with discussion of individual and group case studies where students will be asked to analyze legislation and EU jurisprudence, identifying its effects in terms of defending the rights and effectiveness of first aid interventions.
To understand the lessons and to achieve the learning objectives, students should obtain knowledge and skills related to the EU institutional, source, jurisdictional system
Citizens’ Rights (36 h):
- Citizenship: Interface of Integration and Constitutionalism;
- Brexit and European Citizenship;
- Zambrano judgement and its further applications;
- Proposal of citizenship reform
2020 Pact on Migration and Asylum (12 h):
- From the Migration Crisis to
the New Pact on Migration
and Asylumrom the Migration Crisis to
the New Pact on Migration
- The European Union's New
Pact on Migration and Asylum and the
fragmentation of “asylum seeker” status;
Frontal lesson will be alternated with lessons based on the method of “flipped learning”: students will be asked to study autonomously the theorical part, while in the classroom case-law will be analyzed, with exercise consisting in searching souces, previous and further concordant/discordant case-law
Test for exercise will be available on the elearning platform.
Deepening materials and case-law will be available on the teams platform
Following texts available on line:
M. Mouzourakis, More laws, less law: The European Union's New Pact on Migration and Asylum and the fragmentation of “asylum seeker” status, 7 January 2021;
J. Shaw, Citizenship: Contrasting Dynamics at the Interface of Integration and Constitutionalism, RSCAS 2020/33 Robert Schuman Centre for Advanced Studies;
L. H. Abdou, From the Migration Crisis to the New Pact on Migration and Asylum. The Status Quo Problem, BRIDGE Network – Working Paper 11 February, 2021;
D. Ferri, G. Martinico, Revisiting the Ruiz Zambrano Doctrine and Exploring the Potential for its Extensive Application European Public Law, 2021;
I. Forcada Barona, Brexit and European Citizenship: Welcome Back to International Law, in the Spanish Yearbook of International Law, 2020;
M. van den Brink, Revising Citizenship within the European Union: Is a Genuine Link Requirement the Way Forward?, RSCAS 2020/76, Robert Schuman Centre for Advanced Studies
The learning verification will consist in an oral exam where the student, to obtain the minimum score, should demonstrate, answering to several questions, the acquisition of basic knowledge and skills about citizens’ and migrants’ rights
The student will be asked to analyze legal acts and case – law and to demonstrate the following skills:
2. Applying Knowledge and Understanding
a) skills to understand the EU law and case-law related to citizenship and immigration;
To obtain the maximum score, brief case – law and concrete situations and the student will demonstrate:
3) Making judgments
- skills to make a critical analysis of the case-law concerning citizenship and immigration and to reconstruct the judicial evolution concerning a specific problem;
- problem solving skill, proposing solution hypothesis to the submitted problem;
skills to discuss in a critical and thorough manner the problems related to the EU citizenship and immigration problems;
At the end, the student will be asked to face a subject of particular interest to verify:
5) Lifelong Learning skills
Ability to autonomously learn about specialistic issues.
During the course, it will be scheduled a intermediate test without evaluation