EU IMMIGRATION LAW
Academic Year 2024/2025 - Teacher:
GIUSEPPINA PETRALIA
Expected Learning Outcomes
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.Course Structure
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.
Detailed Course Content
1. Fundamentals of
International Law
2. The EU
integration process
3. The relationship
between the Member States and the European Union
4. The powers of
the European Union and the founding principles of EU Law
5. The infringement
proceeding
6. Judicial review
of EU acts
7. The preliminary
ruling proceedings
8. Standard of
Protection of EU Fundamental Rights in the European Union
9. The free
movement of persons in the area of freedom, security and justice
10. The entry and residence of third-country nationals in the European Union
11. Short-term visas
in the European Union: the visa code
12. The status of the third-country
national
13. The common
European asylum system
14. The
international protection: qualification of third-country nationals
15. The Dublin
system
16. The fight
against irregular immigration
17. Trafficking in
human beings
18. The expulsion and the return of the third-country nationals
Textbook Information
1. N. Parisi, V.
Petralia, Elementi di Diritto dell'Unione europea, Le Monnier, 2016. Only
chapters I, II, III, IV, VI (excluding section VI), IX, pp. 3-80; 145-178;
243-290
2. Calamia, Gestri, Di
Filippo, Marinai, Casolari, Lineamenti di diritto internazionale ed europeo
delle migrazioni, Cedam, 2021, pp. 1-14; 37-318; 359-390 (excluding chapters II,
XI, XII)
Please remember that in compliance with art 171
L22.04.1941, n. 633 and its amendments, it is illegal to copy entire books or
journals, only 15% of their content can be copied.
For further information on sanctions and regulations
concerning photocopying please refer to the regulations on copyright (Linee
Guida sulla Gestione dei Diritti d’Autore) provided by AIDRO - Associazione
Italiana per i Diritti di Riproduzione delle opere dell’ingegno (the Italian
Association on Copyright).
All
the books listed in the programs can be consulted in the Library.
