B014438 - LAW OF NON-CITIZENS

Italian

The course is meant to provide the means to assess the phenomenon of immigration and the difficulties with its legal regulation, and a critical introduction to the ways of this regulation.

M. Ricciardi, S. Mezzadra (a cura di), Movimenti indisciplinati. Migrazioni, migranti e discipline scientifiche, Verona, Ombrecorte, 2012
E. Santoro (a cura di), Diritto come questione sociale, Giappichelli, Torino, 2009: Introduzione “Diritto come questione sociale”(pp. IX-XVI) e il saggio di Santoro (pp. 129-180).
G. Savio (a cura di), Codice dell'immigrazione, Maggioli editore, 2012

Knowledge
The first part of the teaching is meant to provide an overview of Italian literature on migrations in the last twenty years, the rules of the Italian immigration code will be analyzed together with the main problems that they create for the development of a multicultural society. The second part will deal with some specific problem chosen by the attending students (exploitation of labor, trafficking, refugees, etc.).
Abilities
Ability to navigate the current scientific and political debate on immigration policies and refugees. Mastering the main technical-legal problems related to the protection of non-citizens’ rights and anti-discrimination rules.
Ability to analyse the social impact of rules and the management of social problems in a multicultural society.
Ability to grasp the interdisciplinary complexity of the system of rules on migrants’ status.
Expected results
Attitude to understand law not as a mere system of rules but as a social question. Ability to reconstruct the system of rules on migrants’ admission, status and removal and to assess its impact on effective access to rights.

Students must have passed the exams of General Constitutional Law, Private Law I and II. It is recommended to have passed the exams of Philosophy of Law, Criminal Law and Administrative Law

Lectures: 48 hours
During the classes, the teacher will expound the immigration law and its main problems for the development of a multicultural society. Particular attention will be payed to the problems of citizenship, racism, second generations, migrants’ criminality and its consequences in the urban space. In second part of the teaching will focus in particular on some specific problems chosen by the students (i.e. labor exploitation of migrants, trafficking, refugees, etc.)

Intermediate tests
During each lesson, some specific issues will be discussed and in the discussion students’ mastery of the concepts previously treated will be assessed.
The final exam will consist in a discussion of the textbooks’ topics. Attending students can choose to present a paper on one of the topic analyzed. The evaluation will be based on the quality of the written paper, on the oral presentation and on the participation to the discussion of the papers of the other students.

The course will be divided in two parts.
The first part will focus on the nature of law. In no other field of law the difference between law and legislation is clearer than in the law of non-citizens: the law is a complex operation, ceaselessly changing and in which a plurality of actors takes part. This is because of the interdisciplinary nature of the law of non-citizens and the multiple levels of its sources, and of the peculiar issues that it is supposed to regulate: the issues of a multicultural societies in which even the rules of coexistence that we tend to take for granted are problematic for some of its members.
The second part will analyse the legal rules on immigration, highlighting how they are particularly articulated, for they are related to cross-cutting fields of administrative, civil, criminal, labour law. This complex law is not made just of national rules. The EU law and its derivative treaty law are continuously reshaping this field of law, and international law strictly limits states’ autonomy on this matter. As a consequence the sources of law are quite diverse: EU regulations and directives, national legislation, administrative measures. Moreover many actors are involved in different ways. The matter is continuously changing. The analysis of the immigration code will specially focus on the rules about entry in Italy, the kinds of residence permits and the rights they entail, and expulsion.