B026422 - EUROPEAN MIGRATION LAW

Italian

Movement of persons in EU law - Origins of migration policy - entry and controls at external borders - entry visas for work and family reunification purposes - treatment of third-country nationals.
Asylum policy - forms of international protection - the State responsible for examining the application for protection - procedures for examining applications - implementation of the Common European Asylum System in Italian law.

Attending students will be able to prepare themselves on the personal notes and on the material lodged on the Moodle platform.
Non-attending students: A. Adinolfi, C. Morviducci, Elementi di diritto dell'Unione europea, 2023, the following three chapters: chapter 11, La cittadinanza dell'Unione, chapter 13, La politica di immigrazione; chapter 14, La politica in materia di asilo.

The course aims to provide students with knowledge relating to the European immigration and asylum policy of the European Union, also verifying the impact that EU law produces in the Italian legal system. This tends primarily to improve professional skills due to the demand for lawyers, public officials, private sector and non-profit experts with adequate knowledge of immigration issues. Furthermore, the study of the topics of the course allows students to resume the theoretical knowledge acquired in the basic teaching of EU Law and to deepen it in relation to a particular theme by examining concrete cases. The course also purports to strengthen the student's ability to define the relationships between Union rules and national rules by acquiring the ability to correlate the different sources, also from the perspective of judicial protection.

Students must have already passed the European Union Law exam.

The course is carried out through some lectures (also held by external teachers, judges, lawyers, UNHCR officials, staff of non-governmental organizations) on the most important aspects concerning the Union's migration policy, and through seminars with the active participation of students. An 8 hours workshop will be held by an immigration lawyer who will examine and discuss the cases with students, including through participation in a hearing at the immigration, international protection and free movement of citizens of the European Union section of the Court of Florence.

Students who intend to attend the course are invited to register through the Moodle platform within the week before the start of the lessons.

Learning is verified through active participation in the seminar and a written assignment with some open questions held by the end of the lessons.For non-attending students with an interview or a written assignment with open questions.

The movement of persons under EU law: the different status of Union citizens and citizens of third countries. The treatment of Union citizens and the prohibition of discrimination on the basis of nationality. The right of Union’s citizens to family reunification; the particular issue of the right of minors who are EU citizens to be reunited with their parents who are citizens of third countries.
The origins of migration policy. The Schengen Convention. The legislation on entry and controls at the external borders: entry visas for work reasons and for family reunification. The treatment of third-country nationals.
Asylum policy and the creation of a common European asylum system. The different forms of international protection (subsidiary and temporary protection), and their relationship with special protection. Criteria and mechanisms for determining the State responsible for examining the application for protection (the "Dublin mechanism" and the prospects for its reform). The procedures for examining applications for protection lodged in a Member State.
The implementation of the Common European Asylum System in the Italian legal system.

Some topics of the course are part of objective no. 10 “Reduce inequalities”; the Union legislation that prohibit discrimination based on nationality and require equal treatment for certain categories of third-country nationals is examined.
Other issues considered are consistent with objective no. 16 “Peace, justice and strong institutions” under different standpoints. The following are examined during the course: the role of the Union institutions in developing a migration policy in compliance with fundamental rights and in seeking solutions inspired by the principle of solidarity, international protection for those fleeing from conflict situations, drivers for migration.