EU Mobility and Migration Law
EU Mobility and Migration Law
Anno accademico 2019/2020
- Codice dell'attività didattica
- Stefano Montaldo (Titolare del corso)
Prof. Francesco Costamagna (Titolare del corso)
- Insegnamento integrato
- Advanced EU law (GIU0825)
- Corso di studi
- Laurea magistrale in European Legal Studies - a Torino (D.M. 270/2004)[0703M21]
- 1° anno
- SSD dell'attività didattica
- IUS/14 - diritto dell'unione europea
- Modalità di erogazione
- Lingua di insegnamento
- Modalità di frequenza
- Tipologia d'esame
The EU Mobility and Migration Law course is framed within the general objective of the Degree Course to provide the students with an advanced cultural and technical training and knowledge of legal phenomena on the European and international stages. In particular, the course aims at equipping the students with an in-depth knowledge of the legal regime of the freedom of movement of persons in the EU, as well as of EU migration law. Actually, this is a milestone of the students' cultural baggage and a strategic added value for their professional future. In this context, the course is closely connected to other initiatives and learning opportunities offered by the Law Department and the Degree Course, such as the Diploma on Migration Studies, the European Law Moot Court Competition, the clinical programme and several complementary courses.
Lastly, the EU Mobility and Migration Law course builds on the dynamic approach to the acquisition of formal knowledge which characterizes the Degree Course as a whole. Therefore, the course aims at providing the students with the tools which are necessary to understand and critically analyze EU mobility law and the management of migration phenomena, even through the combination of both a theoretical approach and the practice-oriented analysis of cases.
Risultati dell'apprendimento attesi
At the end of the course, the student should achieve the following learning objectives:
Knowledge and comprehension
- In-depth knowledge of the free movement of persons in the EU and of the main aspects of EU migration law
- Ability to analyse and understand relevant legal texts (EU acts, case law, etc.)
- Awareness of the remarkable implications of EU law in every person's situation and for the student's future professional activity
Ability to apply knowledge and comprehension
- Ability to handle a complex reasoning on EU legal texts
- Ability to apply the rules and principles of EU law to a given situation and to catch their implications
Autonomous intellectual approach and critical thinking
- Ability to organise the knowledge acquired and to weight its importance and relevance
- Ability to undertsand and to personally discuss topical issues through the lenses of EU law
- Ability to explain the knowledge acquired, by using an appropriate legal terminology
Modalità di insegnamento
The course is characterized by the fruitful combination of various teaching techniques, often within a single lecture:
- traditional frontal lessons
- class debate of cases with the active participation of the students, through specific teaching techniques, including the use of software for innovative teaching
- seminars on particularly important and topical issues
- presentations from high-profile academics, experts and practitioners
- involvement of the students in the elaboration of self-evaluation tools
- final exam simulations
Modalità di verifica dell'apprendimento
The students will take a written exam consisting of 3 open questions, as follows:
- 1 theoretical question
- 1 analysis of an extract from a judgment of the Court of Justice of the European Union
- 1 discussion and solution of a case.
There are no pre-determined limits to the length of the answers. Depending on the characteristics of the questions, the time allocated will range from 1 hour to 1 hour and 30 minutes.
For the purposes of the final evaluation, the following criteria will be taken into consideration:
- formal accuracy (including grammar)
- completeness of the answers
- adequate selection of the relevant arguments
- adequate presentation of the arguments (including use of an appropriate legal terminology)
- autonomous organization and elaboration of the answer
"Incorrect" solutions to the case will not automatically cause a negative evaluation, as long as the answer will be construed on a coherent reasoning, consistent with the underlying theoretical background and adequately motivated.
Attività di supporto
The e-learning page of the course is an important instrument offering valuable support to in-class activities. Therefore, the students are expected to check it on a regular basis and to take into due consaideration the materials uploaded therein.
In particular, the e-learning page (moodle platform) will host:
- all the presentations displayed during the lectures (uploaded in advance)
- the case law presented and discussed in class
- optional learning materials
- ancillary contents (videos, links to websites, etc.)
- sample questions and short self-evaluation tests.
- Introduction to the course and review of the basics of EU law
- Freedom of movement of workers: The notion of worker and access to the job market
- Freedom of movement of workers: equal treatment and coordination of social security systems
- EU citizenship and freedom of movement
- Right to reside and social benefits: Economically inactive persons and jobseekers
- Posted workers and social dumping
- The elimination of checks at the internal borders: The Schengen area
- The management of the external borders of the EU
- Status and rights of third country nationals in the EU legal order
- Family reunification: EU citizens and third country nationals
- Long-term residents and the notion of denizenship
- Detention and return of illegally staying third country nationals
- The common European asylum system: historical overview and the qualifications Directive
- The common European asylum system: procedures and the reception conditions Directive
- The Dublin III system: fundamental rights, competences, solidarity and burden sharing
Testi consigliati e bibliografia
All study materials, relevant legal texts and judgments will be uploaded on the e-learning page of the course.
In relation to Dr. Montaldo's part of the course, the textbook is S. Peers, EU Justice and Home Affairs Law. Volume I. Migration and Asylum Law, Oxford University Press, 2016. The relevant parts of the textbook are clearly listed in a document which is uploaded on the e-learning page of the course. The textbook is available on-line through the website of the Bobbio library.
There will be side learning initiatives and activities that will call for an active participation by students. Further information will follow in due time.