Migrant Rights
- Overview
- Assessment methods
- Learning objectives
- Contents
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
It requires the knowledge of the basic elemets of the public law. In any case, where necessary, the presupposed notions will be briefly resumed during the treatment of indivdiual parts of the course.
The exam will be oral. Only to attending students will be given the opportunity, during the course, to take progress tests on the topics explained during the classes, the knowledge of which, if successful, will no longer be subject to verification in the oral examination.
Placed in the curriculum devoted to “Linguistic, cultural and legal mediation”, the course deals, with a prevalently operative approach, the legal status of foreigners through the analysis of the regulatory framework, both internal and supranational, especially with regard to the policies and migration flows, the discipline for entry and stay in Italy and the recognition and statement of the rights and duties of migrants.
The course also aims to deepen the practical tools through which, after satisfying the basic needs of the migrants, it is possible to achieve integration and medium and long term inclusion policies.
The course will follow an interdisciplinary approach, to which will contribute the constitutional perspective, the EU law, and the admistrative one, with the ability to define, consequently, distinct but closely related lesson blocks, also with the possible rotation of the interested teachers, not to overly break up the delivery of the front didactics.
At the end of the course students should show to master the basics of migrant law, in all its sides, and to know how to apply the theoretical acquired knowledge, both in delivering inclusion activities and social integration of foreigners both in the emergency management that might result in non-EU immigration.
The aspects that will be precisely treated during the lessons are as follows:
Constitutional and European Law Modul
1. Foreigners, migrants and Italian citizens: the historical evolution of immigration law between constitutional, EU and international rules.
2. The discipline of the Italian citizenship and the reform proposals.
3. The European citizenship; the right to asylum, the refugee and stateless status; the conditions for the international and EU protection of foreigners.
4. The non-EU immigration policies and the discipline on the stay of foreigners in Italy; the centers for identification and expulsion; the fundamental rights and duties of the non-UE foreigners; in partucular, the protection of the family unity, the family-re-joining and the access to social rights (education, health care, lodging) between state and regional law. The Directive on family re-joining.
5. The legal status of foreign citizens in the EU: in particular, the movement and residence freedom in the EU and the access to local political rights. The Convention on the Participation of Foreigners in Public Life. The prohibition of discimination on ethnic, national and religious grounds.
6. Integration policies of the new minorities in the Italian society: from the satisfaction of the basic needs of the migrant to the so-called “government of the differences”.
Administrative Law Modul
7. Still on the legal status of foreigners who are citizens of the EU (entry freedom, movement and establishment freedom; entry, stay and residence; the stay permits: right of residence, right of permanent residence, residence card for non-EU family membres cohabiting with Italian or EU citizens; expulsion and judicial guarantees).
8. Still on the legal status of non-EU foreign citizens. The general entry discipline of the non-EU citizens (general requirements, entry visas, rejections, border controls, criminal laws).
9. The stay discipline of the non-EU cirtizens (different stay permits, declaration of residence for stays during less than 3 months for tourism, study and visit; issue, renewal, conversion and revocation of residence permits and their type; issue and revocation of EC residence permits for long-term residents; the registration). The discipline of entry and stay of non-EU citizens for specific reasons: employment, self-employment, family reasons, study.
10. The right to family unity of the non-EU citizens: the procedures for family reunification, residence permits for family reasons, the legal status of foreign children.
11. The discipline of removal orders of non-EU citizens from the state territory (refoulement measures; judicial and administrative expulsions and their criminal and administrative effects; prohibitions of refoulement or expulsion; expulsions and entertainments; judicial petitions). The permanent regularization and the stay permit for social reasons.
12. The discipline of public services assured to EU and non-EU citizens: right to health care, right to housing, right to education. Tax and fiscal duties for foreigners who are resident or domiciled in Italy.
The texts required for the exam will be indicated in class-room. On the e-learning platform will be made available some additional teaching materials (articles, essays, reports, italian, foreign and supranational case law).
The texts required for the non-attending students will be indicated on the e-learning platform.
The course includes 50 hours of front lessons which are divided, as indicated above, between two moduls. The lessons will be teached by the two teachers of the course.
During the lessons will be offered some witnesses from experienced persons and institutions which perform in the migrant ambit and are engaged in tackling and solving concrete problems related to extra-EU migration (for example, officers of the Police-headquarters, associations that perform with the migrants, migrant-windows, intercultural mediators).
The office hours of the teachers is published on the Notice page of the Department.
Both teachers are always reachable by e-mail at the following addresses:
carmela.leone@uninsubria.it
lino.panzeri@uninsubria.it