Legal Aspects of Migration in the European Union - ZIP 4003-LAM-OG

The course will first present the legal instruments allowing the legal migration of EU citizens and third-country nationals within the EU territory. It will also address the different legal categories of migrants according to their nationality (EU citizens, third-country nationals) as well as their legal status (e.g. worker, economically inactive migrant, asylum seeker, refugee, family member). Additionally, the course will offer a clear insight in the residence and associated rights of the different categories of migrants (e.g. right to work and to study, social and political rights). The course will also examine the limits to legal migration (e.g. threat to public policy, public security, public health) and their use by the EU Member States. Finally, it will address the question of sanctions for illegal migration.

Consultation hours:
Monday, 10:00–11:30am
via Google Meet: https://meet.google.com/ioe-uwqb-mpw

Type of course

general courses

Prerequisites (description)

This course is offered within the University of Warsaw Integrated Development Programme, co-financed from the European Social Fund under the Operational Programme Knowledge Education Development 2014-2020, path 3.5.

Learning outcomes

The course will enable students to understand theoretically and in practice the main legal migration issues and challenges. Students will get familiar with key legal terminology and aspects of EU migration law. They will gain a good understanding of the European legal frameworks governing migration and of the share of competence between EU institutions and Member States. When facing a particular case, they will acquire the capacity to identify quickly the relevant legal category of migrant, to apply consequently related residence rights, to check any infringement of law and to find the best solution for that particular case. Doing so, they will develop the ability for independent analysis.

Assessment criteria

The course will consist of general lectures followed by case-studies. General lectures will be based on relevant EU primary and secondary legislation as well as on the jurisprudence of the Court of Justice of the EU.
Case-studies will allow the students to put into practice the knowledge acquired during the lectures. They will describe an individual situation (case) inspired by existing case-law from national or European courts. Students will have to analyze the key issues of the case using relevant theoretical concepts learned in class. Then, they will have to recommend a course of action for that particular case.
The course material consists of power point presentations, lecture notes and compulsory readings provided to the students by the lecturer (cases, relevant legislation and doctrinal articles).
The assessment test will be a written exam in the form of a case-study that the students will have to analyze.

Bibliography

- The EU citizenship directive, A commentary (Guild, Peers, Tomkin)
- Security and migration in the 21rst century (Guild)
- Free movement of persons in the enlarged European Union (Rogers, Scannell, Walsh)
- Migration and freedom, Mobility, citizenship and exclusion (Blitz)
- Social policy and citizenship, the changing landscape (Evers, Guillemard)
- CJEU jurisprudence, EU migration law

Additional information

Information on level of this course, year of study and semester when the course unit is delivered, types and amount of class hours - can be found in course structure diagrams of apropriate study programmes. This course is related to the following study programmes: