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8200 EU Migration and Asylum Law ( efterår 2011 - 10 ECTS )

Rammer for udbud

  • Uddannelsessprog: engelsk
  • Niveau: Masters
  • Semester/kvarter: Autumn 2011
  • Timer per uge: 3
  • Deltagerbegrænsning: 30
  • Undervisningssted: Århus
  • Hovedområde: Det Samfundsvidenskabelige Fakultet
  • Udbud ID: 28588

Tid og sted

Wednesday 12-15 in building 1325, room 120
First lessons on the 31st August 2011

Formål

By the end of the course, students are expected to be able to:

  1. Describe the regulatory structure of EU migration and asylum law.
  2. Identify and describe the main sources and principles of EU law in the area of migration and asylum.
  3. Explain and illustrate the principles of interpretation applied by the CJEU in this area.
  4. Give an account of and analyse the rights of Union citizens exercising free movement rights, and the limitations of these rights.
  5. Give an account of and analyse the principles and main rules governing entry and residence in EU member states for third country citizens, including those seeking asylum.
  6. Apply the EU rules on concrete cases, and assess the possible effects of these rules in the domestic law of member states.
  7. Present the acquired knowledge and skills in reasonably formulated English language.

Indhold

The course will cover both the internal and the external dimension of EU law governing migration issues relating to EU citizens and third country citizens:

  • Free intra-EU movement rights for Union citizens, primarily based on Directive 2004/38.
  • Rules on immigration and asylum for third country citizens, including such issues as family reunification (Directive 2003/86), the special status for long-term residents (Directive 2003/109), harmonised refugee definition and subsidiary protection status and the content of such statuses (Directive 2004/83), minimum standards for asylum procedures (Directive 2005/85) and reception conditions (Directive 2003/9) as well as legal issues pertaining to extraterritorial migration control.
  • The various opt-outs for certain EU member states (UK, Ireland, Denmark) in respect of the latter rules, as well as the special agreements linking certain non-EU states (Norway, Iceland, Switzerland and Turkey) to the EU area of free movement of persons.
  • The impact of the Treaty of Lisbon on migration and asylum law.
  • The role of the European Charter of Fundamental Rights and other human rights standards.

Thus, the main topics of the course will be the EU rules on free movement of persons, residence rights for family members, and substantive and procedural asylum law. In addition to the Directives mentioned above, the relevant Treaty provisions and CJEU case law, the course will include elements of administrative and constitution­al law, as well as international human rights law pertaining to the subject matters covered by EU law.

Faglige forudsætninger

No formal prerequisites, yet basic knowledge of EU law will be preferable.

Underviser

Louise Halleskov Storgaard and Jens Vedsted-Hansen

Undervisnings- og arbejdsform

Partly interactive, combing lectures and the students' participation in discussions and brief oral presentations.

English

Litteratur

Catherine Barnard, The Substantive Law of the EU - The Four Freedoms,  Third Edition, Oxford University Press, 2010.

A material collection of EU legal instruments and additional literature.

Selected judgements from the Court of Justice of the European Union.

Bedømmelse

Oral examination, either based on questions drawn from a list given to students in advance, or based on a written synopsis of max. 5 pages.