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Study-Unit Description

Study-Unit Description


CODE ECL5114

 
TITLE European Immigration Law

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT European and Comparative Law

 
DESCRIPTION One of the fundamental objectives of the European Union, is to offer its citizens an area of freedom, security and justice without internal frontiers. With increasing economic integration and as a result of recent international events, FSJ matters are moving further and further up the EU’s agenda.

This study-unit will focus on the Immigration and Asylum Law aspects of the AFSJ. It will provide an overview of the creation and evolution of this area of EU Law, it will describe the relevant legal framework and case law and will analyze a selection of legal instruments that have been adopted at EU level. Moreover, the study-unit will offer a detailed analysis of the Schengen acquis related to asylum seekers and will look into the interaction of EU Immigration and Asylum Law with Fundamental Rights and principles.

This study-unit has been designed to help the students understand the legal issues behind the development of EU Immigration and Asylum Law, especially as regards the enhanced competence of the EU to act in this field. The students should appreciate the interface of EU Immigration and Asylum Law with the national legal orders and with the rights of the individuals. The unit is studied from a critical perspective where students are not only requested to familiarize themselves with the laws and case law, but also to study these laws by attempting to constructively identify any potential deficiencies and to explore possible solutions how to overcome such problems.

While the study-unit focuses on the major principles, students will also be guided to analyze them in the light of the legal tools employed in European integration. This unit is highly relevant for those who intend to work with the EU institutions or in an EU-related environment, for instance as advisors in the public or private sector or as experts in NGOs.

Study-Unit Aims:

The aim is to make the students aware of the legal developments which have led to the creation and development of EU Immigration and Asylum Law, from an institutional and substantive law point of view.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

• Draw upon an in-depth knowledge of the legal framework governing EU Immigration and Asylum Law;
• Identify doctrinal and practical trends in legal practice and relevant EU case-law and recognise their impact on legal developments;
• Develop advanced legal research skills in the field.

2. Skills:
By the end of the study-unit the student will be able to:

• Navigate with ease through the substantive areas of law introduced by the unit;
• Handle cross-border litigation in the enlarged EU, such as cases related to asylum applicants;
• Advise public and private clients and draw consultation reports on the subject matters.

Main Text/s and any supplementary readings:

Main Texts:

- Barnes J., EU Immigration and Asylum Law: A Commentary,International journal of refugee law, 2017-03-01, Vol.29 (1), p.190-193.
- Byrne R. et al.,Understanding the crisis of refugee law: Legal scholarship and the EU asylum system, Leiden journal of international law, 2020-12-01, Vol.33 (4), p.871-892.
- Iglesias Sánchez, S., EU Citizenship and Migration Law: Reshaping the Balance of Multi National Communities? The Case of Ceuta and Melilla, European journal of migration and law, 2016-09, Vol.18 (3), p.259-274.
- Lambert H., Transnational Judicial dialogue, harmonization and the Common European Asylum System, The International and comparative law quarterly, 2009-07-14, Vol.58 (3), p.519-543.
- Peers S., EU Justice & Home Affairs Law, Journal of Common Market Studies, 2008-03, Vol.46 (2), p.488-489.
- Peers S., Mission accomplished? EU Justice and Home Affairs law after the Treaty of Lisbon, Common Market Law Review, 2011, Vol.48 (3), p.661-693.
- Rochel J., Working in tandem: Proportionality and procedural guarantees in EU immigration law, German law journal, 2019-02, Vol.20 (1), p.89-110.

 
STUDY-UNIT TYPE Lecture and Independent Study

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 Yes 100%

 
LECTURER/S

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years.

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