European studies

The course will focus on the analysis of the following issues. First part: - the constitutional status of foreigners; - the evolution of Italian migration/asylum law and the legal status of migrants/asylum seekers; - the fundamental rights of migrants: recognition and national/supranational guarantees. Second part: - the intertwining between Member States migration/asylum law, EU law and its recent developments; - internal and external border controls, cooperation with Third Countries, hard law and soft law instruments.

At the beginning of the course and for the final examination students must have already studied the fundamental notions of Italian public law and EU law.

The following texts for the preparation of the exam will be updated at the beginning of the second semester, in consideration of the legislative changes underway both at national and European level. 1. W. CHIAROMONTE, Counteracting Labour Exploitation: The Italian Response to Undeclared Work by Migrants, in R. Bernard, R. Zahn (eds), Migrant Labour and the Reshaping of Employment Law, Hart Publishing, 2023, pages 231-249; 2. L. PALUMBO, Situational Vulnerabilities and Labour Exploitation in Italy: The Case of Agricultural and Domestic Migrant Workers, in Ead., Taking Vulnerabilities to Labour Exploitation Seriously. A Critical Analysis of Legal and Policy Approaches and Instruments in Europe, Springer, 2024, pages 143-191 (available online); 3. A. MARCHESI, Placing Barriers Against the Disembarkation of Rescued Migrants: Brief Remarks on Recent Italian Practice from a Human Rights Perspective, in A. Di Stasi, I. Caracciolo, G. Cellamare, P. Gargiulo (eds), International Migration and the Law. Legal Approaches to a Global Challenge, London, Routledge, 2024, pages 413-427 (available online); 4. D. THYM, K. HAILBRONNER (eds), EU Immigration and Asylum Law. Article-by-Article Commentary, Beck, 2022, XXIX-XXXV, 47-81, 383-403, 432-474, 692-693, 703-738, 750-800, 1129-1176, 1229-1248, 1429-1435, 1507-1519, 1540-1541, 1562-1589, 1639-1657, 1666-1697; 5. S. PEERS, The New Asylum Pact: Brave New World or Dystopian Hellscape?, in European Journal of Migration and Law, 2024, pages 381-420; 6. A. DE LEO, E. MILAZZO, Responsibility-Sharing or Shifting? Implications of The New Pact for Future EU Cooperation with Third Countries, 2024, in www.epc.eu, pages 1-25 (available online). The texts for the preparation of the exam will be updated at the beginning of the second semester, in consideration of the legislative changes underway both at national and European level.

Attendance is not mandatory. For attending students, exercises or presentations will be organized in presence.

Oral final examination on the syllabus as resulting from the textbooks indicated. For the purposes of the final assessments, the following elements will be taken into consideration: positive assessment of the participation in study groups (for attending students); presentation and critical reasoning skills, legal language skills (for all students).

The course will take place in presence. The e-learning website of Sapienza and the interactive involvement of attending students through study groups, discussions on current issues or paper presentations will support the frontal teaching.