Unit information: Migration Law and Policy - International, European, and Human Rights Dimensions in 2014/15

Unit name	Migration Law and Policy - International, European, and Human Rights Dimensions
Unit code	LAWDM0112
Credit points	30
Level of study	M/7
Teaching block(s)	Teaching Block 4 (weeks 1-24)
Unit director	Professor. Acosta Arcarazo
Open unit status	Not open
Pre-requisites	Students should have studied EU law. If they have not, they will need to attend the EU law 1 lectures at UG level, at least the first ten lectures.
Co-requisites	None
School/department	University of Bristol Law School
Faculty	Faculty of Social Sciences and Law

Description including Unit Aims

This module seeks to provide a detailed, specialised and advanced course on European Union immigration law. The module will focus upon the legal dimensions of the contribution of the institutions of the European Union to the creation, implementation and enforcement of immigration legislation. Attention will also be paid to the contexts in which the European Union creates and influences immigration law as well as the political motivations and consequences of its choices. It will also critically analyse the jurisprudence of the Court of Justice of the European Union in the area. In addition to that, the module will also explore how EU Migration law interacts with International and Human Rights law (including the case-law of the European Court of Human Rights)

Aims:

1. To discuss the general principles and methods of immigration law.
2. To understand the impact of human rights jurisprudence on immigration law and policy
3. To understand and discuss case-law on immigration law.
4. To understand the particular relationship of civil society organizations and advocacy groups with the development of the immigration law.
5. To understand the EU Law framework on Migration.
6. To have a critical and informed understanding on the links between globalization and migration law.

Intended Learning Outcomes

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

1. demonstrate a sound understanding of the different levels of regulation of immigration and refugee matters (international, European, municipal)

2. demonstrate a good understanding of the fragmentation of immigration and refugee law, and the implications thereof

3. show a good understanding of how the European integration process leads to the imperfect and incomplete regulation of immigration law

4. make a reasoned critique of the case-law of the European Court of Human Rights,and Court of Justice of the European Union, and be able to process complex issues

5. show a firm grasp of the important legal principles in the field of immigration law and be able to apply them accurately to offer reasoned solutions to hypothetical problem questions

6. show a good understanding of the role of the globalization process on immigration flows and their regulation.

Teaching Information

Two-hour seminars (ten)

Assessment Information

Summative - 1 x 3 hr exam. Formative - students should do one formative assessment and may do two

Reading and References

Principal texts:

S. Peers, E. Guild, D. Acosta, K. Groenendijk and V. Moreno-Lax, EU Migration Law. Text and Commentary (Martinus Nijhoff, Leiden, 2012, 2nd edition).

P. Boeles, M. den Heijer, G. Lodder and K. Wouters, European Migration Law (Intersentia, 2014 second edition) (more basic and less up to date than Peers et al.).

Additional reading:

Loïc Azoulai and Karin de Vries (eds.), EU Migration Law. Legal Complexities and Political Rationales. Collected Courses of the Academy of European Law (OUP, Oxford, 2014).

D. Acosta Arcarazo, The Long-Term Residence Status as a Subsidiary Form of EU Citizenship. An Analysis of Directive 2003/109 (Martinus Nijhoff, Leiden, 2011).

A. Baldaccini, E. Guild, H. Toner (eds), Whose freedom, security and justice? : EU immigration and asylum law and policy (Hart, Oxford, 2007).

S. Carrera (ed), Security versus freedom? : A challenge for Europe's future (Aldershot, Ashgate, 2006).

E. Guild, The Legal Elements of a European Identity (Kluwer, 2004).

E. Guild and C. Harlow (eds), Implementing Amsterdam, Hart, 2001.

Y. Pascouau and T. Strik (eds), Which Integration Policies for Migrants? Interaction between the EU and its Member States (Wolf Legal Publishers, Nijmegen, 2012).

K. Zwaan (ed), The Returns Directive: Central Themes, Problem Issues, and Implementation in Selected Member States (Wolf Legal Publishers, Nijmegen, 2011).

Kay Hailbronner (ed.), EU Immigration and Asylum Law – Commentary, Beck/Hart/Nomos, 2010.

Ryszard Cholewinski/Richard Perruchoud/Euan MacDonald, International Migration Law – Developing Paradigms and Key Challenges, Asser Press, 2007.

Brian Opeskin, Richard Perruchoud and Jillyanne Redpath-Cross (eds), Foundations of International Migration Law (Cambridge, CUP, 2012).