European Migration Law and Citizenship
Full course description
International migration has become a major phenomenon worldwide in recent decades and Europe has received a significant share of people moving for various reasons. Intensifying international migration movements present many societies with major political dilemmas as many migrants have a different cultural, ethnic and religious background.
This course will address different issues of nationality, migration and asylum law and policies. One part of the course will be devoted to comparative nationality law. The concept of European citizenship and the relevant case law will be elaborated. The legal requirements for acquisition and loss of a nationality will be discussed from a comparative perspective. The Council of Europe Convention on Nationality as well as the UN Convention on Statelessness will be addressed. Another part of the course will concentrate on the developments of a European migration and asylum policy since the entering into force of the Amsterdam Treaty and the Tampere Conclusions in 1999 until the Stockholm Programme of December 2009 and its follow ups. In this context the position of third country nationals, highly-skilled migrants, refugees and asylum seekers will be researched and discussed from a comparative perspective. The focus will be on their judicial protection and fundamental rights, family-reunion and integration requirements. Special attention will be given to the position of Turkish workers. Furthermore, migration as a phenomenon in an international and global setting will be dealt with.
An important question is therefore, how to integrate this group of migrants into the host societies, balancing cultural identity and minority rights with the state’s interest in an integrated population.
Students will get an insight in the current legal and political developments concerning international migration and asylum issues, Title V of the TFEU as well as the concept of European citizenship and general principles of nationality law.
It is not a prerequisite but an advantage if student have followed a course concerning EU substantive law and are familiar with the concept of EU citizenship
- Anja Wiesbrock, Legal Migration to the European Union, 2009
- Papagianni (2014) EU migration policy, available at: http://cadmus.eui.eu/bitstream/handle/1814/30557/Chapter30.pdf
- K. Lenaerts, EU citizenship and the European Court of Justice’s ‘stone-by-stone’ approach, International Comparative Jurisprudence, November 2015, 1-10.
- Gerard-René de Groot/Maarten Vink, Loss of Citizenship. Trends and Regulations in Europe, EUDO Citizenship Observatory Country Reports 2010, pp 1-53
- S. Peers, V. Moreno-Lax, M. Garlick and E. Guild (Eds.), EU Immigration and Asylum Law (Text and Commentary): Second Revised Edition, Volume 3: EU Asylum Law (2015)
- K. Eisele, ‘Why come here if I can go there? Assessing the ‘Attractiveness’ of the EU’s Blue Card Directive for ‘Highly Qualified’ Immigrants’, CEPS Paper, October 2013.
- N. Reslow, The Role of Third Countries in EU Migration Policy: The Mobility Partnerships, European Journal of Migration and Law, 2012, pp. 393-415.
- Katharina Eisele, The External Dimension of EU’s Migration Policy, 2013
- Further literature and material will be provided on ELEUM