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 challenges and dilemmas. The political climate is often not very migrant friendly as many migrants have a different cultural, ethnic and religious background. This can lead to discrimination based on racial, ethnic and religious grounds.
In many EU Member States, immigration is one of the topics most discussed during election campaigns. Not only the Member States have, however, competences to act in this area. Since 1999, with the entering into force of the Amsterdam Treaty the European Union has more competences to act as legislator in the field of migration and asylum. In the last twenty years, several EU instruments have been passed in this field.
This course will address different issues of citizenship and nationality, migration and asylum law and policies. 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 entering into force of the Lisbon Treaty in December 2009. The legislative developments and the relevant case law will be discussed. In this context, the position of third country nationals, highly skilled migrants, refugees and asylum seekers will be researched and discussed. Hereby the issues will be addressed from a comparative perspective. The focus will be on judicial protection and fundamental rights of migrants, family-reunion and integration requirements. Special attention will be given to the special position of Turkish workers due to the Association Agreement and secondary legislation and case law. Additionally, the position of TCN family members of EU citizens who have used their free movement rights will be compared to the family unification rights of TCNs in general. Furthermore, migration as a phenomenon in an international and global setting and the developments on UN level will be dealt with.
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