European and International Migration Law - JSM146
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Last update: PhDr. Petr Bednařík, Ph.D. (25.07.2023)
Learning objectives The course is designed i) to frame the phenomenon of international migration in the context of the basic principles and rules of International and EU Law; ii) to give students a global understanding of the International and of the EU legal framework governing both forced and voluntary migration, including the rights and responsibilities of States and migrants; iii) to provide them with practical skills in legal reasoning and arguing on both cases and current events that give raise to questions regarding the addressed topics. It aims not only at equipping students with appropriate knowledge of the sources of international and EU migration law, but also with the tools to address legal questions originating from a practical case, to acquire language skills and, in the long term, to apply international migration law principles in a professional and competent manner. Students will engage with case law, policy documents and key academic texts to acquire both sound knowledge of the law and critical awareness of the biases, gaps and challenges in the current system, with a focus on international refugees, human trafficking and migrant smuggling (including the law on maritime migration), expulsion policies, and the rights of most vulnerable individuals, like women and unaccompanied children under international human rights law. Expected learning outcomes - on successful completion of the course students will be able to: 1. demonstrate knowledge and awareness of the international and EU legal instruments that regulate particular aspects of international migration 2. distinguish between forced migration and voluntary migration, reflecting on the blurred lines between the two categories and understand the legal regime regulating migration at the international and at the EU level 3. appreciate the interplay between legal rules and underlying exigencies and State interests in regulating migration and to give a legal evaluation of various State actions and migration control measures 4. engage in critical legal analysis of the practice of judicial and other institutions 5. demonstrate awareness of the rights of migrants and understand the obstacles to accessing such rights 6. apply learned knowledge to particular fact situations 7. acquire communication skills (written and oral) as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language. Assessment of students will take an intermediate written exam consisting of 10 multiple choice questions and two open questions requiring comprehensive, yet short answer (5-10 lines); the test will count two-thirds of the final evaluation. The remaining one-third of the final evaluation will be based on the evaluation of the activities performed at class. Students are in fact required to participate actively through the proposed in-class team activities (presentations, case-studies, discussions of particular topics, flipped classroom). |