Law and migrations

Teacher(s)

Frasca Eleonora; Sarolea Sylvie;

Language

French

Main themes

With the protection of fundamental rights of persons in mind, the course approaches on the one hand, the way the movements of persons as such are treated by law (for example, departure, access, stay, establishment) and on the other hand, the specific elements brought by migrations in the various branches of law (for example, in International law on the concepts of national sovereignty, of human rights, of right of asylum; in European law on the concepts of European space, of borders, of integration; in Private international law on the concepts of conflicts of laws, of personal status; in Civil law on the concepts of family law, privacy, gender equality; in Administrative law on the concepts of nationality, citizenship, refugee law; in Judiciary law on the competences and hierarchy of judicial authority; in Penal law on extradition, trans-border repression, terrorism). The course takes into account the contemporary evolution of international migration and the answers given by law. According to current events, for example drafts for national or European regulations, there will be more in-depth treatment of some issues: refugees and asylum procedure, family reunification, regularization

Content

The course examines the relationship between the law and the phenomenon of migration. It provides an in-depth analysis of forced migration and the legal responses to it (international, regional and national law).
The aim is to analyse the journeys of these migrants who are fleeing and to examine the conditions for access to the territories of third countries, the definition of protected persons, and the procedures in place. Contemporary issues such as climate-induced migration, protection in the event of armed conflict, and negotiations with African countries will also be addressed, often with guest speakers.

Teaching methods

The course is delivered via a hybrid system: distance learning and face-to-face:

1. 1. Distance learning: students follow the MOOC entitled Asylum and Refugee Law (comprising 7 modules).
   1. Face-to-face: There are six two-hour lectures, organised as conference-style discussions, usually featuring external guests.
   2. A joint session for all three courses in the option takes the form of a full day of interactive seminars. Attendance is compulsory and performance is assessed.

Evaluation methods

Assessment is continuous and consists of four parts:

1. Closed-book: A multiple-choice test on basic knowledge, taken during the final session.  (5 marks out of 20). Students will practise using the MOOC exercises; students must complete all the scheduled interim multiple-choice tests.
2. A written assignment, maximum two pages (5 out of 20). The assignment consists of an essay on an art piece (book, comics, movie, …) on a migration issue. 
3. A closed book exam: An oral examination with preparation (20 minutes) immediately following the multiple-choice test (8 marks out of 20)
4. Active participation in a full day of joint sessions for all three classes in the option. Group presentations given during these sessions are worth 2 marks.

Online resources

In the MOOC on edX: videos, documents, syllabus.
The MOOC is accompanied by a syllabus summarising the course.

Bibliography

Complète dans l'ouvrage Droit des étrangers et dans le MOOC

Teaching materials

• J.-Y. Carlier et S. Sarolea, Droit des étrangers (Larcier, 2077, extraits en accès libres dans le MOOC)

Faculty or entity

> BUDR