European Union Migration Law - LAWS8321

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Module delivery information

Location Term Level1 Credits (ECTS)2 Current Convenor3 2022 to 2023
Brussels
Autumn Term 7 20 (10) checkmark-circle

Overview

The module will provide students with an introduction to the law governing migration within the European Union.

The module will begin with an examination of the principles of EU law underlying the legal framework relating to EU migration law and the institutional actors involved. The module will then examine the status of EU citizens and non-EU citizens, which is important since it delineates the scope of the different EU rules. Following this, the rules relating to entry into the EU will be examined, before examining the different residence rules that apply to EU citizens and non-EU citizens. This will involve looking at the rules on the free movement of EU citizens and their family members, as well as the rules governing non-discrimination on the basis of nationality. An examination of the legal rules governing non-EU citizens will follow, including both regular and forced migration. The module will also provide insights into related issues such as fundamental rights and equal treatment, and the existence and scope of formal and informal legal redress mechanisms through which citizens can enforce their rights and freedoms in the EU.

The module is designed for students wishing to study EU migration law and gain a detailed insight into how the EU rules work in practice. In doing so, students will be encouraged to explore the 'implementation gap'. This refers to the state of disconnect between the legislative framework as it is intended to work in theory and the way the rules are applied in practice by the EU Member States. The EU rules on migration provides particularly poignant examples of such implementation gaps.

Details

Contact hours

Total contact hours: 24
Private study hours: 176
Total study hours: 200

Availability

Canterbury – LLM in (Specialisation); LLM in Law; PG Diploma in (Specialisation); PG Certificate in Law.
Brussels - LLM in (Specialisation) - Brussels; PG Diploma in (Specialisation) - Brussels; PG Certificate in (Specialisation) – Brussels.

Method of assessment

Main assessment methods

Essay of no more than 5,000 words (100%)

Reassessment methods

Reassessment Instrument: 100% coursework

Indicative reading

• Catherine Barnard, The Substantive Law of the EU: The Four Freedoms (5th ed., Oxford University Press, 2016).
• Pieter Boeles et al., European Migration Law (2nd ed., Intersentia, 2014).
• Damian Chalmers and Anthony Arnull, Oxford Handbook of European Union Law (OUP, 2015).
• Vincent Chetail and Céline Bauloz (eds.), Research Handbook on International Law and Migration (Edward Elgar, 2014).
• Gina Clayton, Textbook on Immigration and Asylum Law (7th ed., Oxford University Press, 2016)
• Siobhan Douglas-Scott and Nicholas Hatzis (eds.), Research Handbook on EU Law and Human Rights (Edward Elgar, 2017).
• Panos Koutrakos and Jukka Snell (eds.), Research Handbook on the Law of the EU's Internal Market (Edward Elgar, 2017).
• Frans Pennings and Gijsbert Vonk, Research Handbook on European Social Security Law (Edward Elgar, 2015).
• Freidl Weiss and Clemens Kaupa, European Union Internal Market Law (Cambridge University Press, 2014).

See the library reading list for this module (Canterbury)

Learning outcomes

The intended subject specific learning outcomes.
On successfully completing the module students will be able to:

1. Demonstrate familiarity with the main legal principles governing the movement of persons within the European Union.
2. Demonstrate familiarity with the main legal principles governing the development of a common immigration policy at the level of the
European Union, and the main elements of that policy.
3. Access the primary and secondary sources of European Union law in so far as it relates to the free movement of persons and the
European Union's emerging common immigration policy. This material will be accessed both in hard copy and, where appropriate, in
electronic form.
4. Analyse the primary and secondary sources of European Union law relating to the free movement of persons and immigration policy in
order to obtain an understanding of its content and implications.
5. Demonstrate an understanding of the political and economic background to European Union law relating to the free movement of persons
and immigration policy.
6. Demonstrate the ability to engage in independent research and thought on the free movement of persons and immigration policy in the context of the European Union.

The intended generic learning outcomes.
On successfully completing the module students will be able to:

1. Access primary and secondary European Union legal material in hard copy and electronic form.
2. Analyse primary and secondary European Union legal material to establish its implications for legal rules.
3. Evaluate the political and economic origins and implications of European Union policies, and defend this evaluation against alternative
points of view.
4. Communicate, both orally and in writing, the content of legal principles and evaluation of legal principles.

Notes

  1. Credit level 7. Undergraduate or postgraduate masters level module.
  2. ECTS credits are recognised throughout the EU and allow you to transfer credit easily from one university to another.
  3. The named convenor is the convenor for the current academic session.
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