Course teached as: B014438 - DIRITTO DEGLI STRANIERI 3-years First Cycle Degree (DM 270/04) in DEGREE IN LEGAL SERVICES Curriculum GIURISTA DEL TERZO SETTORE
Teaching Language
Italian
Course Content
The course is meant to provide the means to assess the phenomenon of immigration and the difficulties with its legal regulation, and a critical introduction to the ways of this regulation.
M. Ricciardi, S. Mezzadra (a cura di), Movimenti indisciplinati. Migrazioni, migranti e discipline scientifiche, Verona, Ombrecorte, 2012
E. Santoro (a cura di), Diritto come questione sociale, Giappichelli, Torino, 2009: Introduzione “Diritto come questione sociale”(pp. IX-XVI) e il saggio di Santoro (pp. 129-180).
G. Savio (a cura di), Codice dell'immigrazione, Maggioli editore, 2012
Learning Objectives
Understanding
An in-depth understanding of the legal norms and Constitutional principles with reference to the Welfare State and social rights, having also regard the economic Constitution and the EU integration process. The institutional mechanics of the Welfare State. Analysis of the law nr. 328 of November 8th, 2000 General Law for the implementation of the integrated system of social services, following revision of the Fifth Chapter of the Constitution. Analysis of non profit entities’ main features (associations, foundations, voluntary organizations , “onlus”) with particular reference to the “social enterprise” and to the most recent EU regulations and scholars and case law findings.
Analysis of immigration regulations and the rights of foreigners in the light of the distinction between law in books and law in action.
Skills
Ability to orient oneself within the current political and scientific debate on the Welfare State. Understanding of the main legal issues relative to the protection of social rights , with special reference to the social policies envisaged to tackle the new forms of poverty. Understanding of the methods of assessment of the restructuring processes of the Welfare State. Awareness of the role played by the non profit sector with respect to the capacity of the Welfare State to address the needs for social justice and solidarity
Awareness of the basic legal structure of non-profit organizations. Ability to analyze the interdisciplinary complexity of migrants’ law and their impact on the possibility to develop a multicultural society.
Competences
Understanding of the ramifications , in legal and economic terms, of a modern Welfare State. Understanding of the skills needed by “Third sector” professionals. Aptness towards understanding that The Law, not just as a as a mere legal order but as a social issue. Ability to interpret the norms relevant to the entry, the status and the expulsion of immigrants and to assess their impact on the actual accessibility to their rights.
Prerequisites
Students must have passed the exams of General Constitutional Law, Private Law I and II. It is recommended to have passed the exams of Philosophy of Law, Criminal Law and Administrative Law
Teaching Methods
Lectures: 40 hours
During the classes the teacher will expound the immigration law and its main problems for the development of a multicultural society. Renowned experts on Italian immigration law may be invited to talk about specific problems.
Type of Assessment
Intermediate tests
During each lesson some specific issues will be discussed and in the discussion students’ mastery of the concepts previously treated will be assessed.
The final exam will consist in a discussion of the textbooks’ topics.
Course program
The course will be divided in two parts.
The first part will focus on the nature of law. In no other field of law the difference between law and legislation is clearer than in the law of non-citizens: the law is a complex operation, ceaselessly changing and in which a plurality of actors takes part. This is because of the interdisciplinary nature of the law of non-citizens and the multiple levels of its sources, and of the peculiar issues that it is supposed to regulate: the issues of a multicultural societies in which even the rules of coexistence that we tend to take for granted are problematic for some of its members.
The second part will analyse the legal rules on immigration, highlighting how they are particularly articulated, for they are related to cross-cutting fields of administrative, civil, criminal, labour law. This complex law is not made just of national rules. The EU law and its derivative treaty law are continuously reshaping this field of law, and international law strictly limits states’ autonomy on this matter. As a consequence the sources of law are quite diverse: EU regulations and directives, national legislation, administrative measures. Moreover many actors are involved in different ways. The matter is continuously changing. The analysis of the immigration code will specially focus on the rules about entry in Italy, the kinds of residence permits and the rights they entail, and expulsion.