Study-Unit Description

Study-Unit Description


CODE EST5346

 
TITLE European Union Migration and Asylum Law

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT European Studies

 
DESCRIPTION Migration has topped the political agenda of the EU and its Member States for the past years and drastically changed the EU political landscape. Migration and asylum are policy areas with one of the highest levels of support for EU level involvement. The EU has become a major destination for migrants due to the interplay between several push and pull factors.

Push factors include political and social instability, economic challenges and demographic trends in countries of origin while pull factors include increased economic renewal and opportunities coupled with a stronger framework for those who seek protection in the EU. Migrants often have to resort to irregular means of entry facilitated by smugglers, putting their lives at high risk to escape war, persecution, poverty, or to join their families, find work, or seek knowledge and education.

Mindful of the internal and external policy dimensions of migration and asylum, for the past years, the EU has embarked on the difficult process to create a legal and policy framework to better manage migration flows and potential crises. This includes the reform of the Common European Asylum System, the strengthening of the EU external border, a focus on cooperation with third countries on migration and asylum, including for return and readmission purposes, and increased legal entry channel to the EU though resettlement, mobility and private sponsorship.

Study-Unit Aims:

The aim of this study-unit is to provide an analysis of how the EU policy on migration and asylum is shaped and implemented. The study-unit also examines the relevant EU and international legal framework and policies, together with the role played by the key institutional partners in their design and implementation. Analyses of relevant EU migration and asylum statistics and contextual elements are performed. Specific focus is placed on the aspects of legal migration and irregular migration, integration and return, and EU external cooperation with third countries on migration.

The study-unit analyses the development of the Common European Asylum System, as well as the wider set of EU migration policies and practices. For increased interest and relevance, the study-unit regularly focuses on the Mediterranean region. The study-unit seeks to inform students of the challenges faced by the EU and by the EU Member States, in particular since the 2015 migration crisis and during the ongoing crisis in Ukraine, and to evaluate the policies and measures adopted so far.

Learning Outcomes:

1. Knowledge & Understanding
By the end of the study-unit the student will be able to:

- Identify and appraise the relevant research portals, methods and resources;
- Identify and appraise the main stakeholders in the EU immigration and asylum policy making;
- Keep abreast with migration/asylum development and news and integrate such news into their understanding of the subject;
- Discuss migration asylum issues from a broad EU perspective that takes into account legal, social, political and cultural perspectives;
- Contextualise the EU within the broader international migration/asylum framework so as to grasp its relevance and the impact of its policies/legislation;
- Have a clear overview of EU attempts–and failures–to manage migration flows;
- Identify the EU legislative framework on asylum and its application;
- Compare EU/EU MS migration/asylum policies with relevant international obligations.

2. Skills
By the end of the study-unit the student will be able to:

- Critically evaluate immigration and asylum policies nowadays, both under a normative and practical perspective;
- Utilise the vocabulary specific to immigration and asylum policies, apply key concepts and principles relating to international migration and asylum to current and past events;
- Analyse EU documents and legislation;
- Apply theoretical frameworks of political science and international relations to the development of EU immigration and asylum policy.

Main Text/s and any supplementary readings:

Main Texts:

• Peers, S. (2016) ‘EU Immigration and Asylum Law’, in A Companion to European Union Law and International Law. John Wiley & Sons, Ltd, pp. 519–533, doi:10.1002/9781119037712.ch34.
• Goldner Lang, I. (2020) ‘No Solidarity without Loyalty: Why Do Member States Violate EU Migration and Asylum Law and What Can Be Done?’, European Journal of Migration & Law 22(1): 39–59.
• de Lange, T. and Groenendijk, K. (2021.) The EU’s legal migration acquis: Patching up the patchwork, 32.
URL: https://www.epc.eu/content/PDF/2021/Immigration_Issue_Paper.pdf
• Minderhoud, P. (2021) ‘Regulation of EU Labour Migration: At a Crossroads after the New Pact on Migration and Asylum? Special Issue: Mobility in a European Post-Crisis Scenario: Legislative Dynamics and Enforcement Challenges’, Utrecht Law Review 17(4): 31–44.
• Maru, M. T. (2021) ‘Migration Policy-Making in Africa: Determinants and Implications for Cooperation with Europe’, SSRN Electronic Journal, doi:10.2139/ssrn.3858532.
• Czaika, M., Erdal, M. B. and Talleraas, C. (2023) ‘Exploring Europe’s external migration policy mix: on the interactions of visa, readmission, and resettlement policies’, Journal of Ethnic and Migration Studies 49(12): 3140–3161.
• Armstrong, A. B. (2019) ‘You Shall Not Pass: How the Dublin System Fueled Fortress Europe’, Chicago Journal of International Law 20(2): 332–383.
• Cusumano, E., Fellow, J. M. and Villa, M. (n.d.) Sea Rescue NGOs: a Pull Factor of Irregular Migration?, 10.
• Léonard, S. and Kaunert, C. (2020) ‘The securitisation of migration in the European Union: Frontex and its evolving security practices’, Journal of Ethnic and Migration Studies 1–13
• Ferris, E. (2020) ‘Making Sense of Public Policy on Refugee Integration’, The ANNALS of the American Academy of Political and Social Science 690(1): 200–224.
• Koehler, C. and Schneider, J. (2019) ‘Young refugees in education: the particular challenges of school systems in Europe’, Comparative Migration Studies 7(1): 28.

 
STUDY-UNIT TYPE Seminar

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Presentation SEM1 No 25%
Workbook SEM1 Yes 25%
Assignment SEM1 Yes 50%

 
LECTURER/S Marta Migliorati

 

 
The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the description above applies to study-units available during the academic year 2024/5. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit