Prospectus

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European Asylum law

Course 2015-2016

Please note that the following description of the course is only provisional and therefore subject to change.

Admission requirements

  • Background in law
  • Sufficient command of English
  • Students should be familiar with the basics of international and European law.

Description

In the Member States of the European Union asylum is governed by international human rights treaties and European Union Law. Human rights play a predominant role in asylum law. Important treaties such as the Geneva Convention on the Status of Refugees, the European Convention on Human Rights, the UN Treaty Against Torture and the UN Treaty on the Rights of the Child are the foundation of asylum practices.
Increasingly, EU asylum law is shaping the asylum practices of EU member states.

This course can be followed in combination with European Migration Law or separately. The courses are organized in a similar manner.
The course program is, apart from an introductory lecture, divided into three parts each consisting of three sessions (two lectures and a seminar). In the introductory lecture the context of European asylum law and the instruments of relevant international refugee law and European asylum law will be discussed. The three following parts concern: 1. The qualification for international protection; 2. Access to Europe and its asylum procedures, and reception conditions and detention; and 3. The Dublin system and asylum procedures

Course objectives

The aim of this course is to provide you with knowledge and insight into the relation between the various levels of international and European asylum law and their impact on individuals. You will learn to apply this knowledge to asylum cases.

Achievement levels:
After having completed this course you are able:

  • To distinguish between EU law and international law and explain the relation between EU asylum law and the various instruments of international law and the way they interact in the abstract as well as in the context of a particular case.

  • To discuss and analyze, orally and in writing, key questions concerning who qualifies for international protection status under EU asylum law; access to the EU and its asylum procedures; reception conditions and detention; the Dublin system; and asylum procedures.

  • To solve complex individual cases on the basis of EU asylum law and international law. To approach the case both from the viewpoint of the asylum seeker and the viewpoint of the State. You are expected to write three papers, containing a structured legal argumentation and independently research case-law and other relevant materials (for example country of origin information) and apply it to concrete cases or issues.

After having completed this course you are able:

  • To distinguish between EU law and international law and explain the relation between EU asylum law and the various instruments of international law and the way they interact in the abstract as well as in the context of a particular case.

  • To discuss and analyze, orally and in writing, key questions concerning who qualifies for international protection status under EU asylum law; access to the EU and its asylum procedures; reception conditions and detention; the Dublin system; and asylum procedures.

  • To solve complex individual cases on the basis of EU asylum law and international law. To approach the case both from the viewpoint of the asylum seeker and the viewpoint of the State. You are expected to write three papers, containing a structured legal argumentation and independently research case-law and other relevant materials (for example country of origin information) and apply it to concrete cases or issues.

Timetable

See

Mode of instruction

Lectures

  • Number of (2 hour) lectures: 7
  • Names of lecturers: Stefan Kok and Mariana Gkliati
  • Required preparation by students: reading the materials assigned in the prescribed literature and readers

Seminars

  • Number of (2 hour) seminars: 3
  • Names of instructors: Stefan Kok and Mariana Gkliati
  • Required preparation by students: Writing a paper (3x) and active oral participation in the discussions.

Group work sessions

  • Number of (2 hour) sessions: 3
  • The group work sessions are intended to facilitate the group work. During the group work sessions, the different groups can work together in preparing their contribution for the seminar.
    Other methods of instruction
  • Guest lecture in combination with the course European Migration Law
  • Number (2 hour): 1
  • Names of instructors: to be announced

Assessment method

You have to write three papers of approximately 2000 words and give one oral presentation based on one of the written papers. For the papers you will have to solve a complex case or write an essay. The oral presentation is in the format of a moot court/debate session. The three papers count for 30% each of the final grade and the oral presentation for 10%.

Re-examination
Students with a final grade of 5,4 or lower who have handed in all three papers and have given the oral presentation, will be given the possibility two write one paper of approximately 5000 words. The topic of this paper will be discussed between the student and the teacher. The grade for this paper will replace the former grade.

Reading list

Obligatory course materials
Literature:

  • parts of: Pieter Boeles, Maarten den Heijer, Gerrie Lodder, Kees Wouter, ‘European Migration Law’,
  • additional articles (on Blackboard)
  • Legal texts (on Blackboard)
  • Case Law (on Blackboard)

Recommended course materials:

  • To be announced

Registration

Please contact the department.

Blackboard

More information on this course is offered in Blackboard.

Contact details

  • Co-ordinator: mr. S.G. Kok
  • Work address: KOG, room B0.05
  • Contact information: Monday-Thursday
  • Telephone number: +31 (0)71 527 1372
  • Email: s.g.kok@law.leidenuniv.nl

Institution/division

  • Institute: Public Law
  • Department: Institute of Immigration Law
  • Room number secretary: B121
  • Telephone number secretary: +31 (0)71 527 7535 (student assistant)
  • Email: immigrationlaw@law.leidenuniv.nl