Admission requirements
Background in law
Sufficient command of English
Students should be familiar with the basics of international and European law.
Description
Migration is a much debated topic in Europe. Nowadays migration in and to Europe is for a large part governed by European Union law. The focus in this course will be on voluntary migration, as opposed to forced migration, which is discussed in the course European Asylum Law. For Member States of the European Union, the discretion to shape their own migration policy is limited by binding provisions of EU Law and human rights law. Freedom of movement of EU citizens and their family members has since long been a primary goal of the European Union. With the entry into force of the Treaty of Amsterdam in May 1999, legislation on immigration regarding third country nationals, has also become a subject of Union competence. The concept of a right to family life and private life as laid down in the European Convention on Human Rights has influenced as well national policies as the interpretation of EU Law. In this course EU Law and international law and their interaction will be discussed. The course program is, apart from an introductory lecture, divided into three parts: 1. Free movement of persons under EU law; 2. The ECHR and immigration law; and 3. Third country nationals in EU migration law.
This course is the first course on European Migration Law. The second course, European Asylum Law, is taught in the second half of this semester. Both courses are structured in a similar way. They can be followed both or separately.
Course objectives
The aim of this course is to provide students with knowledge and insight in the relation between the various levels of international and European migration law and their impact on individuals. Students learn to apply this knowledge to a migration case.
After having completed this course students must be able:
To discuss and analyse orally and in writing key questions concerning free movement of EU citizens and family migration, and
To solve a complex individual case on the basis of EU migration law and international law. To approach the case both from the viewpoint of the migrant and the viewpoint of the State. Students are expected to write a structured legal argumentation and research independently case-law and other relevant materials and apply it to the case.
Timetable
See timetable
Mode of instruction
Lectures
Number of (2 hour) lectures: 7
Names of lecturers: Mark Klaassen, Gerrie Lodder
Required preparation by students: reading the materials assigned in the prescribed literature and readers
Seminars
Number of (2 hour) seminars: 3
Names of instructors: Mark Klaassen, Gerrie Lodder
Required preparation by students: writing a paper (2x) and preparing an oral presentation based on this paper (1x)
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.
This course contains a practical exercise; attendance to all the lectures, seminars and group work sessions is compulsory. Non-compliance can lead to the exclusion of the student from the course. The course coordinator should be informed about missing a meeting in advance.
Assessment method
Writing two papers of approximately 2.000 words (80% (40% each))
One oral presentation (20%)
The students have to write two papers of approximately 2.000 words and give one oral presentation. For both the papers and the presentation, the students have to solve a complex case. The oral presentation is a pleading in a moot court setting. The two papers count for 40% each and the oral presentation for 20% of the final grade for the course.
Re-examination
Students with a final grade of 5 or lower, who have handed in all the two papers and gave the oral presentation, get the possibility two write one paper of approximately 5000 words. The topic of this paper will be decided by the instructor. The grade for this paper will replace the former grade for the course.
Reading list
Obligatory course materials
Literature:
P. Boeles, M. Den Heijer, G. Lodder & K. Wouters, ‘European Migration Law’, 2nd edition, Intersentia, 2014.
Additional academic articles (on Brightspace)
Legal texts (on Brightspace)
Case Law (on Brightspace
Recommended course materials
To be announced
Registration
Exchange students have priority and will be registered for the course first. Any remaining seats will be available for students from Leiden University and other Dutch Universities.
Students have to register for the lectures and working groups through uSis. With this registration you have access to the digital learning environment of this course in Brightspace. You may register up to 5 calendar days before the first teaching session begins.
Students have to register for exams and retakes through uSis. With this registration you also have access to the digital learning environment of this course in Brightspace You may register up to 10 calendar days before the exam or retake.
Contact details
Co-ordinator: Dr. M.A.K. Klaassen
Work address: KOG, room C1.02
Contact information: Monday-Thursday
Telephone number: +31 (0)71 527 7420
Institution/division
Institute: Public Law
Department: European Law
Room number secretary: B1.11
Telephone number secretary: +31 (0)71 527 3596