119131 - GLOBAL SECURITY: GEOPOLITICS AND CONFLICT IN THE 21ST CENTURY
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9
-
-
Learning objectives
The course provides students with a basic knowledge of classical and contemporary geopolitics. Through a multi-sectoral and multi-scalar analysis, the course offers useful tools to analyse the theory and practice of the major international geopolitical actors.
The course has three major sections. The first one deals with the origins of geopolitics as a scientific discipline and the different currents of thought. The second one concerns the main current geopolitical issues, related to the concept of security that is at the heart of our course: migration, pandemic, environment and war. The third one includes seminars held by international professors on certain geopolitical topics, such as populism.
The goal is to understand the dynamics of the main global geopolitical crises and conflict: from the 2015 Europe’s refugee emergency to the pandemic and the Russian-Ukrainian war. A special focus is devoted to the geopolitics of environmental risks and migration routes with a comparison between the Euro-Mediterranean border and the US-Mexico border.
MODULE I
VALENTINA CASTRONUOVO
First Semester
4
SPS/04
Learning objectives
The course provides students with a basic knowledge of classical and contemporary geopolitics. Through a multi-sectoral and multi-scalar analysis, the course offers useful tools to analyse the theory and practice of the major international geopolitical actors.
The course has three major sections. The first one deals with the origins of geopolitics as a scientific discipline and the different currents of thought. The second one concerns the main current geopolitical issues, related to the concept of security that is at the heart of our course: migration, pandemic, environment and war. The third one includes seminars held by international professors on certain geopolitical topics, such as populism.
The goal is to understand the dynamics of the main global geopolitical crises and conflict: from the 2015 Europe’s refugee emergency to the pandemic and the Russian-Ukrainian war. A special focus is devoted to the geopolitics of environmental risks and migration routes with a comparison between the Euro-Mediterranean border and the US-Mexico border.
The course provides students with a basic knowledge of classical and contemporary geopolitics. Through a multi-sectoral and multi-scalar analysis, the course offers useful tools to analyse the theory and practice of the major international geopolitical actors.
The course has three major sections. The first one deals with the origins of geopolitics as a scientific discipline and the different currents of thought. The second one concerns the main current geopolitical issues, related to the concept of security that is at the heart of our course: migration, pandemic, environment and war. The third one includes seminars held by international professors on certain geopolitical topics, such as populism.
The goal is to understand the dynamics of the main global geopolitical crises and conflict: from the 2015 Europe’s refugee emergency to the pandemic and the Russian-Ukrainian war. A special focus is devoted to the geopolitics of environmental risks and migration routes with a comparison between the Euro-Mediterranean border and the US-Mexico border.
119133 - THE GLOBAL GOVERNANCE OF INTERNATIONAL SECURITY
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9
-
-
Learning objectives
The course aims to provide students with in-depth knowledges concerning the global governance of
international security. The first module focuses on international legal norms in the field of security,
in particular those relating to the use of force, the role of inernatonal organisations in the field of
security, the regulation of armed conflicts, and international criminal responsibility. Conversely, the
second module explores the impact on individuals of security measures adopted at international
level. The aim is to highlight the legal problems and dilemmas arising when an international
measure or decision is addressed not (only) to States but (also) to individuals. When this individual
impact occurs, the traditional dichotomy between international and domestic law becomes obsolete,
along with the corresponding guarantees and accountability tools. The resulting problems of
interactions between different sources of law (international, EU and national) will be analyzed
through the lenses of Global administrative law.
D1 - Knowledge and understanding
The course aims to provide the student with knowledge and understanding on the following
profiles:
1. The relevance of international law in regulating international security
2. The developments concerning the notion of security in international law and their legal effects
3. The role of international organizations in ensuring international security
4. The new role of international courts and tribunals in the field of security
5. the impact on individuals of security measures adopted at international level
6. the legal problems arising when an international measure is addressed to an individual
7. the problems arising from the interaction between different sources of law (international, EU and
national)
8. the contribution of Global administrative law to a better understanding of the interaction between
international and domestic security regimes.
D2 - Ability to apply knowledge and understanding
At the end of the course, the student should be able to:
1. find judgments of the International Court of Justice, the International Criminal Court, the
European Court of Human Rights and the Court of Justice of the EU on the subject, analyze and
interpret it through a correct identification of their rationale;
2. find and analyze, even critically, a jurisprudential decision of the International Court of Justice,
the International Criminal Court, the European Court of Human Rights and the Court of Justice of
the EU on the subject.
D3 - Autonomy of judgment
At the end of the course, the student should be able to solve concrete cases in the light of the
learned legal concepts as well as to read current events in the light of the various legal orders
relevant in the field of security, i.e. international, European, and national legal orders.
D4 - Communication skills
At the end of the course, the student will have to illustrate the problems and interactions referred to
in D1.
D5 - Learning Skills
At the end of the course, the student should be able to find and analyze independently the
international, European, and national legal norms on security as well as relevant case law.
MODULE I
FEDERICA PASSARINI
First Semester
6
IUS/13
Learning objectives
The course aims to provide students with in-depth knowledges concerning the global governance of
international security. The first module focuses on international legal norms in the field of security,
in particular those relating to the use of force, the role of inernatonal organisations in the field of
security, the regulation of armed conflicts, and international criminal responsibility. Conversely, the
second module explores the impact on individuals of security measures adopted at international
level. The aim is to highlight the legal problems and dilemmas arising when an international
measure or decision is addressed not (only) to States but (also) to individuals. When this individual
impact occurs, the traditional dichotomy between international and domestic law becomes obsolete,
along with the corresponding guarantees and accountability tools. The resulting problems of
interactions between different sources of law (international, EU and national) will be analyzed
through the lenses of Global administrative law.
D1 - Knowledge and understanding
The course aims to provide the student with knowledge and understanding on the following
profiles:
1. The relevance of international law in regulating international security
2. The developments concerning the notion of security in international law and their legal effects
3. The role of international organizations in ensuring international security
4. The new role of international courts and tribunals in the field of security
5. the impact on individuals of security measures adopted at international level
6. the legal problems arising when an international measure is addressed to an individual
7. the problems arising from the interaction between different sources of law (international, EU and
national)
8. the contribution of Global administrative law to a better understanding of the interaction between
international and domestic security regimes.
D2 - Ability to apply knowledge and understanding
At the end of the course, the student should be able to:
1. find judgments of the International Court of Justice, the International Criminal Court, the
European Court of Human Rights and the Court of Justice of the EU on the subject, analyze and
interpret it through a correct identification of their rationale;
2. find and analyze, even critically, a jurisprudential decision of the International Court of Justice,
the International Criminal Court, the European Court of Human Rights and the Court of Justice of
the EU on the subject.
D3 - Autonomy of judgment
At the end of the course, the student should be able to solve concrete cases in the light of the
learned legal concepts as well as to read current events in the light of the various legal orders
relevant in the field of security, i.e. international, European, and national legal orders.
D4 - Communication skills
At the end of the course, the student will have to illustrate the problems and interactions referred to
in D1.
D5 - Learning Skills
At the end of the course, the student should be able to find and analyze independently the
international, European, and national legal norms on security as well as relevant case law.
Module 1
1) PROHIBITION TO USE FORCE AND THE RIGHT OF SELF-DEFENCE
i. Introductory lecture: international society and the notion of “security” in international law
ii. The prohibition to use force
iii. The right of self-defence (preventative self-defence)
iv. Self-defence against non-state actors and collective self-defense
v. The use of force against terrorists
2) THE USE OF FORCE UNDER THE AUSPICES OF THE UNITED NATIONS
i. The UN, its organs; the role of the General Assembly in the security field
ii. The UN Security Council: Chapter VI and Chapter VII: art. 41 (sanctions)
iii. Chapter VII: peace-keeping operations and authorizations to use force
iv. The UN Charter, Chapter VIII: regional organizations and the use of force; focus on NATO
v. Humanitarian intervention and other alleged exceptions to the prohibition to use force
3) THE ROLE OF INTERNATIONAL COURTS IN THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY
i. The International Court of Justice
iii. The international criminal justice
iv. The International Criminal Court
examMode
The assessment test is written and will contain a series of questions designed to ascertain the theoretical knowledge acquired by the student on the issues illustrated in the lecture or set out in the book. Attending students will be asked two questions to be answered in one hour, while non-attending students will be asked three questions to be answered in one and a half hours. This distinction is due to the fact that attending students are also assessed for their participation in class.
books
Attending students:
- R. Buchan, N. Tsagourias, Regulating the use of force in international law : stability and change, Edward Elgar Publishing, 2021 (excluded
Chapter 9)
- Shabtal Rosenne, International Court of Justice, MPEPIL (the paper will be uploaded on moodle)
- Dire Tladi, International Criminal Court, MPEPIL (the paper will be uploaded on moodle)
Non attending students:
- R. Buchan, N. Tsagourias, Regulating the use of force in international law : stability and change, Edward Elgar Publishing, 2021
- Shabtal Rosenne, International Court of Justice, MPEPIL (the paper will be uploaded on moodle)
- Dire Tladi, International Criminal Court, MPEPIL (the paper will be uploaded on moodle)
mode
Lessons will be face-to-face. There will be traditional lectures in which the professor explains the main international security issues. In addition, there will be discussions in class concerning academic articles and practical cases
classRoomMode
Students are free to choose whether or not to attend the course. However, attendance is especially recommended to facilitate class discussions on academic papers and practical cases. Attending students are encouraged to actively participate in class and will also be assessed for their participation in class.
MODULE II
FEDERICA PASSARINI
First Semester
3
IUS/10
Learning objectives
The course aims to provide students with in-depth knowledges concerning the global governance of
international security. The first module focuses on international legal norms in the field of security,
in particular those relating to the use of force, the role of inernatonal organisations in the field of
security, the regulation of armed conflicts, and international criminal responsibility. Conversely, the
second module explores the impact on individuals of security measures adopted at international
level. The aim is to highlight the legal problems and dilemmas arising when an international
measure or decision is addressed not (only) to States but (also) to individuals. When this individual
impact occurs, the traditional dichotomy between international and domestic law becomes obsolete,
along with the corresponding guarantees and accountability tools. The resulting problems of
interactions between different sources of law (international, EU and national) will be analyzed
through the lenses of Global administrative law.
D1 - Knowledge and understanding
The course aims to provide the student with knowledge and understanding on the following
profiles:
1. The relevance of international law in regulating international security
2. The developments concerning the notion of security in international law and their legal effects
3. The role of international organizations in ensuring international security
4. The new role of international courts and tribunals in the field of security
5. the impact on individuals of security measures adopted at international level
6. the legal problems arising when an international measure is addressed to an individual
7. the problems arising from the interaction between different sources of law (international, EU and
national)
8. the contribution of Global administrative law to a better understanding of the interaction between
international and domestic security regimes.
D2 - Ability to apply knowledge and understanding
At the end of the course, the student should be able to:
1. find judgments of the International Court of Justice, the International Criminal Court, the
European Court of Human Rights and the Court of Justice of the EU on the subject, analyze and
interpret it through a correct identification of their rationale;
2. find and analyze, even critically, a jurisprudential decision of the International Court of Justice,
the International Criminal Court, the European Court of Human Rights and the Court of Justice of
the EU on the subject.
D3 - Autonomy of judgment
At the end of the course, the student should be able to solve concrete cases in the light of the
learned legal concepts as well as to read current events in the light of the various legal orders
relevant in the field of security, i.e. international, European, and national legal orders.
D4 - Communication skills
At the end of the course, the student will have to illustrate the problems and interactions referred to
in D1.
D5 - Learning Skills
At the end of the course, the student should be able to find and analyze independently the
international, European, and national legal norms on security as well as relevant case law.
119134 - SECURITY AND INDIVIDUAL LIBERTIES IN COMPARATIVE PERSPECTIVE
FABIO PACINI
First Semester
6
IUS/09
Learning objectives
The course aims to provide - from a public law perspective - an overview of the different ways in which state systems deal with the main issues concerning the balance between security (in its various forms) and individual rights and freedoms.
The course is divided into two parts.
The first part will be dedicated to an introduction to the multilevel system of protection of rights and individual liberties; the main concepts of comparative constitutional law will be discussed, focusing on the interaction between different legal systems.
The second module will be devoted to the analysis and seminar discussion of specific topics.
examMode
The results are verified by oral examination. Both the knowledge acquired and the ability to express oneself, mastering the vocabulary of the discipline, will be assessed. The pass mark is achieved by demonstrating that at least the basic vocabulary and notions of the discipline have been acquired.
books
To prepare for the exam, students are advised to study the textbook indicated below, as well as the materials indicated and provided during classes:
R. Masterman e R. Schutze (eds.), The Cambridge Companion To Comparative Constitutional Law, CUP, 2019 (indicated chapters only): Part I, ch. 2; Part III, chs. 8, 9, 10 e 11; Part IV, ch. 16; Part V, ch. 20.
Attending students may take a seminar-based test according to the instructions that will be provided during the course.
mode
Blended. The course is based on both frontal lessons and the discussion of specific issues or cases.
classRoomMode
The course is based on both frontal lessons and the discussion of specific issues
bibliography
See the materials indicated and provided during classes.
119135 - STRATEGIES OF CRIMINALISATION AND PROCESSES OF RADICALISATION: SOCIOLOGICAL APPROACHES
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6
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-
Learning objectives
This module provides a critical examination of the factors and mechanisms that can either increase or reduce the likelihood of individuals' engagement or re-engagement in extremism and terrorism. Through a multidisciplinary approach that incorporates psychology, sociology, and political science, students will gain a comprehensive understanding of the principal approaches to contemporary research in radicalisation studies. They will develop a strong foundation in key theories and empirical developments in extant literature, while also gaining an holistic understanding of the limitations and methodological challenges associated with this field of study.
MODULEI
First Semester
3
SPS/11
Learning objectives
This module provides a critical examination of the factors and mechanisms that can either increase or reduce the likelihood of individuals' engagement or re-engagement in extremism and terrorism. Through a multidisciplinary approach that incorporates psychology, sociology, and political science, students will gain a comprehensive understanding of the principal approaches to contemporary research in radicalisation studies. They will develop a strong foundation in key theories and empirical developments in extant literature, while also gaining an holistic understanding of the limitations and methodological challenges associated with this field of study.
MODULE II
First Semester
3
SPS/12
Learning objectives
This module provides a critical examination of the factors and mechanisms that can either increase or reduce the likelihood of individuals' engagement or re-engagement in extremism and terrorism. Through a multidisciplinary approach that incorporates psychology, sociology, and political science, students will gain a comprehensive understanding of the principal approaches to contemporary research in radicalisation studies. They will develop a strong foundation in key theories and empirical developments in extant literature, while also gaining an holistic understanding of the limitations and methodological challenges associated with this field of study.
119136 - NEW GLOBAL THREATS AND CRIMINAL LAW: PHENOMENA, CHALLENGES AND LEGAL RESPONSES
CARLO SOTISLEONARDO ROMANO'
Second Semester
9
IUS/17
Learning objectives
The course aims at providing students with a in depth knowledge of the criminal responses to the challenges posed by criminality on a global scale. It covers the analysis of the main manifestations of international criminality (transnational organised crime, human traffic and migrants’ smuggling, terrorism, economic criminality, environmental crimes), as well as the national and international strategies for their prevention and repression, assessing their forms and tendencies, also in the light of the growing importance of the objective of the economic sustainability of the criminal response.
In addition, the course aims to equip students with appropriate tools to interpret legal complexity and develop their ability to carry out legal research and solve concrete cases involving fundamental issues of International, Transnational and European criminal law.
The course focuses on the aspects of digital evidence that may be incompatible with individual human rights guarantees (in both the domestic, and EU law, and not EU law), such as privacy and social relationships, focusing on civil procedural law. The course further aims at providing practical knowledge for the acquisition of digital evidence in compliance with human rights.
Knowledge and Understanding
At the end of the course students are expected to have acquired full knowledge and understanding of the framework of issues relating to digital evidence and their interaction with individual human rights guarantees, at the different legal system in which their protection is articulated.
Applying knowledge and understanding
At the end of the course students are expected on one side to have acquired the skills to interpret the digital evidence law sources and to make links between the relevant institutions and on the other side to have acquired the understanding of the doctrinal and jurisprudential opinions on the main issues in digital evidence. With reference to this learning objective, supplementary didactics and directed studies will be provided.
Making judgements
At the end of the course students are expected to have acquired both skills of making judgements about the application of the main procedural and substantive institutions involved in the taking of evidence, in the different legal systems analysed. With reference to this learning objective, supplementary didactics and directed study will be provided.
Communication skills
At the end of the course students are expected to be able to communicate the acquired knowledges using the specific language so as to be understood also by specialized counterparties and consultants.
Learning skills
At the end of the course students are expected to be able to carry on with digital evidence studies and to orientate themselves also dealing with the changing of civil procedure rules.
1. Privacy as human right in EU
2. Right to proof as human right in EU
3. Taking of evidence and privacy issues in EU
4. Digital evidence and privacy issues in EU
5. Privacy and taking of evidence in USA
6. Privacy and taking of evidence in China
7. Digital evidence in US discovery
8. Taking of digital evidence in transnational litigation and privacy issues
9. Law cases
For non-attending students, the exam will be oral and will cover the following essays:
1. The Legal Concept of Evidence
2. The Use of Electronic Evidence in the European Area of Freedom, Security, and Justice
3. Normalising the use of electronic evidence: Bringing technology use into a familiar normative path in civil procedure
4. Certification, registration and assessment of digital forensic experts: The UK experience
5. Computer-Based Discovery in Federal Civil Litigation
6. Digital Evidence in Domestic Core International Crimes Prosecutions
7. Expert Evidence and Digital Open Source Information
8. Applications of Artificial Intelligence in the Production and Use of Digital Documents and Electronic Evidence as Proof in Civil and Criminal Litigation
examMode
Attending-students:
The assessment is by written exam: 16 multiple-choice questions and 2 short essay questions
Not-attending-students:
The assessment is by written exam. The knowledge of the main subjects is verified through general questions. In answering, the student must be able to show an adequate knowledge of the basic principles and main subjects, as well as understanding the purposes of the legal regulation. The student must show the ability to understand the rational of principles and legal regulation, demonstrating her/his/ own arguing and reasoning skills.
books
For attendig students, the lecture course is based on relevant part of hand-books, articles and law cases. The relevant material will be specified at the beginning of the lectures.
For non-attending students, the reference material is as follows:
- Shamsollah Shaliga, Tayyeb Arefnia, Mehdi Mohammadian Amiri, Applications of Artificial Intelligence in the Production and Use of Digital Documents and Electronic Evidence as Proof in Civil and Criminal Litigation, in Legal Studies in Digital Age, Vol. 3, No. 2, 2024, 10 ss.;
Peter Sommer, Certification, registration and assessment of digital forensic experts: The UK experience, in Digital Investigation, 8, 2011, 98 ss.;
- Kenneth J. Withers, Computer-Based Discovery in Federal Civil Litigation, in in the Federal Courts Law Review at
www.fedjudge.org;
- Karolina Aksamitowska, Digital Evidence in Domestic Core International Crimes Prosecutions, in Journal of International Criminal Justice 19 (2021), 189 ss.;
- Matthew Gillett, Wallace Fan, Expert Evidence and Digital Open Source Information, in Journal of International Criminal Justice 21 (2023), 661 ss.;
- Elena Alina Onţanu, Normalising the use of electronic evidence: Bringing technology use into a familiar normative path in civil procedure, in OÑATI SOCIO-LEGAL SERIES VOLUME 12, ISSUE 3 (2022), 582 ss.;
- Hock Lai, "The Legal Concept of Evidence", The Stanford Encyclopedia of Philosophy (Winter 2021 Edition), Edward N. Zalta (ed.), URL = <https://plato.stanford.edu/archives/win2021/entries/evidence-legal/>;
- Adam Juszczak, Elisa Sason, The Use of Electronic Evidence in the European Area of Freedom, Security, and Justice, in https://eucrim.eu/articles/the-use-of-electronic-evidence-in-the-european-area-of-freedom-security-and-justice/#:~:text=With%20its%20new%20e%2Devidence,principle%2C%20the%20need%20to%20involve.
mode
The course is structured in lectures, which are also held remotely. Supplementary lectures are also provided, during which clarifications are offered on the more complex issues raised by the use of digital tools in the taking of evidence.
classRoomMode
The course is structured in lectures, which are also held remotely. Supplementary lectures are also provided, during which clarifications are offered on the more complex issues raised by the use of digital tools in the taking of evidence.
bibliography
For attending students, the bibliography will be established at the beginning of the course.
For non-attending students, the reference bibliography is as follows:
- Rebecca A. Delfino, Deepfakes on Trial: A Call To Expand the Trial Judge's Gatekeeping Role To Protect Legal Proceedings from Technological Fakery, 74 Hastings L.J. 293;
- Andrew Guthrie Ferguson, Digital Habit Evidence, 72 Duke L.J. 724;
- European Committee on Legal Co-Operation (CDCJ), The Use Of Electronic Evidence in Civil And Administative Law Proceedings And its Effect on The Rules Of Evidence And Modes Of Proof, 26 July 2016;
- Daniel Brantes, Digital Evidence: The Admissibility of Leaked and Hacked Evidence in Arbitration Proceedings, International Journal Semiotics Law Revue internationale Sémiotique juridique, May 2023;
- Maria Angela Biasiotti, Mattia Epifani, Fabrizio Turchi, The Evidence Project: Bridging the Gap in The Exchange Of Digital Evidence Across Europe, Proceedings of 10th Intl. Conference on Systematic Approaches to Digital Forensic Engineering;
- European e-Justice Portale, Taking of Evidence – Italy;
- ICO, Overview of the General Data Protection Regulation (GDPR);
- Jessica Shurson, Data protection and law enforcement access to digital evidence: resolving the reciprocal conflicts between EU and US law, International Journal of Law and Information Technology, 2020, 28, 167–18.
HUMAN RIGHTS AND SECURITY IN EU CRIMINAL INVESTIGATIONS
FRANCESCO SANVITALE
First Semester
6
IUS/16
Learning objectives
The course offers an overview of the development of the European Area of Freedom, Security and Justice, discussing its fundamental principles. Particular attention will be devoted to the study of European sources safeguarding human rights in criminal proceedings.
The interplay and conflict between human rights and security, particularly at the investigative stage, will emerge through the direct analysis of concrete cases and the study of the main issues underlying the EU Directives on procedural safeguards in criminal proceedings.
First part: the European legal framework for the protection of human rights in criminal proceedings
1. Introduction: what is criminal law? What is criminal procedure? How are they connected to rights and security? The issues of globalization in the criminal context and of trans-national crime
2. Council of Europe system, the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR)
3. European Union (EU) system, the Court of Justice of the EU (CJEU), the Area of Freedom, Security and Justice (AFSJ)
4. EU Criminal Procedure. European Arrest Warrant (EAW) and European Investigation Order (EIO)
5. Comparison and connections between systems, Courts and types of judgments. The right to a fair trial in Art. 6 ECHR and the Directives on procedural safeguards in criminal proceedings
Second part: human rights in criminal proceedings
6. Prohibition of torture: Case-study workshop trial - ECtHR, 1 June 2010, Gäfgen v. Germany
7. The right of access to a lawyer (Directive 2013/48/EU) - Case-study workshop trial (ECtHR, Salduz and ECtHR, Ibrahim)
8. Presumption of innocence and the right against self-incrimination (Directive 2016/343/EU)
9. Right to respect for private and family life
10. Right to interpretation and translation
11. Right to information and participation at criminal trials
12. Rights of victims: Directive 2012/29/EU and the restorative justice challenge
Third part: case-study workshops and summary of the course
13. Case-study workshop: CJEU, 12 December 2019, JR and YC (EAW); CJEU, 8 December 2020, A and Others (EIO)
14. Case-study workshop: ECtHR, 30 December 2014, Georgiev v. Bulgaria; ECtHR, 23 August 2019, Kanciał v. Poland (prohibition of torture)
15. Case-study workshop: ECtHR, 25 February 1993, Funke v. France; ECtHR, 17 December 1996, Saunders v. United Kingdom (presumption of innocence)
16. Case-study workshop: CJEU, 2 October 2018, Ministerio Fiscal (right to respect for private and family life)
17. Case-study workshop: CJEU, 15 October 2015, Covaci; CJEU, 5 June 2018, Kolev (rights to interpretation, translation, information)
18. Summary of the cases and glossary
examMode
The final grade is given on the basis of an oral test, in-class presentations during workshops and active participation in class.
books
The Cambridge Companion to European Criminal Law, ed. by K. Ambos and P. Rackow, Cambridge University Press, 2023, Chapters 1, 2, 3, 5 and 10;
G. Illuminati, General Principles of Criminal Procedures, in Elgar Encyclopedia of Crime and Criminal Justice, Elgar Publishing, 2022
mode
Classroom will be in person on Monday (3 pm - 5 pm) and Tuesday (11 am - 1 pm); online on Wednesday (3 pm - 5 pm).
The course will begin with an introduction to criminal law and criminal procedure in the European system, with a focus on the intersections between the Council of Europe and the European Union system. Since many judgments of the Court of Justice of the European Union and the European Court of Human Rights will be analyzed, an insight into the powers of such Courts will be provided too.
Then, the course will be organized on the basis of the different human rights under consideration. They will be selected mainly on the basis of those ones protected by the EU Directives on procedural safeguards in criminal proceedings, to which it will be paid special attention. The rights of victims during criminal investigations are part of the list.
A first evaluation of the students will be given through workshops in class. The students will be divided into groups and each group will be assigned a case. The group will present its case with the help of PowerPoint to the other students and answer their questions. During the course, an example of the required work will be provided, through a “case-study workshop trial”.
The judgments that will be analyzed during the course are landmark cases from the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, concerning pivotal aspects of contemporary European criminal procedure.
At the end of the course, a summary of the main findings of the analyzed case-law, as well as a glossary of the key-terms learned during it, will be assessed in class together with the students. Active participation of the students, although expected in every class, will be assessed especially in this last class, where a basic knowledge of the main topics studied during the course will be required.
ENGLISH FOR INTERNATIONAL RELATIONS AND HUMAN RIGHTS
CARLA FUSCO
First Semester
6
L-LIN/12
Learning objectives
The course aims at providing the students with the knowledge of the terminology of the domain selected, e.g. English for International Relations and Human Rights. The students will be encouraged to give their interpretation of the texts discussed during the lessons, and subsequently will be asked to focus on writing activities related to this specific field and to carry on individual and/or group research. At the end of the course, the students will have developed their critical skills in reading and understanding the texts and their topics; they will be able to identify the most suitable terminology and language for the most common communicative situations in different international work environments.
After attending the course, students will be able to: develop and/or apply original ideas, often in a research context (knowledge and understanding); solve problems in new or unfamiliar areas, inserted in broader or interdisciplinary contexts (applying knowledge and understanding); integrate knowledge and manage complexity, and formulate judgments even with incomplete data (making judgments); communicate their conclusions and knowledge to specialist and non-specialist audiences (communication skills) and study in a largely self-directed or autonomous way (learning skills).
119143 - APPROACHES TO THE GOVERNANCE OF MIGRATION IN THE EURO-MEDITERRANEAN CONTEXT
FRANCESCA RONDINE
First Semester
6
SPS/04
Learning objectives
The course investigates the legal concerns and socio-political issues of migration governance in the Euro-Mediterranean context to provide students with the tools to deal with a multi-layered scenario involving several actors pursuing different aims. The European Union and its Member States, non-EU countries and private subjects are all crucial parts of the migration management in the Mediterranean basin. In light of these complexities, the course illustrates from an interdisciplinary perspective the mixed nature of the relationships intercurring between all these parties to forecast the possible development of migration governance issues in the Mediterranean scenario
Introduction; security and migration; digital borders; SAR; smuggling; criminalisation humanitarian activities; externalisation; EU-third countries agreements; Frontex; privatisation; instrumentalisation; future developments.
examMode
The assessment is based on a written examination consisting of 22 multiple-choice questions and 2 open-ended questions. The final mark will be determined by the sum of the marks awarded to the answers provided by the students. In particular, each multiple-choice question will be awarded 1 point if the answer is correct, 0 points if the answer is incorrect. Each open-ended question will instead be assessed by awarding a maximum of 4 points to each answer.
books
E. Tsourdi, P. De Bruycker, ‘The evolving EU asylum and migration law’
in E. Tsourdi, P. De Bruycker (eds.), Research Handbook on EU
Migration and Asylum Law, (2022) Edward Elgar Publishing, 1-55.
• E. Frasca, F.L. Gatta, ‘Ebbs and flows of EU migration law and
governance: a critical assessment of the evolution of migration
legislation and policy in Europe’, (2022) 24 European Journal of
Migration and Law, 56-85J. Huysmans, ‘The European Union and the securitization of
migration’, (2000) 38 (5) Journal of Common and Market Studies, 751-
777.
• D. Bigo, ‘Security and immigration: toward a critique of the
governmentality of unease’, (2002) 27 Alternatives, 63-92.
• S. Panebianco, ‘Human security at the Mediterranean borders:
humanitarian discourse in the EU periphery’, (2022) 59 International
Politics, 428-448
R. Bellanova, D. Duez, ‘The making (sense) of Eurosur: how to control
the sea borders?’, in R. Bossong, H. Carrapico (eds.), EU borders and
shifting internal security, (2016) Springer, 23-44.
• M.G. Jumbert, ‘Control or rescue at sea? Aims and limits of border
surveillance technologies in the Mediterranean sea’, (2018) 42 (4)
Disasters, 674-696.
• B. Oliveira Martins, M.G. Jumbert, ‘EU border technologies and the
co-production of “security” problems and “solutions”, (2022) 48
Journal of Ethnic and Migration Studies, 1430-1447.
V. Moreno-Lax, M. Lemberg-Pedersen, ‘Border-induced
displacement: the ethical and legal implications of distance-creation
through externalization’, (2019) 56 Questions of international Law,
Zoom-in, 5-33.
• P. Müller, P. Slominski, ‘Breaking the legal link but not the law? The
externalization of EU migration control through orchestration in the
Central Mediterranean’, (2021) 28 (6) Journal of European Public
Policy, 801-820.
• S. Panebianco, ‘The EU and migration in the Mediterranean: EU
borders’control by proxy’, (2022) 48 (17) Journal of Ethnic and
Migration Studies, 1398-1416.
J. Poon, ‘EU-Turkey deal: violation of, or consistency with,
International Law?’, (2016) 1 (3) European Papers, 1195-1203.
• D. Dagi, ‘The EU-Turkey migration deal: performance and prospects’,
25 (2) European Foreign Affairs Review, 197-216.
• A. Casaglia, A. Pacciardi, ‘A close look at the EU-Turkey deal: the
language of border externalization’, (2022) 40 (8) Environment and
Planning C: Politics and Space, 1659-1676.
• J-P. Cassarino, ‘The instrumentalization of migration in the Euro-
Mediterranean Area: between past and present’, (2021) IEMed
Mediterranean Yearbook 2021.
• A. Fakhry and others, ‘Migration instrumentalization: a taxonomy for
an efficient response’, (2022) Hybrid CoE Working Paper 14
M. Gkliati, J. Kilkpatrick, ‘Crying wolf too many times: the impact of
the emergency narrative on transparency in Frontex joint
operations’, (2021) 17 (4) Utrecht Law Review, 57-72.
• S. Leonard, C. Kaunert, ‘The securitization of migration in the
European Union: Frontex and its evolving security practices’, (2022)
48 (17) Journal of Ethnic and Migration Studies, 1417 – 1429.
• N. Perkowski and others, ‘The evolution of European border
governance through crisis: Frontex and the interplay of protracted
and acute crisis narratives’, (2023) 41 (1) Environment and Planning
D: Society and Space, 110-129.
• P. Cutitta, ‘Repoliticizaton through search and rescue? Humanitarian
NGOs and migration management in the Central Mediterranean’,
(2018) 23 Geopolitics, 632-660.
• D. Davitti, ‘The rise of private military and security companies in
European Union migration policies: implications under the UNGPs’,
(2019) 4 (1) Business and Human Rights Journal, 33-53.
• A. Pacciardi, J. Berndtsson, ‘EU border externalization and security
outsourcing: exploring the migration industry in Libya’, (2022) 48 (17)
Journal of Ethnic and Migration Studies, 4010 – 4028.
• V. Moreno Lax, ‘Hirsi Jamaa and others v. Italy or the Strasbourg Court
versus extraterritorial migration control?’ (2012) 12 (3) Human Rights
Law Review, 574-598.
• J. Barnes, ‘Torturous journeys: cruelty, International Law, and
pushbacks and pullbacks over the Mediterranean Sea’, (2022) 48 (3)
Review of International Studies, 441-460.
• F.R. Partipilo, ‘Push-backs and International Law violations at Greek
borders’, (2023) ADiM Blog.
• D. Thym, ‘European realpolitik: legislative uncertainties and
operational pitfalls of the New Pact on Migration and Asylum’, (2020)
eumigrationlawblog.eu.
• T. Gazi, ‘The New Pact on Migration and Asylum: supporting or
constraining rights of vulnerable groups?’, (2021) 6 (1) European
Papers, 167-175.
• P. De Bruycker, ‘The New Pact on Migration and Asylum: what is not
and what it could have been’, (2022) nomos e-library
classRoomMode
Non compulsory. In presence or online.
bibliography
E. Tsourdi, P. De Bruycker, ‘The evolving EU asylum and migration law’
in E. Tsourdi, P. De Bruycker (eds.), Research Handbook on EU
Migration and Asylum Law, (2022) Edward Elgar Publishing, 1-55.
• E. Frasca, F.L. Gatta, ‘Ebbs and flows of EU migration law and
governance: a critical assessment of the evolution of migration
legislation and policy in Europe’, (2022) 24 European Journal of
Migration and Law, 56-85J. Huysmans, ‘The European Union and the securitization of
migration’, (2000) 38 (5) Journal of Common and Market Studies, 751-
777.
• D. Bigo, ‘Security and immigration: toward a critique of the
governmentality of unease’, (2002) 27 Alternatives, 63-92.
• S. Panebianco, ‘Human security at the Mediterranean borders:
humanitarian discourse in the EU periphery’, (2022) 59 International
Politics, 428-448
R. Bellanova, D. Duez, ‘The making (sense) of Eurosur: how to control
the sea borders?’, in R. Bossong, H. Carrapico (eds.), EU borders and
shifting internal security, (2016) Springer, 23-44.
• M.G. Jumbert, ‘Control or rescue at sea? Aims and limits of border
surveillance technologies in the Mediterranean sea’, (2018) 42 (4)
Disasters, 674-696.
• B. Oliveira Martins, M.G. Jumbert, ‘EU border technologies and the
co-production of “security” problems and “solutions”, (2022) 48
Journal of Ethnic and Migration Studies, 1430-1447.
V. Moreno-Lax, M. Lemberg-Pedersen, ‘Border-induced
displacement: the ethical and legal implications of distance-creation
through externalization’, (2019) 56 Questions of international Law,
Zoom-in, 5-33.
• P. Müller, P. Slominski, ‘Breaking the legal link but not the law? The
externalization of EU migration control through orchestration in the
Central Mediterranean’, (2021) 28 (6) Journal of European Public
Policy, 801-820.
• S. Panebianco, ‘The EU and migration in the Mediterranean: EU
borders’control by proxy’, (2022) 48 (17) Journal of Ethnic and
Migration Studies, 1398-1416.
J. Poon, ‘EU-Turkey deal: violation of, or consistency with,
International Law?’, (2016) 1 (3) European Papers, 1195-1203.
• D. Dagi, ‘The EU-Turkey migration deal: performance and prospects’,
25 (2) European Foreign Affairs Review, 197-216.
• A. Casaglia, A. Pacciardi, ‘A close look at the EU-Turkey deal: the
language of border externalization’, (2022) 40 (8) Environment and
Planning C: Politics and Space, 1659-1676.
• J-P. Cassarino, ‘The instrumentalization of migration in the Euro-
Mediterranean Area: between past and present’, (2021) IEMed
Mediterranean Yearbook 2021.
• A. Fakhry and others, ‘Migration instrumentalization: a taxonomy for
an efficient response’, (2022) Hybrid CoE Working Paper 14
M. Gkliati, J. Kilkpatrick, ‘Crying wolf too many times: the impact of
the emergency narrative on transparency in Frontex joint
operations’, (2021) 17 (4) Utrecht Law Review, 57-72.
• S. Leonard, C. Kaunert, ‘The securitization of migration in the
European Union: Frontex and its evolving security practices’, (2022)
48 (17) Journal of Ethnic and Migration Studies, 1417 – 1429.
• N. Perkowski and others, ‘The evolution of European border
governance through crisis: Frontex and the interplay of protracted
and acute crisis narratives’, (2023) 41 (1) Environment and Planning
D: Society and Space, 110-129.
• P. Cutitta, ‘Repoliticizaton through search and rescue? Humanitarian
NGOs and migration management in the Central Mediterranean’,
(2018) 23 Geopolitics, 632-660.
• D. Davitti, ‘The rise of private military and security companies in
European Union migration policies: implications under the UNGPs’,
(2019) 4 (1) Business and Human Rights Journal, 33-53.
• A. Pacciardi, J. Berndtsson, ‘EU border externalization and security
outsourcing: exploring the migration industry in Libya’, (2022) 48 (17)
Journal of Ethnic and Migration Studies, 4010 – 4028.
• V. Moreno Lax, ‘Hirsi Jamaa and others v. Italy or the Strasbourg Court
versus extraterritorial migration control?’ (2012) 12 (3) Human Rights
Law Review, 574-598.
• J. Barnes, ‘Torturous journeys: cruelty, International Law, and
pushbacks and pullbacks over the Mediterranean Sea’, (2022) 48 (3)
Review of International Studies, 441-460.
• F.R. Partipilo, ‘Push-backs and International Law violations at Greek
borders’, (2023) ADiM Blog.
• D. Thym, ‘European realpolitik: legislative uncertainties and
operational pitfalls of the New Pact on Migration and Asylum’, (2020)
eumigrationlawblog.eu.
• T. Gazi, ‘The New Pact on Migration and Asylum: supporting or
constraining rights of vulnerable groups?’, (2021) 6 (1) European
Papers, 167-175.
• P. De Bruycker, ‘The New Pact on Migration and Asylum: what is not
and what it could have been’, (2022) nomos e-library
119144 - HUMAN MOBILITY, ASYLUM AND BORDER MANAGEMENT: CHALLENGES TO FUNDAMENTAL RIGHTS IN EUROPE
-
9
-
-
Learning objectives
The course aims to illustrate and analyse the European Union's immigration and asylum policies. In the second module, special attention will be paid to the functioning of the Common European Asylum System and international protection standards and the balance between solidarity and responsibility in Dublin cooperation.
MODULE I
DANIELA VITIELLO
Second Semester
6
IUS/14
Learning objectives
The course aims to illustrate and analyse the European Union's immigration and asylum policies. The first module focuses on the different statuses enjoyed by third-country nationals in relation to European citizens, with a special focus on the rights related to the enjoyment of freedom of movement in the European Union legal system. In addition, the first module traces the evolution of European immigration and integrated management of external borders policies, including their external dimension.
The course aims to illustrate and analyse the legal framework of different forms of human mobility within and into the European Union, looking at the interaction between the treatment and legal status of migrants and refugees within the Area of Freedom, Security and Justice (AFSJ) and the management of the EU's internal/external borders. By linking the treatment of these categories of third-country nationals to the EU's integrated border management system, the course aims to shed light on how the latter interferes with the enjoyment of fundamental rights by non-Europeans and, consequently, on the fragmentation of the statuses of third-country nationals within the AFSJ. The ultimate aim of the course is to provide students with a taxonomy of migration conditions ranging from the actual mobility status enjoyed by EU citizens and their family members to the non-mobility status imposed on asylum seekers, highlighting the main legal issues related to this way of regulating human mobility, also in the light of the reform of the New Pact on Migration and Asylum.
Specifically, Module I of the course introduces students to the key concepts of human mobility, freedom of movement, Schengen cooperation, the Area of Freedom, Security and Justice (AFSJ), the Common Immigration Policy and the Common European Asylum System (CEAS), and the Global Approach to Migration and Mobility (GAMM), providing the hermeneutic tools to understand and articulate the interaction between these areas of EU competence and the integrated management of its external borders.
examMode
ATTENDING STUDENTS
The final exam grade consists of three elements: (i) evaluation of active participation in the lectures and in-class training sessions; (ii) evaluation of the in-class group/training activities; (iii) evaluation of the final written assignment, generally in the form of a short essay on a central legal issue or a case law commentary. In order to pass the examination as an attending student, it is necessary to guarantee attendance (also remotely) at 90% of the lectures and to participate in all the training sessions, as well as to hand in the short essay or case law commentary by the deadline indicated by the professor. The outcome of the examination will be communicated and recorded as a result of the correction of the writing assignment. The grade will be expressed in thirtieths and will therefore result from the level of knowledge of basic topics. The student's mastery of the topics covered in the course, reasoning and argumentation skills, the ability to study case law in depth, the level of knowledge acquired and the ability to present it clearly in writing will be assessed.
NON-ATTENDING STUDENTS
The final examination will be oral, necessarily in presence, and will cover all the topics in the syllabus. In addition to the textbooks, it will also be mandatory to study the supplementary materials (legislation, jurisprudence, doctrine) available on the Moodle platform. The examination consists of five/six questions aimed at ascertaining both the understanding of the theoretical arguments and the ability to resolve questions of an applicative nature relating to the topics covered in the course. The grade will be expressed in thirtieths and will therefore result from the level of knowledge of basic topics. The student's mastery of the topics covered in the course, reasoning and argumentation skills, the ability to study case law in depth, the level of knowledge acquired and the ability to present it clearly in writing will be assessed.
books
Ettore Recchi, Mirna Safi, Handbook of Human Mobility and Migration. (2024). UK: Edward Elgar Publishing Limited.
Geddes, A., Hadj Abdou, L., Brumat, L. (2020). Migration and Mobility in the European Union. Regno Unito: Red Globe Press.
Arie Pieter Leonhard den Hertog, Dora Kostakopoulou, Marion Panizzon, Sergio Carrera, EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes. (2018). The Netherlands: Brill.
classRoomMode
In order to pass the examination as an attending student, it is necessary to guarantee attendance (also remotely) at 90% of the lectures and to participate in all the training sessions, as well as to hand in the short essay or case law commentary by the deadline indicated by the professor. Enrolled students who do not attend the course will sit a final oral examination based on the entire programme of the two course modules.
bibliography
• Human mobility in the EU: The EU citizen-TCN denizen divide
- E. Brouwer, K. De Vries, "Third Country Nationals and Discrimination on the Ground of Nationality: Article 18 TFEU in the Context of Article 14 ECHR and EU Migration Law: Time for a New Approach", in Equality and Human Rights: Nothing but Trouble? Liber Amicorum Titia Loenen, Edited by M. Van Den Brink, S. Burri, J. Goldschmidt, University of Utrecht, Utrecht, 2015, pp.123-146;
- M. Menghi and J. Quéré, Free Movement of Europeans – Taking Stock of a Misunderstood Right, Jacques Delors Institute, Studies & Reports n. 112, November 2016;
- D. Vitiello, In Search of the Legal Boundaries of an Open Society. The Case of Immigrant Integration in the EU, in Freedom, Security & Justice: European Legal Studies, Issue 2/2022, pp. 151-187.
- S. Salomon, J. Rijpma, A Europe Without Internal Frontiers: Challenging the Reintroduction of Border Controls in the Schengen Area in the Light of Union Citizenship, in German Law Journal, 24(2), 2023, pp. 281-309.
• EU migration policy: Between fragmentation and (the search for) comprehensiveness
- M. De Somer, "Schengen and internal border controls", in From Tampere 20 to Tampere 2.0: Towards a New European Consensus on Migration, Edited by P. De Bruycker, M. De Somer and J. De Brouwer, Brussels: European Policy Centre, 2019;
- D. Vitiello, Comprehensive Approaches in the Global Compact for Migration and the EU Border Policies: A Critical Appraisal, in Laws, 11: 78/2022.
- V. Bello, ‘The Spiralling of the securitisation of migration in the EU: from the management of a crisis to a governance of human mobility, in Journal of Ethnic and Migration Studies, 48 (6), 2022, 1327-1344.
- Piccoli, L., Gianni, M., Ruedin, D., Achermann, C., Dahinden, J., Hoffmeyer-Zlotnik, P., Nedelcu, M., & Zittoun, T. (2024). What Is the Nexus between Migration and Mobility? A Framework to Understand the Interplay between Different Ideal Types of Human Movement. Sociology, 0(0).
• The external dimension of EU migration policy
- J. Santos Vara, "Soft international agreements on migration cooperation with third countries: a challenge to democratic and judicial controls in the EU", in Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered, Edited by S. Carrera, J. Santos Vara, and T. Strik, Cheltenham: Elgar, 2019, pp. 21-38;
- P. García Andrade, "EU external competences on migration: which role for mixed agreements?", in Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered, Edited by S. Carrera, J. Santos Vara, and T. Strik, Cheltenham: Elgar, 2019, pp. 39-56;
- S. Carrera, L. den Hertog and M. Stefan, "The EU-Turkey deal: reversing 'lisbonisation' in EU migration and asylum policies", in Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered, Edited by S. Carrera, J. Santos Vara, and T. Strik, Cheltenham: Elgar, 2019, pp. 155-174.
- S. Lavenex, From something to “offer in return” to something to “withdraw”: Retracing trade conditionality in EU readmission policy, in EU Migration and Asylum Law Blog, 5 September 2023.
• International protection in EU law and the other relevant sources
- E. Tsourdi, "The Emerging Architecture of EU Asylum Policy: Insights into the Administrative Governance of the Common European Asylum System", in EU Law in Populist Times: Crises and Prospects, Edited by F. Bignami, Cambridge: Cambridge University Press, 2020, pp. 191-226;
- V. Moreno-Lax, "Mutual (Dis-)Trust in EU Migration and Asylum Law: The Exceptionalisation of Fundamental Rights", in Fundamental Rights in the EU Area of Freedom, Security and Justice, Edited by S. Iglesias Sanchez, M. Gonzalez Pascual , Cambridge: Cambridge University Press, 2021, pp.77-99;
- C. Favilli, The Standard of Fundamental Rights Protection in the Field of Asylum: The Case of the Right to an Effective Remedy between EU law and the Italian Constitution, in Review of European Administrative Law, Vol. 12, no. 2, December 2019, pp. 167-183;
- F. Maiani, The Reform of the Dublin System and the Dystopia of “Sharing People, in Maastricht Journal of European and Comparative Law, Vol. 4, no. 4, 2017, pp. 622-645.
• The externalisation of asylum in Europe: Techniques, tools and trends
- S. Marinai, Extraterritorial Processing of Asylum Claims: Is It a Viable Option?, in Diritti umani e diritto internazionale, Vol. 12, no.3, 2018, pp. 481-492;
- D. Vitiello, "Legal Narratives of the EU External Action in the Field of Migration and Asylum: From the EU-Turkey Statement to the Migration Partnership Framework and Beyond", in Securitising Asylum Flows. Deflection, Criminalisation and Challenges for Human Rights, Edited by V. Mitsilegas, V. Moreno-Lax, N. Vavoula, Brill-Nijhoff, Leiden-Boston, 2020, pp. 130-166;
- D. Cantor and others, ‘Externalisation, Access to Territorial Asylum and International Law, in International Journal of Refugee Law, vol 34, Issue 1, 2022, 120-156.
- V.Moreno-Lax, M. Lemberg-Pedersen, ‘Border-induced displacement: the ethical and legal implications of distance-creation through externalization, in Questions of International Law 56 (1), 2019, 5-33.
• Temporary protection as a silver lining? The case of Ukrainian refugees
- A. Skordas, "Temporary Protection Directive 2001/55/EC", in EU Immigration and Asylum Law. Article-by-Article Commentary, Edited by D. Thym and K. Hailbronner, Oxford: Hart Publishing, 2022, pp. 1177 ff.;
- D. Vitiello, The Nansen Passport and the EU Temporary Protection Directive: Reflections on Solidarity, Mobility Rights and the Future of Asylum in Europe, in European Papers , Vol. 7, no. 1, 2022, pp. 15–30;
- D. Vitiello, "Asylum in Europe at the Time of the Temporary Protection for Ukrainians and Beyond – Conflicting Models and the Potential Role of Domestic Courts", in S. Carrera, M. I. Ciger (eds.), EU responses to the large-scale refugee displacement from Ukraine: an analysis on the temporary protection directive and its implications for the future EU asylum policy, EUI, San Domenico di Fiesole, 2023, pp. 192-223
- M. Ineli-Ciger, When Temporary Protection Ends: longer-term solutions for refugees from Ukraine, SIEPS, September 2023.
• The normative and operative infrastructure of the EU external borders
- J.P. Cassarino and L. Marin, The Pact on Migration and Asylum: Turning the European Territory into a Non-Territory?, in European Journal of Migration and Law 24, no.1, 2022, pp. 1-26;
- P. Hanke and D. Vitiello, "New Technologies in Migration Control. A Legal Appraisal from an International and European Perspective", in Use and Misuse of New Technologies. Contemporary Challenges in International and European Law, Edited by E. Carpanelli and N. Lazzerini., Cham: Springer, 2019, pp. 3-35;
- V. Mitsilegas,"The Security Union as a paradigm of preventive justice: Challenges for citizenship, fundamental rights and the rule of law", in Constitutionalising the Security Union: Effectiveness, Rule of Law and Rights in Countering Terrorism and Crime, Edited by S. Carrera and V. Mitsilegas., Brussels: CEPS, 2017, pp. 5-20;
- V. Moreno-Lax, The EU Humanitarian Border and the Securitization of Human Rights: The ‘Rescue-Through-Interdiction/Rescue-Without-Protection’ Paradigm, in Journal of Common Market Studies, Vol. 56, no.1, 2018, pp. 119-140.
• The role of Frontex and of the other agencies of the AFSJ
- S. Prechal, Effective Judicial Protection: Some Recent Developments – Moving to the Essence, in Review of European Administrative Law, 2020, p.175 ff.;
- S. Tas, "Fundamental Rights Violations in the Hotspots: Who Is Watching over Them?", in The EU’s Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration, Edited by E. Tsourdi, A. Ott and Z. Vankova, in European Papers, Vol. 7, no. 1, 2022, pp. 215-237;
- F. Alagna, From Sophia to Irini: EU Mediterranean Policies and the Urgency of "Doing Something", IAI Commentaries, 2020.
- M. Fink, J. J. Rijpma, Responsibility in Joint Returns after WS and Others v Frontex: Letting the Active By-Stander Off the Hook, in EU Law Analysis, 22 September 2023
• Cooperation between Frontex and third countries: nature and purpose
- J.J. Rijpma, External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory, in European Papers, Vol. 2, No 2, 2017, pp. 571-596;
- L. Marin, The Cooperation Between Frontex and Third Countries in Information Sharing: Practices, Law and Challenges in Externalizing Border Control Functions, in European Public Law, Volume 26, Issue 1, 2020, pp. 157-180;
- M. Giuffré and V. Moreno-Lax, "The Rise of Consensual Containment: From Contactless Control to Contactless Responsibility for Migratory Flows", in Research Handbook on International Refugee Law, Edited by S.S. Juss, Cheltenham: Elgar, 2019, pp. 82-108;
- D. Vitiello, "Agencification as a Key Component of the EU Externalisation Toolkit. Observations on a Silent Escape from the Rule of Law", in EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes, Edited by S. Carrera, L. den Hertog, M. Panizzon and D. Kostakopoulou, Leiden, The Netherlands: Brill/Nijhoff, 2019, pp. 125-152.
MODULE II
DANIELA VITIELLO
Second Semester
3
IUS/13
Learning objectives
The course aims to illustrate and analyse the European Union's immigration and asylum policies. In the second module, special attention will be paid to the functioning of the Common European Asylum System and international protection standards and the balance between solidarity and responsibility in Dublin cooperation.
The course aims to illustrate and analyse the legal framework of different forms of human mobility within and into the European Union, looking at the interaction between the treatment and legal status of migrants and refugees within the Area of Freedom, Security and Justice (AFSJ) and the management of the EU's internal/external borders. By linking the treatment of these categories of third-country nationals to the EU's integrated border management system, the course aims to shed light on how the latter interferes with the enjoyment of fundamental rights by non-Europeans and, consequently, on the fragmentation of the statuses of third-country nationals within the AFSJ. The ultimate aim of the course is to provide students with a taxonomy of migration conditions ranging from the actual mobility status enjoyed by EU citizens and their family members to the non-mobility status imposed on asylum seekers, highlighting the main legal issues related to this way of regulating human mobility, also in the light of the reform of the New Pact on Migration and Asylum.
Specifically, Module II of the course starts from the theoretical framework of key concepts on the relationship between the regulation of human mobility and migratory statuses in the European Union, provided in Module I, to illustrate the ways and processes through which the regulatory and institutional infrastructure of the integrated management of EU external borders affects migrants' mobility rights and access to effective judicial protection.
examMode
ATTENDING STUDENTS
The final exam grade consists of three elements: (i) evaluation of active participation in the lectures and in-class training sessions; (ii) evaluation of the in-class group/training activities; (iii) evaluation of the final written assignment, generally in the form of a short essay on a central legal issue or a case law commentary. In order to pass the examination as an attending student, it is necessary to guarantee attendance (also remotely) at 90% of the lectures and to participate in all the training sessions, as well as to hand in the short essay or case law commentary by the deadline indicated by the professor. The outcome of the examination will be communicated and recorded as a result of the correction of the writing assignment. The grade will be expressed in thirtieths and will therefore result from the level of knowledge of basic topics. The student's mastery of the topics covered in the course, reasoning and argumentation skills, the ability to study case law in depth, the level of knowledge acquired and the ability to present it clearly in writing will be assessed.
NON-ATTENDING STUDENTS
The final examination will be oral, necessarily in presence, and will cover all the topics in the syllabus. In addition to the textbooks, it will also be mandatory to study the supplementary materials (legislation, jurisprudence, doctrine) available on the Moodle platform. The examination consists of five/six questions aimed at ascertaining both the understanding of the theoretical arguments and the ability to resolve questions of an applicative nature relating to the topics covered in the course. The grade will be expressed in thirtieths and will therefore result from the level of knowledge of basic topics. The student's mastery of the topics covered in the course, reasoning and argumentation skills, the ability to study case law in depth, the level of knowledge acquired and the ability to present it clearly in writing will be assessed.
books
Ettore Recchi, Mirna Safi, Handbook of Human Mobility and Migration. (2024). UK: Edward Elgar Publishing Limited.
Geddes, A., Hadj Abdou, L., Brumat, L. (2020). Migration and Mobility in the European Union. Regno Unito: Red Globe Press.
Arie Pieter Leonhard den Hertog, Dora Kostakopoulou, Marion Panizzon, Sergio Carrera, EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes. (2018). The Netherlands: Brill.
classRoomMode
In order to pass the examination as an attending student, it is necessary to guarantee attendance (also remotely) at 90% of the lectures and to participate in all the training sessions, as well as to hand in the short essay or case law commentary by the deadline indicated by the professor. Enrolled students who do not attend the course will sit a final oral examination based on the entire programme of the two course modules.
bibliography
• Human mobility in the EU: The EU citizen-TCN denizen divide
- E. Brouwer, K. De Vries, "Third Country Nationals and Discrimination on the Ground of Nationality: Article 18 TFEU in the Context of Article 14 ECHR and EU Migration Law: Time for a New Approach", in Equality and Human Rights: Nothing but Trouble? Liber Amicorum Titia Loenen, Edited by M. Van Den Brink, S. Burri, J. Goldschmidt, University of Utrecht, Utrecht, 2015, pp.123-146;
- M. Menghi and J. Quéré, Free Movement of Europeans – Taking Stock of a Misunderstood Right, Jacques Delors Institute, Studies & Reports n. 112, November 2016;
- D. Vitiello, In Search of the Legal Boundaries of an Open Society. The Case of Immigrant Integration in the EU, in Freedom, Security & Justice: European Legal Studies, Issue 2/2022, pp. 151-187.
- S. Salomon, J. Rijpma, A Europe Without Internal Frontiers: Challenging the Reintroduction of Border Controls in the Schengen Area in the Light of Union Citizenship, in German Law Journal, 24(2), 2023, pp. 281-309.
• EU migration policy: Between fragmentation and (the search for) comprehensiveness
- M. De Somer, "Schengen and internal border controls", in From Tampere 20 to Tampere 2.0: Towards a New European Consensus on Migration, Edited by P. De Bruycker, M. De Somer and J. De Brouwer, Brussels: European Policy Centre, 2019;
- D. Vitiello, Comprehensive Approaches in the Global Compact for Migration and the EU Border Policies: A Critical Appraisal, in Laws, 11: 78/2022.
- V. Bello, ‘The Spiralling of the securitisation of migration in the EU: from the management of a crisis to a governance of human mobility, in Journal of Ethnic and Migration Studies, 48 (6), 2022, 1327-1344.
- Piccoli, L., Gianni, M., Ruedin, D., Achermann, C., Dahinden, J., Hoffmeyer-Zlotnik, P., Nedelcu, M., & Zittoun, T. (2024). What Is the Nexus between Migration and Mobility? A Framework to Understand the Interplay between Different Ideal Types of Human Movement. Sociology, 0(0).
• The external dimension of EU migration policy
- J. Santos Vara, "Soft international agreements on migration cooperation with third countries: a challenge to democratic and judicial controls in the EU", in Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered, Edited by S. Carrera, J. Santos Vara, and T. Strik, Cheltenham: Elgar, 2019, pp. 21-38;
- P. García Andrade, "EU external competences on migration: which role for mixed agreements?", in Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered, Edited by S. Carrera, J. Santos Vara, and T. Strik, Cheltenham: Elgar, 2019, pp. 39-56;
- S. Carrera, L. den Hertog and M. Stefan, "The EU-Turkey deal: reversing 'lisbonisation' in EU migration and asylum policies", in Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis: Legality, Rule of Law and Fundamental Rights Reconsidered, Edited by S. Carrera, J. Santos Vara, and T. Strik, Cheltenham: Elgar, 2019, pp. 155-174.
- S. Lavenex, From something to “offer in return” to something to “withdraw”: Retracing trade conditionality in EU readmission policy, in EU Migration and Asylum Law Blog, 5 September 2023.
• International protection in EU law and the other relevant sources
- E. Tsourdi, "The Emerging Architecture of EU Asylum Policy: Insights into the Administrative Governance of the Common European Asylum System", in EU Law in Populist Times: Crises and Prospects, Edited by F. Bignami, Cambridge: Cambridge University Press, 2020, pp. 191-226;
- V. Moreno-Lax, "Mutual (Dis-)Trust in EU Migration and Asylum Law: The Exceptionalisation of Fundamental Rights", in Fundamental Rights in the EU Area of Freedom, Security and Justice, Edited by S. Iglesias Sanchez, M. Gonzalez Pascual , Cambridge: Cambridge University Press, 2021, pp.77-99;
- C. Favilli, The Standard of Fundamental Rights Protection in the Field of Asylum: The Case of the Right to an Effective Remedy between EU law and the Italian Constitution, in Review of European Administrative Law, Vol. 12, no. 2, December 2019, pp. 167-183;
- F. Maiani, The Reform of the Dublin System and the Dystopia of “Sharing People, in Maastricht Journal of European and Comparative Law, Vol. 4, no. 4, 2017, pp. 622-645.
• The externalisation of asylum in Europe: Techniques, tools and trends
- S. Marinai, Extraterritorial Processing of Asylum Claims: Is It a Viable Option?, in Diritti umani e diritto internazionale, Vol. 12, no.3, 2018, pp. 481-492;
- D. Vitiello, "Legal Narratives of the EU External Action in the Field of Migration and Asylum: From the EU-Turkey Statement to the Migration Partnership Framework and Beyond", in Securitising Asylum Flows. Deflection, Criminalisation and Challenges for Human Rights, Edited by V. Mitsilegas, V. Moreno-Lax, N. Vavoula, Brill-Nijhoff, Leiden-Boston, 2020, pp. 130-166;
- D. Cantor and others, ‘Externalisation, Access to Territorial Asylum and International Law, in International Journal of Refugee Law, vol 34, Issue 1, 2022, 120-156.
- V.Moreno-Lax, M. Lemberg-Pedersen, ‘Border-induced displacement: the ethical and legal implications of distance-creation through externalization, in Questions of International Law 56 (1), 2019, 5-33.
• Temporary protection as a silver lining? The case of Ukrainian refugees
- A. Skordas, "Temporary Protection Directive 2001/55/EC", in EU Immigration and Asylum Law. Article-by-Article Commentary, Edited by D. Thym and K. Hailbronner, Oxford: Hart Publishing, 2022, pp. 1177 ff.;
- D. Vitiello, The Nansen Passport and the EU Temporary Protection Directive: Reflections on Solidarity, Mobility Rights and the Future of Asylum in Europe, in European Papers , Vol. 7, no. 1, 2022, pp. 15–30;
- D. Vitiello, "Asylum in Europe at the Time of the Temporary Protection for Ukrainians and Beyond – Conflicting Models and the Potential Role of Domestic Courts", in S. Carrera, M. I. Ciger (eds.), EU responses to the large-scale refugee displacement from Ukraine: an analysis on the temporary protection directive and its implications for the future EU asylum policy, EUI, San Domenico di Fiesole, 2023, pp. 192-223
- M. Ineli-Ciger, When Temporary Protection Ends: longer-term solutions for refugees from Ukraine, SIEPS, September 2023.
• The normative and operative infrastructure of the EU external borders
- J.P. Cassarino and L. Marin, The Pact on Migration and Asylum: Turning the European Territory into a Non-Territory?, in European Journal of Migration and Law 24, no.1, 2022, pp. 1-26;
- P. Hanke and D. Vitiello, "New Technologies in Migration Control. A Legal Appraisal from an International and European Perspective", in Use and Misuse of New Technologies. Contemporary Challenges in International and European Law, Edited by E. Carpanelli and N. Lazzerini., Cham: Springer, 2019, pp. 3-35;
- V. Mitsilegas,"The Security Union as a paradigm of preventive justice: Challenges for citizenship, fundamental rights and the rule of law", in Constitutionalising the Security Union: Effectiveness, Rule of Law and Rights in Countering Terrorism and Crime, Edited by S. Carrera and V. Mitsilegas., Brussels: CEPS, 2017, pp. 5-20;
- V. Moreno-Lax, The EU Humanitarian Border and the Securitization of Human Rights: The ‘Rescue-Through-Interdiction/Rescue-Without-Protection’ Paradigm, in Journal of Common Market Studies, Vol. 56, no.1, 2018, pp. 119-140.
• The role of Frontex and of the other agencies of the AFSJ
- S. Prechal, Effective Judicial Protection: Some Recent Developments – Moving to the Essence, in Review of European Administrative Law, 2020, p.175 ff.;
- S. Tas, "Fundamental Rights Violations in the Hotspots: Who Is Watching over Them?", in The EU’s Shifting Borders Reconsidered: Externalisation, Constitutionalisation, and Administrative Integration, Edited by E. Tsourdi, A. Ott and Z. Vankova, in European Papers, Vol. 7, no. 1, 2022, pp. 215-237;
- F. Alagna, From Sophia to Irini: EU Mediterranean Policies and the Urgency of "Doing Something", IAI Commentaries, 2020.
- M. Fink, J. J. Rijpma, Responsibility in Joint Returns after WS and Others v Frontex: Letting the Active By-Stander Off the Hook, in EU Law Analysis, 22 September 2023
• Cooperation between Frontex and third countries: nature and purpose
- J.J. Rijpma, External Migration and Asylum Management: Accountability for Executive Action Outside EU-territory, in European Papers, Vol. 2, No 2, 2017, pp. 571-596;
- L. Marin, The Cooperation Between Frontex and Third Countries in Information Sharing: Practices, Law and Challenges in Externalizing Border Control Functions, in European Public Law, Volume 26, Issue 1, 2020, pp. 157-180;
- M. Giuffré and V. Moreno-Lax, "The Rise of Consensual Containment: From Contactless Control to Contactless Responsibility for Migratory Flows", in Research Handbook on International Refugee Law, Edited by S.S. Juss, Cheltenham: Elgar, 2019, pp. 82-108;
- D. Vitiello, "Agencification as a Key Component of the EU Externalisation Toolkit. Observations on a Silent Escape from the Rule of Law", in EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes, Edited by S. Carrera, L. den Hertog, M. Panizzon and D. Kostakopoulou, Leiden, The Netherlands: Brill/Nijhoff, 2019, pp. 125-152.
119145 - REFUGEES AND ECONOMIC MIGRANTS: BETWEEN CONTAINMENT AND LEGAL PATHWAYS
FRANCESCA RONDINE
First Semester
6
IUS/14
Learning objectives
The course aims at providing students with a basic knowledge of the various legal mobility options to access the European Union. it covers legal and protected mobility channels under international and European law, focusing on both economic, job-related ones and those linked with humanitarian reasons.
The course aims to give a basic knowledge of the main features and challenges of contemporary migration governance, with a special focus on the issue of access to asylum. It covers the principles governing the management of the migratory phenomenon, highlighting its complexity and the multiplicity of interacting and often competing dynamics. It traces the foundations of the international cooperation on migration-related matters, focusing on todays’ mechanisms of multilateral collaboration put in place to ensure safe and legal access to protection for migrants and asylum seekers.
To this end, the course explores different legal and institutional frameworks, involving different international organisations: the United Nations, the Council of Europe and, most notably, the European Union. Following an overview of the most relevant legal tools governing migration management and migrants’ fundamental rights at the various levels, the course focuses on the multiplicity of actors and players involved on the international scene in the setting up of legal and protected pathways to asylum, such as resettlement and humanitarian visas. This includes UN bodies and agencies (e.g. UNHCR and IOM), as well as ad hoc figures activated within the Council of Europe and the EU. Finally, the course will discuss the relevant and recent migration-related case law of the two European courts: the EU Court of Justice and the European Court of human rights.
examMode
The assessment is based on a written examination consisting of 22 multiple-choice questions and 2 open-ended questions. The final mark will be determined by the sum of the marks awarded to the answers provided by the students. In particular, each multiple-choice question will be awarded 1 point if the answer is correct, 0 points if the answer is incorrect. Each open-ended question will instead be assessed by awarding a maximum of 4 points to each answer.
books
- Gil Loescher, Refugees. A very short introduction, Oxford University Press, Oxford, 2021.
- M.C. Foblets, L. Leboeuf (Eds), Humanitarian Admission to Europe, Nomos, Baden-Baden, 2020.
classRoomMode
Non compulsory. In presence or online.
bibliography
- Gil Loescher, Refugees. A very short introduction, Oxford University Press, Oxford, 2021.
- M.C. Foblets, L. Leboeuf (Eds), Humanitarian Admission to Europe, Nomos, Baden-Baden, 2020.
119146 - THE RECEPTION OF ASYLUM SEEKERS AND THE INTEGRATION OF IMMIGRANTS: GOVERNANCE AND STRATEGIES
MARIO SAVINO
Second Semester
6
IUS/10
Learning objectives
The course aims to provide students with an advanced understanding of the purposes (why), responsibilities (who) and modalities (how) of reception of asylum seekers and other categories of immigrants in the European Union. The teaching considers the different normative levels, from international to local, with a predominant focus on the Common European Asylum System (CEAS) and its national components. The main teaching objective is to ensure an adequate understanding of legal and non-legal issues concerning migrant reception and inclusion processes.
The course examines the following aspects: the international protection regime, including the principle of non-refoulement and examples of protected entry procedures; the functioning of the Common European Asylum System, including criteria for distribution of responsibilities among member states, take-back procedures and relocation schemes; the EU Reception Conditions Directive and its implementation in the EU; the impact of the 2015 refugee crisis and the EU-Turkey agreement; how the issues of secondary movements and detention of asylum seekers are being addressed by the reform proposals at an advanced stage of negotiation (New EU Pact on Asylum and Migration); the temporary protection regime (implemented vis-à-vis Ukraine); and examples of integration strategies.
examMode
Results are verified by oral examination. Understanding of the legal regime of asylum seekers and its problems of implementation it is tested through general questions. In answering, the student must be able to demonstrate adequate knowledge of the European and international regulatory framework, as well as an understanding of the purposes of the relevant discipline. The student must demonstrate the ability to understand the rationale for relevant principles and norms, demonstrating argumentative and reasoning skills.
Active participation and positive interaction in class, based on regular attendance, will be taken into account for final assessment.
books
FOR ATTENDING STUDENTS
Attending students (i.e. students with no more than 2 absences from class) may take a written test, on a single date designated by the teacher. The written test will be based on the rulings discussed in class and the following blog posts:
1. D. Thym, Secondary Movements: Lack of Progress as the Flipside of Meagre Solidarity, EU Migration Law Blog, 2024, pp. 1-5
2. F. Maiani, Responsibility-determination under the new Asylum and Migration Management Regulation: plus ça change…, EU Migration Law Blog, 2024, pp. 1-5.
3. M. Moraru, The Impact of the 2024 CEAS Reform on the EU’s Return System: Amending the Return Directive Through the Backdoor, Migration Law Blog, 2024, pp. 1-5
4. U. Brandl, Mix and Match. Detention, “De-Facto Detention” or just Restrictions of Freedom of Movement in the New Pact, EU Migration Law Blog, 2024, pp. 1-5
5. I. Goldner Lang, Instrumentalisation of Migrants: It is Necessary to Act, but How?, EU Migration Law Blog, 2024, pp. 1-5
6. D. Thym, Temporary Protection for Ukrainians: the Unexpected Renaissance of ‘Free Choice’, in EU Migration Law Blog, 2022, pp. 1-5
7. M. Savino, On failed relocation and would-be Leviathans: Towards the New Pact on Migration and Asylum, in ADiM Blog, 2020, pp. 1-8
FOR NON-ATTENDING STUDENTS
Non-attending students may take the exam (oral) at any scheduled exam call for the teaching. The oral exam will be based on the following readings:
1. V. Moreno-Lax, Crisis as (Asylum) Governance: The Evolving Normalisation of Non-access to Protection in the EU, European Papers, 2024, pp. 179-208
2. E. Küçük, Temporary Protection Directive: Testing New Frontiers?, in European Journal of Migration and Law, 2023, pp. 1–30
3. M. Gkliati, The EU Returns Agency: The Commissions’ Ambitious Plans and Their Human Rights Implications, in European Journal of Migration and Law, 2022, pp. 545–569
4. Jens Vested-Hansen, Harmonisation of types of asylum procedures: new Regulation, old dilemmas, EU Migration Law Blog, 2024, pp. 1-5
5. M. Ineli-Ciger, Navigating the Labyrinth of Derogations: A Critical Look at the Crisis Regulation, EU Migration Law Blog, 2024, pp. 1-5
6. N. Vavoula, The Transformation of Eurodac from an Asylum Tool into an Immigration Database , EU Migration Law Blog, 2024, pp. 1-5
7. L. Tsourdi, Funding the New Pact on Migration and Asylum: Symbolic Politics or Structural Shifts in the Policies’ Implementation Design? , EU Migration Law Blog, 2024, pp. 1-5
8. P. Garcia Andrade, Cooperation with third countries within the EU legislative reform on migration and asylum, EU Migration Law Blog, 2024, pp. 1-5
9. D. Thym, Secondary Movements: Lack of Progress as the Flipside of Meagre Solidarity, EU Migration Law Blog, 2024, pp. 1-5
10. F. Maiani, Responsibility-determination under the new Asylum and Migration Management Regulation: plus ça change…, EU Migration Law Blog, 2024, pp. 1-5.
11. M. Moraru, The Impact of the 2024 CEAS Reform on the EU’s Return System: Amending the Return Directive Through the Backdoor, Migration Law Blog, 2024, pp. 1-5
12. U. Brandl, Mix and Match. Detention, “De-Facto Detention” or just Restrictions of Freedom of Movement in the New Pact, EU Migration Law Blog, 2024, pp. 1-5
13. I. Goldner Lang, Instrumentalisation of Migrants: It is Necessary to Act, but How?, EU Migration Law Blog, 2024, pp. 1-5
14. D. Thym, Temporary Protection for Ukrainians: the Unexpected Renaissance of ‘Free Choice’, in EU Migration Law Blog, 2022, pp. 1-5
15. M. Savino, On failed relocation and would-be Leviathans: Towards the New Pact on Migration and Asylum, in ADiM Blog, 2020, pp. 1-8
mode
The course follows a seminar method and is intended to be interactive. Active participation is strongly encouraged. The topics of the programme will be explored by making reference to leading case law, with a view to fostering the exchange of views among the students.
This teaching method is purposed to develop the following skills:
- the capacity to critically analyse legal decisions;
- the ability to debate and defend a position;
- the capacity to grasp the complexity of legal and non-legal issues related to migration policies.
classRoomMode
In presence attendance is recommended
bibliography
The reference bibliography is indicated in the recommended texts for exam preparation.
MODULE II
-
-
-
-
MIGRATION AND INTEGRATION POLICIES IN POST-WAR EUROPE
SIMONE DURANTI
Second Semester
6
M-STO/04
Learning objectives
1) Knowledge and understanding of relations between migrant communities and the British State 1945-1990;
2) Knowledge and understanding of the communication style of political messages and propaganda in the press;
3) Independent judgement and ability to interpret the main government interventions in the field of containment of migration flows;
4) Communication skills in the oral return of the communication techniques of British policy in the field of containment of migration and management of Race Relations;
5) Ability to learn the key words used in the process of comparison between migrant communities and government authorities.
Great Britain is a fundamental case study for the understanding of the problems generated by the international and European migration flows since the Second World War. Its imperial legacy, together with the construction of the welfare state, led to an important debate on the white rather than multiethnic characteristics of a nation between isolation, integration into the European Economic Community and the end of colonial possessions.
The course covers the period between 1945 and the Thatcher governments of the 1980s. The first lessons will cover the quantitative description of migratory flows in England, the origins of each migrant communities and places of settlement. Subsequently, the political and media debate on the issue of ethnic minorities coming to England after 1945, legislation to regulate flows and to combat the spread of racism (Race Relations Acts) will be addressed. The third part of the course will address the social and political organization of ethnic minorities between attempting to integrate into British society and preserving their own cultural peculiarities. The course will reach an end with the analysis of the clashes between black and Asian youth and the police forces between the seventies and eighties and the problem of ghettos (inner cities). These last aspects began to undermine the concept of multicultural nation spread by British culture and politics.
examMode
The student's acquired knowledge will be ascertained by means of an oral examination at the conclusion of the course.
books
Compulsory bibliography:
1. Colin Holmes, John Bull’s Island. Immigration and British Society, 1871-1971, Routledge 2016 (only parts 3 and 4 – from p. 209 to p. 317).
2. Ian Sanjay Patel, We’re Here Because You Were There. Immigration and the End of Empire, Verso 2021 (only the introduction and Part 1 “We’re Here: Immigration and Empire” – from p. 1 to p. 94)
3. Nicole M. Jackson, ‘A nigger in the new England’: ‘Sus’, the Brixton riot, and citizenship, in “African and Black Diaspora: An International Journal”, v. 8, n. 2, 2015, pp. 158-170.
mode
Attendance is optional and in presence.
classRoomMode
Attendance at classes is not compulsory. However, considering that the teaching will be organised to ensure the centrality of the active role of the student, participation in the lessons is strongly recommended
bibliography
Other texts may be agreed with the teacher.
THE PROBLEM OF CITIZENSHIP: HISTORICAL AND PHILOSOPHICAL PERSPECTIVES
Second Semester
3
IUS/19
Learning objectives
The main learning objective is to provide students, through a critical approach, with the acquisition of a sound knowledge of the most relevant topics, categories and authors of legal history relating to citizenship.
D1 - Knowledge and understanding
Through the knowledge acquired, students will be able to develop a specific sensitiveness to the interpretation of “citizenship” within legal history, bearing in mind both fundamental legal notions and its development in relation to subjects and contexts
D2 - Applying knowledge and understanding
At the end of the course, students will be able to interpret the main theories of citizenship and apply them to contemporary cases in a variety of contexts, by understanding their implications in concrete cases
D3 - Making judgements
By the end of the course, students will be able to autonomously elaborate the acquired notions, as well as to develop critical judgement skills, through the examination of key concepts of legal-historical reflection related to citizenship
D4 - Communication skills
By the end of the course, students will have developed terminological accuracy related to the legal and historical notions and the ability to communicate in English in public, in particular, having learned to present the acquired knowledge (referred to in points D1 and D2) with an appropriate language. By learning the notions of theoretical and legal-philosophical language, students will be able to communicate content of specific meaning in the legal field
D5 - Learning skills
By the end of the course, students will have acquired the ability to develop arguments suitable for supporting theses on the topics covered within the course and to acquire the proper instruments for an autonomous and adequate updating
BORDERS OF SOCIAL RIGHTS AND LABOUR RIGHTS IN EUROPE
Second Semester
3
IUS/07
Learning objectives
The course module is centered around safeguarding social rights within the framework of our legal system's fundamental norms, which include the Italian Constitution and the Charter of Fundamental Rights of the European Union. The module specifically explores both individual and collective social rights that are granted to workers and trade unions under these fundamental norms. By the end of the course, students will have gained a solid understanding of the covered topics and will possess a sufficient grasp of the regulatory sources that govern this subject. Moreover, the students should be able to consciously apply the tools they have acquired and effectively employ the technical language associated with the subject matter.
119162 - FINAL EXAM
Second Semester
14
MODULE II
-
-
-
-
STAGE
Second Semester
8
LANGUAGE ABILITY
Second Semester
8
SUMMER TRAINING SCHOOL
Second Semester
8
MODULE II
-
-
-
-
ELECTIVE COURSES
Second Semester
6
ELECTIVE COURSES
Second Semester
12
ELECTIVE COURSES
Second Semester
6
SUBJECT
SEMESTER
CFU
SSD
LANGUAGE
119131 - GLOBAL SECURITY: GEOPOLITICS AND CONFLICT IN THE 21ST CENTURY
-
9
-
-
Learning objectives
The course provides students with a basic knowledge of classical and contemporary geopolitics. Through a multi-sectoral and multi-scalar analysis, the course offers useful tools to analyse the theory and practice of the major international geopolitical actors.
The course has three major sections. The first one deals with the origins of geopolitics as a scientific discipline and the different currents of thought. The second one concerns the main current geopolitical issues, related to the concept of security that is at the heart of our course: migration, pandemic, environment and war. The third one includes seminars held by international professors on certain geopolitical topics, such as populism.
The goal is to understand the dynamics of the main global geopolitical crises and conflict: from the 2015 Europe’s refugee emergency to the pandemic and the Russian-Ukrainian war. A special focus is devoted to the geopolitics of environmental risks and migration routes with a comparison between the Euro-Mediterranean border and the US-Mexico border.
MODULE I
First Semester
4
SPS/04
Learning objectives
The course provides students with a basic knowledge of classical and contemporary geopolitics. Through a multi-sectoral and multi-scalar analysis, the course offers useful tools to analyse the theory and practice of the major international geopolitical actors.
The course has three major sections. The first one deals with the origins of geopolitics as a scientific discipline and the different currents of thought. The second one concerns the main current geopolitical issues, related to the concept of security that is at the heart of our course: migration, pandemic, environment and war. The third one includes seminars held by international professors on certain geopolitical topics, such as populism.
The goal is to understand the dynamics of the main global geopolitical crises and conflict: from the 2015 Europe’s refugee emergency to the pandemic and the Russian-Ukrainian war. A special focus is devoted to the geopolitics of environmental risks and migration routes with a comparison between the Euro-Mediterranean border and the US-Mexico border.
MODULE II
First Semester
5
M-GGR/02
Learning objectives
The course provides students with a basic knowledge of classical and contemporary geopolitics. Through a multi-sectoral and multi-scalar analysis, the course offers useful tools to analyse the theory and practice of the major international geopolitical actors.
The course has three major sections. The first one deals with the origins of geopolitics as a scientific discipline and the different currents of thought. The second one concerns the main current geopolitical issues, related to the concept of security that is at the heart of our course: migration, pandemic, environment and war. The third one includes seminars held by international professors on certain geopolitical topics, such as populism.
The goal is to understand the dynamics of the main global geopolitical crises and conflict: from the 2015 Europe’s refugee emergency to the pandemic and the Russian-Ukrainian war. A special focus is devoted to the geopolitics of environmental risks and migration routes with a comparison between the Euro-Mediterranean border and the US-Mexico border.
119133 - THE GLOBAL GOVERNANCE OF INTERNATIONAL SECURITY
-
9
-
-
Learning objectives
The course aims to provide students with in-depth knowledges concerning the global governance of
international security. The first module focuses on international legal norms in the field of security,
in particular those relating to the use of force, the role of inernatonal organisations in the field of
security, the regulation of armed conflicts, and international criminal responsibility. Conversely, the
second module explores the impact on individuals of security measures adopted at international
level. The aim is to highlight the legal problems and dilemmas arising when an international
measure or decision is addressed not (only) to States but (also) to individuals. When this individual
impact occurs, the traditional dichotomy between international and domestic law becomes obsolete,
along with the corresponding guarantees and accountability tools. The resulting problems of
interactions between different sources of law (international, EU and national) will be analyzed
through the lenses of Global administrative law.
D1 - Knowledge and understanding
The course aims to provide the student with knowledge and understanding on the following
profiles:
1. The relevance of international law in regulating international security
2. The developments concerning the notion of security in international law and their legal effects
3. The role of international organizations in ensuring international security
4. The new role of international courts and tribunals in the field of security
5. the impact on individuals of security measures adopted at international level
6. the legal problems arising when an international measure is addressed to an individual
7. the problems arising from the interaction between different sources of law (international, EU and
national)
8. the contribution of Global administrative law to a better understanding of the interaction between
international and domestic security regimes.
D2 - Ability to apply knowledge and understanding
At the end of the course, the student should be able to:
1. find judgments of the International Court of Justice, the International Criminal Court, the
European Court of Human Rights and the Court of Justice of the EU on the subject, analyze and
interpret it through a correct identification of their rationale;
2. find and analyze, even critically, a jurisprudential decision of the International Court of Justice,
the International Criminal Court, the European Court of Human Rights and the Court of Justice of
the EU on the subject.
D3 - Autonomy of judgment
At the end of the course, the student should be able to solve concrete cases in the light of the
learned legal concepts as well as to read current events in the light of the various legal orders
relevant in the field of security, i.e. international, European, and national legal orders.
D4 - Communication skills
At the end of the course, the student will have to illustrate the problems and interactions referred to
in D1.
D5 - Learning Skills
At the end of the course, the student should be able to find and analyze independently the
international, European, and national legal norms on security as well as relevant case law.
MODULE I
First Semester
6
IUS/13
Learning objectives
The course aims to provide students with in-depth knowledges concerning the global governance of
international security. The first module focuses on international legal norms in the field of security,
in particular those relating to the use of force, the role of inernatonal organisations in the field of
security, the regulation of armed conflicts, and international criminal responsibility. Conversely, the
second module explores the impact on individuals of security measures adopted at international
level. The aim is to highlight the legal problems and dilemmas arising when an international
measure or decision is addressed not (only) to States but (also) to individuals. When this individual
impact occurs, the traditional dichotomy between international and domestic law becomes obsolete,
along with the corresponding guarantees and accountability tools. The resulting problems of
interactions between different sources of law (international, EU and national) will be analyzed
through the lenses of Global administrative law.
D1 - Knowledge and understanding
The course aims to provide the student with knowledge and understanding on the following
profiles:
1. The relevance of international law in regulating international security
2. The developments concerning the notion of security in international law and their legal effects
3. The role of international organizations in ensuring international security
4. The new role of international courts and tribunals in the field of security
5. the impact on individuals of security measures adopted at international level
6. the legal problems arising when an international measure is addressed to an individual
7. the problems arising from the interaction between different sources of law (international, EU and
national)
8. the contribution of Global administrative law to a better understanding of the interaction between
international and domestic security regimes.
D2 - Ability to apply knowledge and understanding
At the end of the course, the student should be able to:
1. find judgments of the International Court of Justice, the International Criminal Court, the
European Court of Human Rights and the Court of Justice of the EU on the subject, analyze and
interpret it through a correct identification of their rationale;
2. find and analyze, even critically, a jurisprudential decision of the International Court of Justice,
the International Criminal Court, the European Court of Human Rights and the Court of Justice of
the EU on the subject.
D3 - Autonomy of judgment
At the end of the course, the student should be able to solve concrete cases in the light of the
learned legal concepts as well as to read current events in the light of the various legal orders
relevant in the field of security, i.e. international, European, and national legal orders.
D4 - Communication skills
At the end of the course, the student will have to illustrate the problems and interactions referred to
in D1.
D5 - Learning Skills
At the end of the course, the student should be able to find and analyze independently the
international, European, and national legal norms on security as well as relevant case law.
MODULE II
First Semester
3
IUS/10
Learning objectives
The course aims to provide students with in-depth knowledges concerning the global governance of
international security. The first module focuses on international legal norms in the field of security,
in particular those relating to the use of force, the role of inernatonal organisations in the field of
security, the regulation of armed conflicts, and international criminal responsibility. Conversely, the
second module explores the impact on individuals of security measures adopted at international
level. The aim is to highlight the legal problems and dilemmas arising when an international
measure or decision is addressed not (only) to States but (also) to individuals. When this individual
impact occurs, the traditional dichotomy between international and domestic law becomes obsolete,
along with the corresponding guarantees and accountability tools. The resulting problems of
interactions between different sources of law (international, EU and national) will be analyzed
through the lenses of Global administrative law.
D1 - Knowledge and understanding
The course aims to provide the student with knowledge and understanding on the following
profiles:
1. The relevance of international law in regulating international security
2. The developments concerning the notion of security in international law and their legal effects
3. The role of international organizations in ensuring international security
4. The new role of international courts and tribunals in the field of security
5. the impact on individuals of security measures adopted at international level
6. the legal problems arising when an international measure is addressed to an individual
7. the problems arising from the interaction between different sources of law (international, EU and
national)
8. the contribution of Global administrative law to a better understanding of the interaction between
international and domestic security regimes.
D2 - Ability to apply knowledge and understanding
At the end of the course, the student should be able to:
1. find judgments of the International Court of Justice, the International Criminal Court, the
European Court of Human Rights and the Court of Justice of the EU on the subject, analyze and
interpret it through a correct identification of their rationale;
2. find and analyze, even critically, a jurisprudential decision of the International Court of Justice,
the International Criminal Court, the European Court of Human Rights and the Court of Justice of
the EU on the subject.
D3 - Autonomy of judgment
At the end of the course, the student should be able to solve concrete cases in the light of the
learned legal concepts as well as to read current events in the light of the various legal orders
relevant in the field of security, i.e. international, European, and national legal orders.
D4 - Communication skills
At the end of the course, the student will have to illustrate the problems and interactions referred to
in D1.
D5 - Learning Skills
At the end of the course, the student should be able to find and analyze independently the
international, European, and national legal norms on security as well as relevant case law.
119134 - SECURITY AND INDIVIDUAL LIBERTIES IN COMPARATIVE PERSPECTIVE
FABIO PACINI
First Semester
6
IUS/09
Learning objectives
The course aims to provide - from a public law perspective - an overview of the different ways in which state systems deal with the main issues concerning the balance between security (in its various forms) and individual rights and freedoms.
The course is divided into two parts.
The first part will be dedicated to an introduction to the multilevel system of protection of rights and individual liberties; the main concepts of comparative constitutional law will be discussed, focusing on the interaction between different legal systems.
The second module will be devoted to the analysis and seminar discussion of specific topics.
examMode
The results are verified by oral examination. Both the knowledge acquired and the ability to express oneself, mastering the vocabulary of the discipline, will be assessed. The pass mark is achieved by demonstrating that at least the basic vocabulary and notions of the discipline have been acquired.
books
To prepare for the exam, students are advised to study the textbook indicated below, as well as the materials indicated and provided during classes:
R. Masterman e R. Schutze (eds.), The Cambridge Companion To Comparative Constitutional Law, CUP, 2019 (indicated chapters only): Part I, ch. 2; Part III, chs. 8, 9, 10 e 11; Part IV, ch. 16; Part V, ch. 20.
Attending students may take a seminar-based test according to the instructions that will be provided during the course.
mode
Blended. The course is based on both frontal lessons and the discussion of specific issues or cases.
classRoomMode
The course is based on both frontal lessons and the discussion of specific issues
bibliography
See the materials indicated and provided during classes.
119135 - STRATEGIES OF CRIMINALISATION AND PROCESSES OF RADICALISATION: SOCIOLOGICAL APPROACHES
-
6
-
-
Learning objectives
This module provides a critical examination of the factors and mechanisms that can either increase or reduce the likelihood of individuals' engagement or re-engagement in extremism and terrorism. Through a multidisciplinary approach that incorporates psychology, sociology, and political science, students will gain a comprehensive understanding of the principal approaches to contemporary research in radicalisation studies. They will develop a strong foundation in key theories and empirical developments in extant literature, while also gaining an holistic understanding of the limitations and methodological challenges associated with this field of study.
MODULEI
NICOLò SCREMIN
First Semester
3
SPS/11
Learning objectives
This module provides a critical examination of the factors and mechanisms that can either increase or reduce the likelihood of individuals' engagement or re-engagement in extremism and terrorism. Through a multidisciplinary approach that incorporates psychology, sociology, and political science, students will gain a comprehensive understanding of the principal approaches to contemporary research in radicalisation studies. They will develop a strong foundation in key theories and empirical developments in extant literature, while also gaining an holistic understanding of the limitations and methodological challenges associated with this field of study.
This module provides a critical examination of the factors and mechanisms that can either increase or reduce the likelihood of individuals' engagement or re-engagement in extremism and terrorism. Through a multidisciplinary approach that incorporates psychology, sociology, and political science, students will gain a comprehensive understanding of the principal approaches to contemporary research in radicalisation studies. They will develop a strong foundation in key theories and empirical developments in extant literature, while also gaining an holistic understanding of the limitations and methodological challenges associated with this field of study.
119136 - NEW GLOBAL THREATS AND CRIMINAL LAW: PHENOMENA, CHALLENGES AND LEGAL RESPONSES
CARLO SOTISLEONARDO ROMANO'
Second Semester
9
IUS/17
Learning objectives
The course aims at providing students with a in depth knowledge of the criminal responses to the challenges posed by criminality on a global scale. It covers the analysis of the main manifestations of international criminality (transnational organised crime, human traffic and migrants’ smuggling, terrorism, economic criminality, environmental crimes), as well as the national and international strategies for their prevention and repression, assessing their forms and tendencies, also in the light of the growing importance of the objective of the economic sustainability of the criminal response.
In addition, the course aims to equip students with appropriate tools to interpret legal complexity and develop their ability to carry out legal research and solve concrete cases involving fundamental issues of International, Transnational and European criminal law.
The course focuses on the aspects of digital evidence that may be incompatible with individual human rights guarantees (in both the domestic, and EU law, and not EU law), such as privacy and social relationships, focusing on civil procedural law. The course further aims at providing practical knowledge for the acquisition of digital evidence in compliance with human rights.
Knowledge and Understanding
At the end of the course students are expected to have acquired full knowledge and understanding of the framework of issues relating to digital evidence and their interaction with individual human rights guarantees, at the different legal system in which their protection is articulated.
Applying knowledge and understanding
At the end of the course students are expected on one side to have acquired the skills to interpret the digital evidence law sources and to make links between the relevant institutions and on the other side to have acquired the understanding of the doctrinal and jurisprudential opinions on the main issues in digital evidence. With reference to this learning objective, supplementary didactics and directed studies will be provided.
Making judgements
At the end of the course students are expected to have acquired both skills of making judgements about the application of the main procedural and substantive institutions involved in the taking of evidence, in the different legal systems analysed. With reference to this learning objective, supplementary didactics and directed study will be provided.
Communication skills
At the end of the course students are expected to be able to communicate the acquired knowledges using the specific language so as to be understood also by specialized counterparties and consultants.
Learning skills
At the end of the course students are expected to be able to carry on with digital evidence studies and to orientate themselves also dealing with the changing of civil procedure rules.
1. Privacy as human right in EU
2. Right to proof as human right in EU
3. Taking of evidence and privacy issues in EU
4. Digital evidence and privacy issues in EU
5. Privacy and taking of evidence in USA
6. Privacy and taking of evidence in China
7. Digital evidence in US discovery
8. Taking of digital evidence in transnational litigation and privacy issues
9. Law cases
For non-attending students, the exam will be oral and will cover the following essays:
1. The Legal Concept of Evidence
2. The Use of Electronic Evidence in the European Area of Freedom, Security, and Justice
3. Normalising the use of electronic evidence: Bringing technology use into a familiar normative path in civil procedure
4. Certification, registration and assessment of digital forensic experts: The UK experience
5. Computer-Based Discovery in Federal Civil Litigation
6. Digital Evidence in Domestic Core International Crimes Prosecutions
7. Expert Evidence and Digital Open Source Information
8. Applications of Artificial Intelligence in the Production and Use of Digital Documents and Electronic Evidence as Proof in Civil and Criminal Litigation
examMode
Attending-students:
The assessment is by written exam: 16 multiple-choice questions and 2 short essay questions
Not-attending-students:
The assessment is by written exam. The knowledge of the main subjects is verified through general questions. In answering, the student must be able to show an adequate knowledge of the basic principles and main subjects, as well as understanding the purposes of the legal regulation. The student must show the ability to understand the rational of principles and legal regulation, demonstrating her/his/ own arguing and reasoning skills.
books
For attendig students, the lecture course is based on relevant part of hand-books, articles and law cases. The relevant material will be specified at the beginning of the lectures.
For non-attending students, the reference material is as follows:
- Shamsollah Shaliga, Tayyeb Arefnia, Mehdi Mohammadian Amiri, Applications of Artificial Intelligence in the Production and Use of Digital Documents and Electronic Evidence as Proof in Civil and Criminal Litigation, in Legal Studies in Digital Age, Vol. 3, No. 2, 2024, 10 ss.;
Peter Sommer, Certification, registration and assessment of digital forensic experts: The UK experience, in Digital Investigation, 8, 2011, 98 ss.;
- Kenneth J. Withers, Computer-Based Discovery in Federal Civil Litigation, in in the Federal Courts Law Review at
www.fedjudge.org;
- Karolina Aksamitowska, Digital Evidence in Domestic Core International Crimes Prosecutions, in Journal of International Criminal Justice 19 (2021), 189 ss.;
- Matthew Gillett, Wallace Fan, Expert Evidence and Digital Open Source Information, in Journal of International Criminal Justice 21 (2023), 661 ss.;
- Elena Alina Onţanu, Normalising the use of electronic evidence: Bringing technology use into a familiar normative path in civil procedure, in OÑATI SOCIO-LEGAL SERIES VOLUME 12, ISSUE 3 (2022), 582 ss.;
- Hock Lai, "The Legal Concept of Evidence", The Stanford Encyclopedia of Philosophy (Winter 2021 Edition), Edward N. Zalta (ed.), URL = <https://plato.stanford.edu/archives/win2021/entries/evidence-legal/>;
- Adam Juszczak, Elisa Sason, The Use of Electronic Evidence in the European Area of Freedom, Security, and Justice, in https://eucrim.eu/articles/the-use-of-electronic-evidence-in-the-european-area-of-freedom-security-and-justice/#:~:text=With%20its%20new%20e%2Devidence,principle%2C%20the%20need%20to%20involve.
mode
The course is structured in lectures, which are also held remotely. Supplementary lectures are also provided, during which clarifications are offered on the more complex issues raised by the use of digital tools in the taking of evidence.
classRoomMode
The course is structured in lectures, which are also held remotely. Supplementary lectures are also provided, during which clarifications are offered on the more complex issues raised by the use of digital tools in the taking of evidence.
bibliography
For attending students, the bibliography will be established at the beginning of the course.
For non-attending students, the reference bibliography is as follows:
- Rebecca A. Delfino, Deepfakes on Trial: A Call To Expand the Trial Judge's Gatekeeping Role To Protect Legal Proceedings from Technological Fakery, 74 Hastings L.J. 293;
- Andrew Guthrie Ferguson, Digital Habit Evidence, 72 Duke L.J. 724;
- European Committee on Legal Co-Operation (CDCJ), The Use Of Electronic Evidence in Civil And Administative Law Proceedings And its Effect on The Rules Of Evidence And Modes Of Proof, 26 July 2016;
- Daniel Brantes, Digital Evidence: The Admissibility of Leaked and Hacked Evidence in Arbitration Proceedings, International Journal Semiotics Law Revue internationale Sémiotique juridique, May 2023;
- Maria Angela Biasiotti, Mattia Epifani, Fabrizio Turchi, The Evidence Project: Bridging the Gap in The Exchange Of Digital Evidence Across Europe, Proceedings of 10th Intl. Conference on Systematic Approaches to Digital Forensic Engineering;
- European e-Justice Portale, Taking of Evidence – Italy;
- ICO, Overview of the General Data Protection Regulation (GDPR);
- Jessica Shurson, Data protection and law enforcement access to digital evidence: resolving the reciprocal conflicts between EU and US law, International Journal of Law and Information Technology, 2020, 28, 167–18.
HUMAN RIGHTS AND SECURITY IN EU CRIMINAL INVESTIGATIONS
FRANCESCO SANVITALE
First Semester
6
IUS/16
Learning objectives
The course offers an overview of the development of the European Area of Freedom, Security and Justice, discussing its fundamental principles. Particular attention will be devoted to the study of European sources safeguarding human rights in criminal proceedings.
The interplay and conflict between human rights and security, particularly at the investigative stage, will emerge through the direct analysis of concrete cases and the study of the main issues underlying the EU Directives on procedural safeguards in criminal proceedings.
First part: the European legal framework for the protection of human rights in criminal proceedings
1. Introduction: what is criminal law? What is criminal procedure? How are they connected to rights and security? The issues of globalization in the criminal context and of trans-national crime
2. Council of Europe system, the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR)
3. European Union (EU) system, the Court of Justice of the EU (CJEU), the Area of Freedom, Security and Justice (AFSJ)
4. EU Criminal Procedure. European Arrest Warrant (EAW) and European Investigation Order (EIO)
5. Comparison and connections between systems, Courts and types of judgments. The right to a fair trial in Art. 6 ECHR and the Directives on procedural safeguards in criminal proceedings
Second part: human rights in criminal proceedings
6. Prohibition of torture: Case-study workshop trial - ECtHR, 1 June 2010, Gäfgen v. Germany
7. The right of access to a lawyer (Directive 2013/48/EU) - Case-study workshop trial (ECtHR, Salduz and ECtHR, Ibrahim)
8. Presumption of innocence and the right against self-incrimination (Directive 2016/343/EU)
9. Right to respect for private and family life
10. Right to interpretation and translation
11. Right to information and participation at criminal trials
12. Rights of victims: Directive 2012/29/EU and the restorative justice challenge
Third part: case-study workshops and summary of the course
13. Case-study workshop: CJEU, 12 December 2019, JR and YC (EAW); CJEU, 8 December 2020, A and Others (EIO)
14. Case-study workshop: ECtHR, 30 December 2014, Georgiev v. Bulgaria; ECtHR, 23 August 2019, Kanciał v. Poland (prohibition of torture)
15. Case-study workshop: ECtHR, 25 February 1993, Funke v. France; ECtHR, 17 December 1996, Saunders v. United Kingdom (presumption of innocence)
16. Case-study workshop: CJEU, 2 October 2018, Ministerio Fiscal (right to respect for private and family life)
17. Case-study workshop: CJEU, 15 October 2015, Covaci; CJEU, 5 June 2018, Kolev (rights to interpretation, translation, information)
18. Summary of the cases and glossary
examMode
The final grade is given on the basis of an oral test, in-class presentations during workshops and active participation in class.
books
The Cambridge Companion to European Criminal Law, ed. by K. Ambos and P. Rackow, Cambridge University Press, 2023, Chapters 1, 2, 3, 5 and 10;
G. Illuminati, General Principles of Criminal Procedures, in Elgar Encyclopedia of Crime and Criminal Justice, Elgar Publishing, 2022
mode
Classroom will be in person on Monday (3 pm - 5 pm) and Tuesday (11 am - 1 pm); online on Wednesday (3 pm - 5 pm).
The course will begin with an introduction to criminal law and criminal procedure in the European system, with a focus on the intersections between the Council of Europe and the European Union system. Since many judgments of the Court of Justice of the European Union and the European Court of Human Rights will be analyzed, an insight into the powers of such Courts will be provided too.
Then, the course will be organized on the basis of the different human rights under consideration. They will be selected mainly on the basis of those ones protected by the EU Directives on procedural safeguards in criminal proceedings, to which it will be paid special attention. The rights of victims during criminal investigations are part of the list.
A first evaluation of the students will be given through workshops in class. The students will be divided into groups and each group will be assigned a case. The group will present its case with the help of PowerPoint to the other students and answer their questions. During the course, an example of the required work will be provided, through a “case-study workshop trial”.
The judgments that will be analyzed during the course are landmark cases from the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, concerning pivotal aspects of contemporary European criminal procedure.
At the end of the course, a summary of the main findings of the analyzed case-law, as well as a glossary of the key-terms learned during it, will be assessed in class together with the students. Active participation of the students, although expected in every class, will be assessed especially in this last class, where a basic knowledge of the main topics studied during the course will be required.
ENGLISH FOR INTERNATIONAL RELATIONS AND HUMAN RIGHTS
CARLA FUSCO
First Semester
6
L-LIN/12
Learning objectives
The course aims at providing the students with the knowledge of the terminology of the domain selected, e.g. English for International Relations and Human Rights. The students will be encouraged to give their interpretation of the texts discussed during the lessons, and subsequently will be asked to focus on writing activities related to this specific field and to carry on individual and/or group research. At the end of the course, the students will have developed their critical skills in reading and understanding the texts and their topics; they will be able to identify the most suitable terminology and language for the most common communicative situations in different international work environments.
After attending the course, students will be able to: develop and/or apply original ideas, often in a research context (knowledge and understanding); solve problems in new or unfamiliar areas, inserted in broader or interdisciplinary contexts (applying knowledge and understanding); integrate knowledge and manage complexity, and formulate judgments even with incomplete data (making judgments); communicate their conclusions and knowledge to specialist and non-specialist audiences (communication skills) and study in a largely self-directed or autonomous way (learning skills).
“The Politics of Privacy and Surveillance” is an advanced course designed for students pursuing a Master’s Degree in Security and Human Rights (LM-90). This course explores the multifaceted relationship between privacy, surveillance, and political dynamics. Students will critically examine how technological advancements, legal frameworks, and societal attitudes interact to shape contemporary practices of surveillance, and how these practices impact individuals’ rights to privacy and human rights at large.
Learning Outcomes:
1. To develop a comprehensive understanding of privacy and surveillance issues in the context of contemporary politics and techno-social systems.
2. To analyze the historical evolution of surveillance and its impact on society, governance, and individual rights.
3. To assess the ethical implications of surveillance practices and their consequences on human rights, civil liberties, and democracy.
4. To examine the role of international organizations and legal instruments in addressing privacy and surveillance challenges.
5. To explore case studies of surveillance and privacy-related incidents, drawing lessons from real-world scenarios.
6. To foster critical thinking and research skills through discussions, debates, and independent research projects.
1. Introduction to Privacy and Surveillance
• Defining privacy and surveillance
• Historical context of surveillance
• Surveillance technologies and techniques
2. Politics, Power, and Surveillance
• Surveillance as a tool of social control
• Governmental surveillance and privacy implications
• Corporate surveillance and data collection
3. Privacy and Human Rights
• Right to privacy and international legal frameworks
• Surveillance’s impact on freedom of speech, association, and expression
• Privacy as a fundamental human right
4. Ethical Considerations in Surveillance
• Surveillance, consent, and individual autonomy
• Surveillance and discrimination
• Balancing security and privacy concerns
5. Surveillance and Democracy
• Surveillance and challenges to democratic principles
• Oversight mechanisms and accountability
• Public opinion and perceptions of surveillance
6. Case Studies in Surveillance and Privacy
• Surveillance in the digital age (e.g., online tracking, social media)
• Government surveillance programs (e.g., mass surveillance, intelligence agencies)
• Surveillance in the context of security threats and counterterrorism
examMode
1. Class Participation and Engagement (not applicable for non-attenders)
2. Individual or Group Presentations on Selected Topics (not applicable for non-attenders)
3. Research Papers or Essays (not applicable for non-attenders)
4. Case Study Analysis (not applicable for non-attenders)
5. Final Examination
books
- Shoshana Zuboff (2019), The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. New York: Public Affairs.
- Lyon, D. (2021). Pandemic surveillance. John Wiley & Sons.
Additional readings:
- Barbieri M. (2024) A subtle hypocrisy: insights into the Italian politics’ inertia on the counter-disinformation policy, in “Rivista di Digital Politics”, pp.91-110, ISSN 2785-0072, https://doi.org/10.53227/113722
- Santaniello M. & Barbieri M. (2024) Monocratic cybersecurity in the EU member states: insights from Italy, France, Germany and Spain, in “European Politics and Society”, pp.1-25, ISSN 2374-5126, https://doi.org/10.1080/23745118.2024.2349893
- Di Mascio F., Barbieri M., Selva D. & Natalini A., (2021) COVID-19 and the Information Crisis of Liberal Democracies: Insights from Action Against Disinformation In Italy and EU, in “Partecipazione e Conflitto”, 14 (1), pp. 221-240, https://doi.org/10.1285/i20356609v14i1p221
mode
Lectures and class discussions.
classRoomMode
Although attendance is optional, active participation in the course is recommended.
The syllabus is subject to change, and the professor may modify the schedule, readings, and assessment methods as necessary to enhance the learning experience. Students are encouraged to actively participate in class discussions and engage critically with the course materials.
119151 - LEGAL ISSUES OF DATA PROTECTION AND CYBERSEURITY
VALERIO BONTEMPI
First Semester
6
IUS/21
Learning objectives
1) Knowledge and understanding
The teaching aims to provide the student with knowledge and understanding regarding the protection of personal data.
2) Applied knowledge and understanding
The teaching aims to provide students with knowledge and understanding of the mechanisms through which public decision-makers protect citizens' personal data.
3) Autonomy of judgement
By the end of the course, the student should have acquired autonomy of judgement with regard to the issues referred to in points 1 and 2.
4) Communication skills
By the end of the course, the student should have acquired communication skills with regard to the issues referred to in points 1 and 2.
5) Learning ability
At the end of the course, the student must have acquired the ability to learn the issues referred to in points 1 and 2.
Lessons explore the fundamental right to personal data protection, government-to-business data sharing, data protection as performance-based regulation, privacy and marketing in data-driven business models, data protection and judicial automation, and the role of consent in an algorithmic society.
examMode
The examination consists of an oral interview focusing on the topics covered by the course and assessing the learner's acquired knowledge of the legal institutions under investigation, verifying the adequacy of the technical legal language learnt, the development of an overall view of the teaching through the ability to make connections between the various institutions under investigation. The final examination is held orally, unless otherwise agreed upon with the individual student.
books
Eleni Kosta, Ronald Leens with Irene Kamara (eds.), Research Handbook on EU Data Protection Law, Cheltenham, Edward Elgar, 2022
mode
Lessons will be held in a mixed mode: in-presence and remote
classRoomMode
The Course is structured in face-to-face lectures. Class attendance is optional.
bibliography
A. Masucci, L’atto amministrativo informatico. Primi lineamenti di una ricostruzione, Jovene, Napoli, 1993; S. Civitarese Matteucci e L. Torchia (a cura di), La tecnificazione, Firenze, Firenze University Press, 2017; G. Avanzini, Decisioni amministrative e algoritmi informatici. Predeterminazione analisi predittiva e nuove forme di intelligibilità, Editoriale scientifica, Napoli, 2019; L. CASINI, Lo Stato nell’era di Google. Frontiere e sfide globali, Mondadori, Milano, 2020; R. Cavallo Perin e D.-U. Galetta (a cura di), Il diritto dell’amministrazione pubblica digitale, Giappichelli, Torino, 2020; L. Previti, La decisione amministrativa robotica, Editoriale scientifica, Napoli, 2022; L. Casini, Lo Stato (im)mortale. I pubblici poteri tra globalizzazione ed era digitale, Mondadori, Milano, 2022; A. Martino, Tecnica e potere nell’amministrazione per algoritmi, Editoriale scientifica, Napoli, 2023; G. Sgueo, The Design of Digital Democracy, Springer, Berlin, 2023; L. Torchia, Lo Stato digitale. Una introduzione, Il mulino, Bologna, 2023; J.-B. Auby, G. De Minico, G. Orsoni (a cura di), L’amministrazione digitale. Quotidiana efficienza e intelligenza delle scelte, Atti del Convegno 9-10 maggio 2022 (Federico II, Napoli), Napoli, 2023. In materia, si veda anche B. Marchetti, L’amministrazione digitale, in B.G. Mattarella e M. Ramajoli (a cura di), Enciclopedia del diritto, I tematici, Funzioni amministrative, Milano, 2022, 75-109, nonché E. Carloni, Tendenze recenti e nuovi principi della digitalizzazione pubblica, in Giornale di diritto amministrativo, 2, 2015, 148-157; E. Carloni, Algoritmi su carta. Politiche di digitalizzazione e trasformazione digitale delle amministrazioni, in Diritto pubblico, 2, 2019, 363-391; R. Cavallo Perin, Ragionando come se la digitalizzazione fosse data, in Diritto amministrativo, 2020, 2; S. Stacca, Potere algoritmico. Profili organizzativi del rapporto tra amministrazione e automazione, in Diritto pubblico, 2024, 2; C. Ramotti, Participation in algorithmic administrative decision-making, in BioLaw Journal-Rivista di BioDiritto, 2024, 3.
119152 - ARTIFICIAL INTELLIGENCE AND THE THREATS OF AUTOMATED DECISION-MAKING
VALERIO BONTEMPI
First Semester
9
IUS/09
Learning objectives
1) knowledge and understanding
The teaching aims to provide the student with knowledge and understanding of the use of AI in the field of publicity.
2) Applied knowledge and understanding
The teaching aims to provide students with knowledge and understanding of the mechanisms through which public decision-makers make decisions using AI.
3) making judgements
At the end of the course, the student should have acquired autonomy of judgement with regard to the issues referred to in points 1 and 2.
4) Communication skills
At the end of the course, the student should have acquired communication skills with regard to the issues referred to in points 1 and 2.
5) Learning skills
At the end of the course, the student must have acquired the ability to learn the issues referred to in points 1 and 2.
The lectures explore the relationship between the digital state and administrative law; the relationship between technology, democracy and freedom; the relationship between data protection and digital sovereignty; European regulation of markets and services; The European regulation on artificial intelligence; Digital administration in Italy; Algorithmic legality; Automated administrative decisions; Public contracts and e-procurement; Digital justice and robotic decision-making.
examMode
The examination consists of an oral interview focusing on the topics covered by the course and assessing the learner's acquired knowledge of the legal institutions under investigation, verifying the adequacy of the technical legal language learnt, the development of an overall view of the teaching through the ability to make connections between the various institutions under investigation. The final examination is held orally, unless otherwise agreed upon with the individual student.
books
De Gregorio, Giovanni. Digital constitutionalism in Europe : reframing rights and powers in the algorithmic society. Cambridge Cambridge University Press, 2022
https://www.cambridge.org/core/books/digital-constitutionalism-in-europe/A3F61C6368D17D953457234B8A59C502
mode
Lessons will be held in a mixed mode: in-presence and remote.
classRoomMode
The Course is structured in face-to-face lectures. Class attendance is optional.
bibliography
A. Masucci, L’atto amministrativo informatico. Primi lineamenti di una ricostruzione, Jovene, Napoli, 1993; S. Civitarese Matteucci e L. Torchia (a cura di), La tecnificazione, Firenze, Firenze University Press, 2017; G. Avanzini, Decisioni amministrative e algoritmi informatici. Predeterminazione analisi predittiva e nuove forme di intelligibilità, Editoriale scientifica, Napoli, 2019; L. CASINI, Lo Stato nell’era di Google. Frontiere e sfide globali, Mondadori, Milano, 2020; R. Cavallo Perin e D.-U. Galetta (a cura di), Il diritto dell’amministrazione pubblica digitale, Giappichelli, Torino, 2020; L. Previti, La decisione amministrativa robotica, Editoriale scientifica, Napoli, 2022; L. Casini, Lo Stato (im)mortale. I pubblici poteri tra globalizzazione ed era digitale, Mondadori, Milano, 2022; A. Martino, Tecnica e potere nell’amministrazione per algoritmi, Editoriale scientifica, Napoli, 2023; G. Sgueo, The Design of Digital Democracy, Springer, Berlin, 2023; L. Torchia, Lo Stato digitale. Una introduzione, Il mulino, Bologna, 2023; J.-B. Auby, G. De Minico, G. Orsoni (a cura di), L’amministrazione digitale. Quotidiana efficienza e intelligenza delle scelte, Atti del Convegno 9-10 maggio 2022 (Federico II, Napoli), Napoli, 2023. In materia, si veda anche B. Marchetti, L’amministrazione digitale, in B.G. Mattarella e M. Ramajoli (a cura di), Enciclopedia del diritto, I tematici, Funzioni amministrative, Milano, 2022, 75-109, nonché E. Carloni, Tendenze recenti e nuovi principi della digitalizzazione pubblica, in Giornale di diritto amministrativo, 2, 2015, 148-157; E. Carloni, Algoritmi su carta. Politiche di digitalizzazione e trasformazione digitale delle amministrazioni, in Diritto pubblico, 2, 2019, 363-391; R. Cavallo Perin, Ragionando come se la digitalizzazione fosse data, in Diritto amministrativo, 2020, 2; S. Stacca, Potere algoritmico. Profili organizzativi del rapporto tra amministrazione e automazione, in Diritto pubblico, 2024, 2; C. Ramotti, Participation in algorithmic administrative decision-making, in BioLaw Journal-Rivista di BioDiritto, 2024, 3.
119153 - NEW FRONTIERS OF SUSTAINABILITY: THE REGULATORY ARCHITECTURE OF THE EUROPEAN GREEN DEAL
MARCO BEVILACQUA
Second Semester
6
IUS/10
Learning objectives
1) knowledge and understanding
The teaching aims to provide the student with knowledge and understanding of the principle of environmental sustainability.
2) Applied knowledge and understanding
The teaching aims to provide students with knowledge and understanding of the mechanisms through which public decision-makers are conditioned by the principle of environmental sustainability.
3) making judgements
At the end of the course, the student should have acquired autonomy of judgement with regard to the issues referred to in points 1 and 2.
4) Communication skills
At the end of the course, the student should have acquired communication skills with regard to the issues referred to in points 1 and 2.
5) Learning skills
At the end of the course, the student must have acquired the ability to learn the issues referred to in points 1 and 2.
The course addresses and problematizes the European Green Deal as a strategy to counter climate change side-effects. Hence, the analysis of the European Green Deal will highlight two significant aspects: on one hand, the Green Deal is not just a strategy for climate neutrality; on the other hand, the transformative capacity of this policy for Europe in the broader context of the European integration process.
examMode
The exam consists of an oral test, unless a different evaluation method has been agreed upon with the student.
books
E. Chiti, A. Giorgi (eds.), Ecological Sustainability and the Law: the European Green Deal and the New Frontiers of Sustainability, Turin, Giappichelli, 2024.
classRoomMode
Attendance is optional, but highly recommended.
bibliography
Pollex, J., & Lenschow, A. (2024). When talk meets actions – return to Commission leadership in EU environmental policy-making with the European Green Deal. Journal of European Public Policy, 1–26; A. Sikora, European Green Deal– legal and financial challenges of the climate change, ERAForum (2021) 21:681–697; R.C. Fleming, R. Mauger, Green and Just? An Update on the ‘European Green Deal’, Journal for European Environmental & Planning Law 18 (2021) 164-180; H. Dyrhauge, K. Kurze, Making the European Green Deal Work : EU Sustainability Policies at Home and Abroad, London, Routledge, 2024.
MODULE II
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-
-
-
ENVIRONMENTAL SECURITY: FOOD, ENERGY AND RAW MATERIALS
Second Semester
2
IUS/03
Learning objectives
The second module focuses on a comprehensive and detailed introduction to Life Cycle Assessment (LCA) as a methodology for assessing the environmental performance of the production of goods or services.
Objectives:
1. Knowledge and understanding of the complete LCA approach and its procedural framework, following the four steps outlined in the international standard ISO 14040/44.
2. Ability to apply the theories and tools learned in a practical context, both in the analysis of production processes and in the identification of opportunities to improve environmental performance.
3. Autonomy in assessing the merits of different methodologies and tools related to LCA, and understanding how this can influence business decisions to improve environmental sustainability.
4. Ability to communicate the theoretical concepts and practical applications of LCA through case studies and concrete examples.
5. Learning skills: ability to approach the learning process in a fully autonomous and self-directed manner.
CIRCULAR ECONOMY AND REGENERATIVE GROWTH
Second Semester
3
SECS-P/01
Learning objectives
The training purpose of the course is to provide students with knowledge of principles, concepts and models for the circular economy and sustainability.
Topics related to the management of the new circular paradigm, with a focus on resources, product/process, waste, business models, policy, the role of technology, and stimulus tools, are widely covered within the course.
ECONOMICS AND HISTORY OF DEVELOPMENT
VITTORIO CALIGIURI
Second Semester
6
SECS-P/12
Learning objectives
The teaching aims aThe course aims to provide students with a historical and theoretical approach to the study of development economics.
The interdisciplinary approach is maintained throughout the course.
The modules address the historical analysis of development and the study of the main development theories that have explained the processes involved in the evolution of the capitalist world economy.
Particular attention will be paid to the dynamics of development and underdevelopment that have accompanied the evolution of global capitalism, influencing the economic and social structures of the countries of the Global South.
The analysis of the relationship between theoretical evolution and historical dynamics related to the problem of economic development will be addressed by referring to concrete case studies from a global perspective.
Learning Outcomes:
- The understanding of the relevance of basic economic concepts in the contemporary age and their historicisation.
- The interpretation of the processes of interdependence and globalisation from the second half of the 18th century to the present day.
- The understanding of the main theories of development
- Providing tools for the interpretation and critique of the main economic dynamics affecting the relationship between the Global North and the Global South.
The course focuses on the aspects of digital evidence that may be incompatible with individual human rights guarantees (in both the domestic, and EU law, and not EU law), such as privacy and social relationships, focusing on civil procedural law. The course further aims at providing practical knowledge for the acquisition of digital evidence in compliance with human rights.
Knowledge and Understanding
At the end of the course students are expected to have acquired full knowledge and understanding of the framework of issues relating to digital evidence and their interaction with individual human rights guarantees, at the different legal system in which their protection is articulated.
Applying knowledge and understanding
At the end of the course students are expected on one side to have acquired the skills to interpret the digital evidence law sources and to make links between the relevant institutions and on the other side to have acquired the understanding of the doctrinal and jurisprudential opinions on the main issues in digital evidence. With reference to this learning objective, supplementary didactics and directed studies will be provided.
Making judgements
At the end of the course students are expected to have acquired both skills of making judgements about the application of the main procedural and substantive institutions involved in the taking of evidence, in the different legal systems analysed. With reference to this learning objective, supplementary didactics and directed study will be provided.
Communication skills
At the end of the course students are expected to be able to communicate the acquired knowledges using the specific language so as to be understood also by specialized counterparties and consultants.
Learning skills
At the end of the course students are expected to be able to carry on with digital evidence studies and to orientate themselves also dealing with the changing of civil procedure rules.
1. Privacy as human right in EU
2. Right to proof as human right in EU
3. Taking of evidence and privacy issues in EU
4. Digital evidence and privacy issues in EU
5. Privacy and taking of evidence in USA
6. Privacy and taking of evidence in China
7. Digital evidence in US discovery
8. Taking of digital evidence in transnational litigation and privacy issues
9. Law cases
For non-attending students, the exam will be oral and will cover the following essays:
1. The Legal Concept of Evidence
2. The Use of Electronic Evidence in the European Area of Freedom, Security, and Justice
3. Normalising the use of electronic evidence: Bringing technology use into a familiar normative path in civil procedure
4. Certification, registration and assessment of digital forensic experts: The UK experience
5. Computer-Based Discovery in Federal Civil Litigation
6. Digital Evidence in Domestic Core International Crimes Prosecutions
7. Expert Evidence and Digital Open Source Information
8. Applications of Artificial Intelligence in the Production and Use of Digital Documents and Electronic Evidence as Proof in Civil and Criminal Litigation
examMode
Attending-students:
The assessment is by written exam: 16 multiple-choice questions and 2 short essay questions
Not-attending-students:
The assessment is by written exam. The knowledge of the main subjects is verified through general questions. In answering, the student must be able to show an adequate knowledge of the basic principles and main subjects, as well as understanding the purposes of the legal regulation. The student must show the ability to understand the rational of principles and legal regulation, demonstrating her/his/ own arguing and reasoning skills.
books
For attendig students, the lecture course is based on relevant part of hand-books, articles and law cases. The relevant material will be specified at the beginning of the lectures.
For non-attending students, the reference material is as follows:
- Shamsollah Shaliga, Tayyeb Arefnia, Mehdi Mohammadian Amiri, Applications of Artificial Intelligence in the Production and Use of Digital Documents and Electronic Evidence as Proof in Civil and Criminal Litigation, in Legal Studies in Digital Age, Vol. 3, No. 2, 2024, 10 ss.;
Peter Sommer, Certification, registration and assessment of digital forensic experts: The UK experience, in Digital Investigation, 8, 2011, 98 ss.;
- Kenneth J. Withers, Computer-Based Discovery in Federal Civil Litigation, in in the Federal Courts Law Review at
www.fedjudge.org;
- Karolina Aksamitowska, Digital Evidence in Domestic Core International Crimes Prosecutions, in Journal of International Criminal Justice 19 (2021), 189 ss.;
- Matthew Gillett, Wallace Fan, Expert Evidence and Digital Open Source Information, in Journal of International Criminal Justice 21 (2023), 661 ss.;
- Elena Alina Onţanu, Normalising the use of electronic evidence: Bringing technology use into a familiar normative path in civil procedure, in OÑATI SOCIO-LEGAL SERIES VOLUME 12, ISSUE 3 (2022), 582 ss.;
- Hock Lai, "The Legal Concept of Evidence", The Stanford Encyclopedia of Philosophy (Winter 2021 Edition), Edward N. Zalta (ed.), URL = <https://plato.stanford.edu/archives/win2021/entries/evidence-legal/>;
- Adam Juszczak, Elisa Sason, The Use of Electronic Evidence in the European Area of Freedom, Security, and Justice, in https://eucrim.eu/articles/the-use-of-electronic-evidence-in-the-european-area-of-freedom-security-and-justice/#:~:text=With%20its%20new%20e%2Devidence,principle%2C%20the%20need%20to%20involve.
mode
The course is structured in lectures, which are also held remotely. Supplementary lectures are also provided, during which clarifications are offered on the more complex issues raised by the use of digital tools in the taking of evidence.
classRoomMode
The course is structured in lectures, which are also held remotely. Supplementary lectures are also provided, during which clarifications are offered on the more complex issues raised by the use of digital tools in the taking of evidence.
bibliography
For attending students, the bibliography will be established at the beginning of the course.
For non-attending students, the reference bibliography is as follows:
- Rebecca A. Delfino, Deepfakes on Trial: A Call To Expand the Trial Judge's Gatekeeping Role To Protect Legal Proceedings from Technological Fakery, 74 Hastings L.J. 293;
- Andrew Guthrie Ferguson, Digital Habit Evidence, 72 Duke L.J. 724;
- European Committee on Legal Co-Operation (CDCJ), The Use Of Electronic Evidence in Civil And Administative Law Proceedings And its Effect on The Rules Of Evidence And Modes Of Proof, 26 July 2016;
- Daniel Brantes, Digital Evidence: The Admissibility of Leaked and Hacked Evidence in Arbitration Proceedings, International Journal Semiotics Law Revue internationale Sémiotique juridique, May 2023;
- Maria Angela Biasiotti, Mattia Epifani, Fabrizio Turchi, The Evidence Project: Bridging the Gap in The Exchange Of Digital Evidence Across Europe, Proceedings of 10th Intl. Conference on Systematic Approaches to Digital Forensic Engineering;
- European e-Justice Portale, Taking of Evidence – Italy;
- ICO, Overview of the General Data Protection Regulation (GDPR);
- Jessica Shurson, Data protection and law enforcement access to digital evidence: resolving the reciprocal conflicts between EU and US law, International Journal of Law and Information Technology, 2020, 28, 167–18.
119142 - HUMAN RIGHTS AND SECURITY IN EU CRIMINAL INVESTIGATIONS
FRANCESCO SANVITALE
First Year / Second Semester
6
IUS/16
Learning objectives
The course offers an overview of the development of the European Area of Freedom, Security and Justice, discussing its fundamental principles. Particular attention will be devoted to the study of European sources safeguarding human rights in criminal proceedings.
The interplay and conflict between human rights and security, particularly at the investigative stage, will emerge through the direct analysis of concrete cases and the study of the main issues underlying the EU Directives on procedural safeguards in criminal proceedings.
First part: the European legal framework for the protection of human rights in criminal proceedings
1. Introduction: what is criminal law? What is criminal procedure? How are they connected to rights and security? The issues of globalization in the criminal context and of trans-national crime
2. Council of Europe system, the European Convention on Human Rights (ECHR) and the European Court of Human Rights (ECtHR)
3. European Union (EU) system, the Court of Justice of the EU (CJEU), the Area of Freedom, Security and Justice (AFSJ)
4. EU Criminal Procedure. European Arrest Warrant (EAW) and European Investigation Order (EIO)
5. Comparison and connections between systems, Courts and types of judgments. The right to a fair trial in Art. 6 ECHR and the Directives on procedural safeguards in criminal proceedings
Second part: human rights in criminal proceedings
6. Prohibition of torture: Case-study workshop trial - ECtHR, 1 June 2010, Gäfgen v. Germany
7. The right of access to a lawyer (Directive 2013/48/EU) - Case-study workshop trial (ECtHR, Salduz and ECtHR, Ibrahim)
8. Presumption of innocence and the right against self-incrimination (Directive 2016/343/EU)
9. Right to respect for private and family life
10. Right to interpretation and translation
11. Right to information and participation at criminal trials
12. Rights of victims: Directive 2012/29/EU and the restorative justice challenge
Third part: case-study workshops and summary of the course
13. Case-study workshop: CJEU, 12 December 2019, JR and YC (EAW); CJEU, 8 December 2020, A and Others (EIO)
14. Case-study workshop: ECtHR, 30 December 2014, Georgiev v. Bulgaria; ECtHR, 23 August 2019, Kanciał v. Poland (prohibition of torture)
15. Case-study workshop: ECtHR, 25 February 1993, Funke v. France; ECtHR, 17 December 1996, Saunders v. United Kingdom (presumption of innocence)
16. Case-study workshop: CJEU, 2 October 2018, Ministerio Fiscal (right to respect for private and family life)
17. Case-study workshop: CJEU, 15 October 2015, Covaci; CJEU, 5 June 2018, Kolev (rights to interpretation, translation, information)
18. Summary of the cases and glossary
examMode
The final grade is given on the basis of an oral test, in-class presentations during workshops and active participation in class.
books
The Cambridge Companion to European Criminal Law, ed. by K. Ambos and P. Rackow, Cambridge University Press, 2023, Chapters 1, 2, 3, 5 and 10;
G. Illuminati, General Principles of Criminal Procedures, in Elgar Encyclopedia of Crime and Criminal Justice, Elgar Publishing, 2022
mode
Classroom will be in person on Monday (3 pm - 5 pm) and Tuesday (11 am - 1 pm); online on Wednesday (3 pm - 5 pm).
The course will begin with an introduction to criminal law and criminal procedure in the European system, with a focus on the intersections between the Council of Europe and the European Union system. Since many judgments of the Court of Justice of the European Union and the European Court of Human Rights will be analyzed, an insight into the powers of such Courts will be provided too.
Then, the course will be organized on the basis of the different human rights under consideration. They will be selected mainly on the basis of those ones protected by the EU Directives on procedural safeguards in criminal proceedings, to which it will be paid special attention. The rights of victims during criminal investigations are part of the list.
A first evaluation of the students will be given through workshops in class. The students will be divided into groups and each group will be assigned a case. The group will present its case with the help of PowerPoint to the other students and answer their questions. During the course, an example of the required work will be provided, through a “case-study workshop trial”.
The judgments that will be analyzed during the course are landmark cases from the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, concerning pivotal aspects of contemporary European criminal procedure.
At the end of the course, a summary of the main findings of the analyzed case-law, as well as a glossary of the key-terms learned during it, will be assessed in class together with the students. Active participation of the students, although expected in every class, will be assessed especially in this last class, where a basic knowledge of the main topics studied during the course will be required.
119166 - ENGLISH FOR INTERNATIONAL RELATIONS AND HUMAN RIGHTS
CARLA FUSCO
First Year / Second Semester
6
L-LIN/12
Learning objectives
The course aims at providing the students with the knowledge of the terminology of the domain selected, e.g. English for International Relations and Human Rights. The students will be encouraged to give their interpretation of the texts discussed during the lessons, and subsequently will be asked to focus on writing activities related to this specific field and to carry on individual and/or group research. At the end of the course, the students will have developed their critical skills in reading and understanding the texts and their topics; they will be able to identify the most suitable terminology and language for the most common communicative situations in different international work environments.
After attending the course, students will be able to: develop and/or apply original ideas, often in a research context (knowledge and understanding); solve problems in new or unfamiliar areas, inserted in broader or interdisciplinary contexts (applying knowledge and understanding); integrate knowledge and manage complexity, and formulate judgments even with incomplete data (making judgments); communicate their conclusions and knowledge to specialist and non-specialist audiences (communication skills) and study in a largely self-directed or autonomous way (learning skills).
120298 - ADDITIONAL FORMATIVE SKILLS FOR JOB PLACEMENT
First Year / Second Semester
8
MODULE II
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6
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119149 - MIGRATION AND INTEGRATION POLICIES IN POST-WAR EUROPE
SIMONE DURANTI
Second Year / Second Semester
6
M-STO/04
Learning objectives
1) Knowledge and understanding of relations between migrant communities and the British State 1945-1990;
2) Knowledge and understanding of the communication style of political messages and propaganda in the press;
3) Independent judgement and ability to interpret the main government interventions in the field of containment of migration flows;
4) Communication skills in the oral return of the communication techniques of British policy in the field of containment of migration and management of Race Relations;
5) Ability to learn the key words used in the process of comparison between migrant communities and government authorities.
Great Britain is a fundamental case study for the understanding of the problems generated by the international and European migration flows since the Second World War. Its imperial legacy, together with the construction of the welfare state, led to an important debate on the white rather than multiethnic characteristics of a nation between isolation, integration into the European Economic Community and the end of colonial possessions.
The course covers the period between 1945 and the Thatcher governments of the 1980s. The first lessons will cover the quantitative description of migratory flows in England, the origins of each migrant communities and places of settlement. Subsequently, the political and media debate on the issue of ethnic minorities coming to England after 1945, legislation to regulate flows and to combat the spread of racism (Race Relations Acts) will be addressed. The third part of the course will address the social and political organization of ethnic minorities between attempting to integrate into British society and preserving their own cultural peculiarities. The course will reach an end with the analysis of the clashes between black and Asian youth and the police forces between the seventies and eighties and the problem of ghettos (inner cities). These last aspects began to undermine the concept of multicultural nation spread by British culture and politics.
examMode
The student's acquired knowledge will be ascertained by means of an oral examination at the conclusion of the course.
books
Compulsory bibliography:
1. Colin Holmes, John Bull’s Island. Immigration and British Society, 1871-1971, Routledge 2016 (only parts 3 and 4 – from p. 209 to p. 317).
2. Ian Sanjay Patel, We’re Here Because You Were There. Immigration and the End of Empire, Verso 2021 (only the introduction and Part 1 “We’re Here: Immigration and Empire” – from p. 1 to p. 94)
3. Nicole M. Jackson, ‘A nigger in the new England’: ‘Sus’, the Brixton riot, and citizenship, in “African and Black Diaspora: An International Journal”, v. 8, n. 2, 2015, pp. 158-170.
mode
Attendance is optional and in presence.
classRoomMode
Attendance at classes is not compulsory. However, considering that the teaching will be organised to ensure the centrality of the active role of the student, participation in the lessons is strongly recommended
bibliography
Other texts may be agreed with the teacher.
119148 - THE PROBLEM OF CITIZENSHIP: HISTORICAL AND PHILOSOPHICAL PERSPECTIVES
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6
-
-
Learning objectives
The main learning objective is to provide students, through a critical approach, with the acquisition of a sound knowledge of the most relevant topics, categories and authors of legal history relating to citizenship.
D1 - Knowledge and understanding
Through the knowledge acquired, students will be able to develop a specific sensitiveness to the interpretation of “citizenship” within legal history, bearing in mind both fundamental legal notions and its development in relation to subjects and contexts
D2 - Applying knowledge and understanding
At the end of the course, students will be able to interpret the main theories of citizenship and apply them to contemporary cases in a variety of contexts, by understanding their implications in concrete cases
D3 - Making judgements
By the end of the course, students will be able to autonomously elaborate the acquired notions, as well as to develop critical judgement skills, through the examination of key concepts of legal-historical reflection related to citizenship
D4 - Communication skills
By the end of the course, students will have developed terminological accuracy related to the legal and historical notions and the ability to communicate in English in public, in particular, having learned to present the acquired knowledge (referred to in points D1 and D2) with an appropriate language. By learning the notions of theoretical and legal-philosophical language, students will be able to communicate content of specific meaning in the legal field
D5 - Learning skills
By the end of the course, students will have acquired the ability to develop arguments suitable for supporting theses on the topics covered within the course and to acquire the proper instruments for an autonomous and adequate updating
119148_1 - MODULE I
ALBERTO SPINOSA
Second Year / Second Semester
3
IUS/19
Learning objectives
The main learning objective is to provide students, through a critical approach, with the acquisition of a sound knowledge of the most relevant topics, categories and authors of legal history relating to citizenship.
D1 - Knowledge and understanding
Through the knowledge acquired, students will be able to develop a specific sensitiveness to the interpretation of “citizenship” within legal history, bearing in mind both fundamental legal notions and its development in relation to subjects and contexts
D2 - Applying knowledge and understanding
At the end of the course, students will be able to interpret the main theories of citizenship and apply them to contemporary cases in a variety of contexts, by understanding their implications in concrete cases
D3 - Making judgements
By the end of the course, students will be able to autonomously elaborate the acquired notions, as well as to develop critical judgement skills, through the examination of key concepts of legal-historical reflection related to citizenship
D4 - Communication skills
By the end of the course, students will have developed terminological accuracy related to the legal and historical notions and the ability to communicate in English in public, in particular, having learned to present the acquired knowledge (referred to in points D1 and D2) with an appropriate language. By learning the notions of theoretical and legal-philosophical language, students will be able to communicate content of specific meaning in the legal field
D5 - Learning skills
By the end of the course, students will have acquired the ability to develop arguments suitable for supporting theses on the topics covered within the course and to acquire the proper instruments for an autonomous and adequate updating
'Citizenship' presents itself as a flexible scheme, capable of addressing the problem of the relationship between the subject and the political community in very different historical contexts. It can be applied to pre-modern societies (to the Greek polis as well as to the medieval civitas), it can be referred to the process of constituting modern statehood, and it can finally help to focus on today's crisis of the state form, which currently seems threatened by the formation of new supra-state structures (UE), no less than by widespread 'federalist' demands.
Questioning citizenship in this perspective means asking how the prerogatives, burdens, obligations, rights, and duties of a subject have been defined in different historical contexts. Not an abstract, imaginary subject, but a subject rooted in a specific political-legal order.
examMode
The final exam will consist in an oral examination and will cover the contents of both modules, starting from general questions to more specific and detailed ones
books
For attending students: materials and slides distributed in class
For non-attending students: Chapters 4, 6, 8, 17 and 20 from E. F. ISIN, B. S. TURNER, Handbook of Citizenship Studies, London, SAGE Publications, 2002
mode
blended teaching
classRoomMode
Attendance is recommended, but not mandatory
bibliography
F. ISIN, B. S. TURNER, Handbook of Citizenship Studies, London, SAGE Publications, 2002
119148_2 - MODULE II
BARBARA GIOVANNA BELLO
Second Year / Second Semester
3
IUS/20
Learning objectives
The main learning objective is to provide students, through a critical approach, with the acquisition of a sound knowledge of the most relevant topics, categories and authors of legal philosophy relating to citizenship
D1 - Knowledge and understanding
Through the knowledge acquired, students will be able to develop a specific sensitiveness to the interpretation of “citizenship” within legal philosophy, bearing in mind both fundamental legal notions and its development in relation to subjects and contexts
The module aims to introduce and discuss the main theories of citizenship developed in philosophical-legal thought and related models of citizenship as a set of rights, responsibilities and practices. First, the module will cover the main theories developed in the European tradition and discuss their potential and challenges in relation to rights in the contemporary world. It will then explore some often neglected approaches to citizenship, such as postcolonial and feminist ones. Finally, it will conclude with some references to the current debate on the new frontiers of citizenship, namely digital citizenship and post-humanism.
After an introduction to republican, liberal and communitarian models of citizenship, the following topics will be addressed: 1) Universalist and differential theories: Multicultural citizenship; 2) From cosmopolitanism to globalism; 3) Material and symbolic borders and critical migration theory; 4) Post/neocolonial epistemologies; 5) Feminist and intersectional perspectives on citizenship; 6) Offline and digital citizenship; 7) Posthumanism: Citizenship in the Anthropocene
examMode
The final exam will consist in an oral examination and will cover the contents of both modules, starting from general questions to more specific and detailed ones
Assessment levels
The student’s ability to develop an organic and critical vision of the topics covered, the ability to work autonomously and the use of a precise and rigorous language will lead to an assessment of excellence.
The ability to summarise and analyse in depth and/or a correct, but not always rigorous, language will lead to fair marks.
Gaps in preparation and/or the use of inadequate language, even if there is a basic knowledge of the examination material, will result in assessments that do not exceed the pass mark.
Gaps in preparation, such as having omitted some of the texts included in the programme, the use of inadequate language and the inability to orient oneself effectively in the course material, will not be taken into account positively for assessment purposes.
books
To prepare for the exam, students are recommended to study the educational material listed in the section “Bibliografia di riferimento” (below)
classRoomMode
Attendance is not mandatory. However, it is highly recommended as the classes are designed to ensure student interaction and active participation
119163 - BORDERS OF SOCIAL RIGHTS AND LABOUR RIGHTS IN EUROPE
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6
-
-
Learning objectives
The course module is centered around safeguarding social rights within the framework of our legal system's fundamental norms, which include the Italian Constitution and the Charter of Fundamental Rights of the European Union. The module specifically explores both individual and collective social rights that are granted to workers and trade unions under these fundamental norms. By the end of the course, students will have gained a solid understanding of the covered topics and will possess a sufficient grasp of the regulatory sources that govern this subject. Moreover, the students should be able to consciously apply the tools they have acquired and effectively employ the technical language associated with the subject matter.
119163_1 - MODULE I
MICAELA VITALETTI
Second Year / Second Semester
3
IUS/07
119163_2 - MODULE II
MICAELA VITALETTI
Second Year / Second Semester
3
IUS/09
Learning objectives
The course module is centered around safeguarding social rights within the framework of our legal system's fundamental norms, which include the Italian Constitution and the Charter of Fundamental Rights of the European Union. The module specifically explores both individual and collective social rights that are granted to workers and trade unions under these fundamental norms. By the end of the course, students will have gained a solid understanding of the covered topics and will possess a sufficient grasp of the regulatory sources that govern this subject. Moreover, the students should be able to consciously apply the tools they have acquired and effectively employ the technical language associated with the subject matter.
119155 - ENVIRONMENTAL SECURITY: FOOD, ENERGY AND RAW MATERIALS
-
6
-
-
Learning objectives
The second module focuses on a comprehensive and detailed introduction to Life Cycle Assessment (LCA) as a methodology for assessing the environmental performance of the production of goods or services.
Objectives:
1. Knowledge and understanding of the complete LCA approach and its procedural framework, following the four steps outlined in the international standard ISO 14040/44.
2. Ability to apply the theories and tools learned in a practical context, both in the analysis of production processes and in the identification of opportunities to improve environmental performance.
3. Autonomy in assessing the merits of different methodologies and tools related to LCA, and understanding how this can influence business decisions to improve environmental sustainability.
4. Ability to communicate the theoretical concepts and practical applications of LCA through case studies and concrete examples.
5. Learning skills: ability to approach the learning process in a fully autonomous and self-directed manner.
119155_1 - MODULE I
ALESSANDRO BUFALINI
Second Year / Second Semester
2
IUS/03
Learning objectives
The first module of the course focuses on the new challenges related to environmental security in international and European law. The course is centered on the explanation of the legal scope of the emerging principle One Health, which recognizes that human health, animal welfare and environmental protection are strictly interrelated, as clearly showed by the COVID-19 pandemic.
Goals:
1. Knowledge and understanding of the main international and European rules addressed to environmental security, food safety and food security, energy, protection of the human right to health and the prevention of zoonotic diseases, the protection of animal welfare.
2. Knolwedge and understanding of the functioning of the main international and European organizations that deal with these topics, such as the UN, FAO, UNEP, WHO, WTO, EU, Council of Europe.
3. Autonomy in assessing the perspectives of reform of global health governance in light of the ongoing negotiations for a new pandemic treaty.
The second module focuses on a comprehensive and detailed introduction to Life Cycle Assessment (LCA) as a methodology for assessing the environmental performance of the production of goods or services.
Objectives:
1. Knowledge and understanding of the complete LCA approach and its procedural framework, following the four steps outlined in the international standard ISO 14040/44.
2. Ability to apply the theories and tools learned in a practical context, both in the analysis of production processes and in the identification of opportunities to improve environmental performance.
3. Autonomy in assessing the merits of different methodologies and tools related to LCA, and understanding how this can influence business decisions to improve environmental sustainability.
4. Ability to communicate the theoretical concepts and practical applications of LCA through case studies and concrete examples.
5. Learning skills: ability to approach the learning process in a fully autonomous and self-directed manner.
Introduction to Life cycle thinking and LCA.
Definition of Life Cycle Analysis
The definition and stages of an LCA according to ISO 14040/44 standards and generalities about the methodology.
Inventory-based analysis (LCI)
Analysis of environmental impacts (LCIA): main categories of environmental impacts
Environmental labels: ISO 14020 series (Type I, II and III)
Environmental product declaration (EPD)
examMode
The assessment includes an oral exam consisting of two theoretical questions related to the course content. Additionally, during the final lesson, there will be an exercise on the key aspects of the course, which will be evaluated as part of the final grade.
books
Teaching materials available in electronic format provided by the lecturer
classRoomMode
Attendance in person is strongly recommended. If attending is not possible, students are encouraged to contact the instructor to inform them. The study program remains unchanged for non-attending students, and the exam format will be the same, consisting of an oral test with two theoretical questions.
bibliography
Hausschild, M.Z.; Rosenbaum, R.K.; Olsen, S.I. Life Cycle Assessment, Theory and Practice; Springer: Berlin, Germany, 2018; ISBN 978-3-319-56474-6
119155_3 - MODULE III
DAVIT PIPOYAN
Second Year / Second Semester
2
SECS-P/13
Learning objectives
The module provides materials science education in several industrial manufacturing processes, particularly on efficiently utilising raw materials, food supply systems and energy to pursue sustainability security.
Through analysing the dynamics of change that have affected several industrial production processes in the last decade, the course provides students with the knowledge and understanding of materials, products and related technologies to foster the sustainability transition process.
Skills to be acquired:
Module III Goal:
- Understanding the benefits and opportunities that affect the companies' decisions in introducing strategies for environmental security.
- Examining the principles and concepts related to environmental security issues and tools to pursue sustainability.
The teaching methodology promotes an interactive approach (analysis of case studies and/or scientific papers, seminars and group work for the in-depth analysis of specific topics).
Knowledge and understanding: Ability to apply the theories and tools studied in several organizational contexts about environmental security.
Applying knowledge and understanding: Recognize how to use and implement different tools to pursue sustainability.
Making judgements: Know how to interpret the benefits of the different theories and tools related to environmental security.
Communication skills: Know how to present case studies and apply theoretical notions to practical cases study.
Learning skills: Ability to approach the learning process completely autonomously and self-managed.
The training purpose of the course is to provide students with knowledge of principles, concepts and models for the circular economy and sustainability.
Topics related to the management of the new circular paradigm, with a focus on resources, product/process, waste, business models, policy, the role of technology, and stimulus tools, are widely covered within the course.
119156_1 - MODULE I
CHIARA GRAZINI
Second Year / Second Semester
3
SECS-P/01
Learning objectives
The training purpose of the course is to provide students with knowledge of principles, concepts and models for the circular economy and sustainability.
Topics related to the management of the new circular paradigm, with a focus on resources, product/process, waste, business models, policy, the role of technology, and stimulus tools, are widely covered within the course.
During the course, the following topics will be covered:
1. Environmental Economics and market failures: a brief outline
2. From linear economy to circular economy: main characteristics and limits of linear models.
3. The contribution of the circular economy to the Sustainable Development Goals adopted by the United Nations
4. Circular economy’s principles and barriers to its diffusion
5. The value creation and business models for a circular economy
6. Indicators of circularity and best practices
examMode
For each module, the student will be asked to prepare a project that analyses a case study in detail to understand the real application of principles and strategies of circular economy. The final assessment will consist of a written test of two open questions on the subjects covered during the course for each module, for a total of four questions.
books
Slides and other teaching materials will be made available to students during the course. The texts to be referred to during the lessons are:
- the publication, edited for the OECD by UCL Institute for Sustainable Resources, University College London, "Ekins, P., Domenech, T., Drummond, P., Bleischwitz, R., Hughes, N., & Lotti, L. (2020). The circular economy: What, why, how and where. Available at the link https://discovery.ucl.ac.uk/id/eprint/10093965/1/Ekins-2019-Circular-Economy-What-Why-How-Where.pdf
- Lacy, P., Keeble, J., McNamara, R., Rutqvist, J., Haglund, T., Cui, M., Cooper, A., Pettersson, C., Kevin, E., & Buddemeier, P. (2014). Circular advantage: innovative business models and technologies to create value in a world without limits to growth. Accenture: Chicago, IL, USA, 24.
- MacArthur, E. (2013). Towards the circular economy. Journal of Industrial Ecology, 2(1), 23–44.
- MacArthur, E. (2015). Towards a circular economy: business rationale for an accelerated transition. Greener Manag International, 20.
classRoomMode
Attendance is not compulsory
bibliography
- the publication, edited for the OECD by UCL Institute for Sustainable Resources, University College London, "Ekins, P., Domenech, T., Drummond, P., Bleischwitz, R., Hughes, N., & Lotti, L. (2020). The circular economy: What, why, how and where. Available at the link https://discovery.ucl.ac.uk/id/eprint/10093965/1/Ekins-2019-Circular-Economy-What-Why-How-Where.pdf
- Lacy, P., Keeble, J., McNamara, R., Rutqvist, J., Haglund, T., Cui, M., Cooper, A., Pettersson, C., Kevin, E., & Buddemeier, P. (2014). Circular advantage: innovative business models and technologies to create value in a world without limits to growth. Accenture: Chicago, IL, USA, 24.
- MacArthur, E. (2013). Towards the circular economy. Journal of Industrial Ecology, 2(1), 23–44.
- MacArthur, E. (2015). Towards a circular economy: business rationale for an accelerated transition. Greener Manag International, 20.
119156_2 - MODULE II
MARIAGRAZIA PROVENZANO
Second Year / Second Semester
3
SECS-P/13
119157 - ECONOMICS AND HISTORY OF DEVELOPMENT
VITTORIO CALIGIURI
Second Year / Second Semester
6
SECS-P/12
Learning objectives
The teaching aims aThe course aims to provide students with a historical and theoretical approach to the study of development economics.
The interdisciplinary approach is maintained throughout the course.
The modules address the historical analysis of development and the study of the main development theories that have explained the processes involved in the evolution of the capitalist world economy.
Particular attention will be paid to the dynamics of development and underdevelopment that have accompanied the evolution of global capitalism, influencing the economic and social structures of the countries of the Global South.
The analysis of the relationship between theoretical evolution and historical dynamics related to the problem of economic development will be addressed by referring to concrete case studies from a global perspective.
Learning Outcomes:
- The understanding of the relevance of basic economic concepts in the contemporary age and their historicisation.
- The interpretation of the processes of interdependence and globalisation from the second half of the 18th century to the present day.
- The understanding of the main theories of development
- Providing tools for the interpretation and critique of the main economic dynamics affecting the relationship between the Global North and the Global South.
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