Migration Crisis and the European Law 1300-OG-MC-EL-KPP

Current immigration crisis has put the respect for human rights in many European countries at stake. The ever growing social problems contribute, among others, to the rise of xenophobia. State security, public policy and public morality are used by some of the European states to impose new immigration restrictions and to justify introduction of new anti-terrorism legislation.
Therefore, within the framework of this course, a reference to global human rights challenges will be presented to outline differences between forced (e.g. asylum) and economic migration. On that basis, a discussion will be held on possible steps which could be taken to manage migration in a safe environment while respecting the opinion of the European societies.
It is expected that during the workshops students will discuss current political and social challenges in order to outline limits to a state sovereignty (and jurisdiction) regarding ad-mission of immigrants and refugees. Main immigration routes will also be highlighted to show a global phenomenon of migration, including its scale and motives behind it.
The workshops will focus on the European approaches (of the EU’s and the EU neighboring countries’) to subsequent migration crisis. Therefore, adequate universal as well as regional (the Council of Europe and the EU) legal regimes will be used to present legal and policy approaches to:
• the Calais-Dover crisis;
• a notion of safe countries;
• the rules regarding detention of asylum-seekers and irregular immigrants,
• the mechanisms of relocation and resettlement,
• the detriments to immigration (including visa requirements, non-arrival policy and carriers’ liability).
• hybridization of threats to state and public security.
Finally, an interlink between limitations imposed on human rights of migrants and those of a citizen of a country. Therefore, a reference to administrative procedures and the rule of law will form an important part of the course.
Literature and legal regulations: recommended by the lecturer during the beginning of the course.
Assessment: based upon the presence and active participation; marks are given on additional workload agreed with the lecturer.

Total student workload

Contact hours with teacher: - participation in a discussion seminar - 15 hrs - consultations - 5 hrs Self-study hours: - preparation for a discussion seminar - 20 hrs - writing 2 essays - 30 hrs - reading literature - 30 hrs Altogether: 100 hrs (4 ECTS)

Learning outcomes - knowledge

Student W1: understands the significance of the need to protect right to life and ensure freedom from torture of all persons in a territory of a state and/or under a state jurisdiction; W2: understands and accepts a need for providing a non-discriminatory rules focusing on the process of hiring the personnel, as well as on the employment as such; W3: understands the need for providing additional legal guarantees to vulnerable immigrants; W4: is sensitive to a problem of differentiation of legal situation of immigrants and refugees, as well as persons seeking international/national protection; W5: is aware of Polish and international (the UN, the EU, the CoE) law focusing on refugee and immigration issues; W6: is aware of the monitoring mechanisms and complaint procedures – both national and international ones – which can be applied in immigration and refugee cases.

Learning outcomes - skills

Student U1: can clearly explain the importance of the need to protect right to life and ensure freedom from torture of all persons in a territory of a state and/or under a state jurisdiction; U2: understands and is able to identify cases of overusing the sovereignty of a state during actions aiming at fighting with illegal immigration; U3: is sensitive to a problem of general discrimination of foreigners; U4: is aware of the immigrants’ and refugees rights and obligations stemming from national and international law.

Learning outcomes - social competencies

Student K1: understands an impact of human rights movement on the development of national and international forms of protection of persons seeking asylum; K2: is sensitive to a problem of general discrimination; K3: is aware of Polish and international (the UN, the EU, the CoE) law focusing on illegal immigration and is aware of the impact of international standards on domestic regulations;

Teaching methods

Expository teaching methods: - an informative (conventional) discussion seminar - a discussion

Prerequisites

- knowledge about fundamental aspects of human rights; - knowledge about rules of interpretation of international law, including the Council of Europe and EU law; - basic knowledge about a history of Europe after World War II.

Course coordinators

Piotr Sadowski

Assessment criteria

Assessment: W1 W2, W3, W4, W5, W6, U1, U2, U3, U4, K1, K2, K3
Based upon the presence and active participation; marks are given on additional workload agreed with the lecturer.

Assessment methods:
The final grade will be calculated as a sum of an active participation during the discussion seminar and presence during the discussion seminar. Each of these components is worth 50% of the final grade. The components are calculated as follows:
- written activity (a student has to write two essays – each of them is assessed individually and average mark is given in the end - or 1 commentary to the judgment) and final mark will depend on the quality of the paper/comment;
- alternatively to writing two essays or a comment to a judgment a student can actively participate in a discussion seminar (1 active participation – satisfactory, 2 – good, 3 – very good) – if a participation is incidental a student can be given 0,5 of active participation;
- presence in lectures (grades depend on the number of times when a student is present during discussion seminar – 0-3 fail, 4 – satisfactory, 5 – satisfactory plus, 6 – good, 7 – very good).

Assessment criteria - (a grade for a written activity and/or active participation + a grade for presence during discussion seminar) / 2.
Based on this calculation a final grade will be assesed:
fail - <3,0 (<50 %)
satisfactory – 3,00-3,49 (50 %)
satisfactory plus – 3,50-3,83 (70%)
good – 3,84-4,16 (75 %)
good plus – 4,17-4,50 (83%)
very good - >4,50 (90 %)

Practical placement

not applicable

Bibliography

B. Gronowska, P. Sadowski, Immigrants in Detention – International and Polish Perspective, Toruń 2024.
S. Phillips, M. Kmak, Deterrence as Legal Innovation: Management of Unwanted Mobilities and the Future of Refugee Protection, Baden-Baden 2024.
M. Cilak, P. Sadowski, Polish national financing of support to mass arrivals of persons fleeing Ukraine after 24 February 2022, „Krytyka Prawa” 2023, vol. 15, no. 3.
E. Karska et al., Human Rights in the European Paradigm of the Protection of Aliens, Warsaw 2023, vol. 15.
E. Kużelewska, A. Piekutowska, Belarus’ Violation of International Obligations in Connection with Artificial Migration Pressure on the Belarus–European Union Border, „Białostockie Studia Prawnicze” 2023, vol. 281.
M. Reviglio, Assembling Containment at European Union Borders, „The Age of Human Rights Journal”, 2023, vol. 22.
A. Szachoń-Pszenny, Szczyt kryzysu migracyjnego w 2015 r. a szczyt kryzysu uchodźczego w 2022 r. – próba analizy porównawczej wpływu na ‘obszar bez granic’ UE, „Studia Politologiczne” 2023, vol. 68.
M. Reviglio, Assembling Borders, Territory and Human Rights in Migration Management Policies Martino Reviglio, „Universitat Pompeu Fabra Working Paper Series”, vol. 41.
P. Sadowski, A Safe Harbour or a Sinking Ship? On the Protection of Fundamental Rights of Asylum Seekers in Recent CJEU Judgments, „European Journal of Legal Studies” 2019, Vol. 11, No. 2.
P. Sadowski, Wspólny Europejski System Azylowy – historia, stan obecny i perspektywy rozwoju, Toruń 2019.
D. Thym, A Bird’s Eye View on ECJ Judgments on Immigration, Asylum and Border Control Cases, „European Journal of Migration and Law” 2019, vol. 212.
A. Gliszczyńska-Grabias, W. Klaus, ‘Governmental Xenophobia’ and Crimmigration: European States’ Policy and Practices towards ‘the Other’, „No-Foundations: An Interdisciplinary Journal of Law and Justice” 2018, vol. 15.
E.H. Morawska, Protection against Expulsion in the Law of European Convention on Human Rights, „Polish Review of International and European Law” 2018, vol. 62.
R. Mungianu, Frontex and Non-Refoulement. The International Responsibility of the EU, 2018.
A. G. Valdivia, The Externalization of European Borders: Morocco Becomes a Key EU Partner in Migration Control, 26.12.2018.
A. Dandashly, The EU Response to Regime Change in the Wake of the Arab Revolt: Differential Implementation, w: T. Börzel, A. Dandashly, T. Risse (eds.), Responses to the “Arabellions”: The EU in Comparative Perspective, Oxon 2017.
E. Hamdan, The Principle of Non-Refoulement under the ECHR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 2016.
S. Peers, E. Roman, The EU, Turkey and the Refugee Crisis: What Could Possibly go Wrong?, „EU Law Analysis”, 5.02.2016.
S. Peers, The Final EU/Turkey Refugee Deal: A Legal Assessment, „EU Law Analysis”, 18.03.2016.
S. Carrera, K. Lannoo, We’re in This Boat Together. Time for a Migration Union, „CEPS Policy Insights” 2018, No. 9.
S. Carrera et al., Report. Offshoring Asylum and Migration in Australia, Spain, Tunisia and the US. Lessons Learned and Feasibility for the EU.
F. Düvell, Paths into Irreguralarity: The Legal and Potical Construction of Irregular Migration, „European Journal of Migration and Law” 2011, Vol. 13, Issue 3.
F. Düvell, The Pathways in and out of Irregular Migration in the EU: A Comparative Analysis, „European Journal of Migration and Law” 2011, Vol. 13, Issue 3.
A. Hurwitz, The Collective Responsibility of States to Protect Refugges, 2011.
B. A. Vollmer. Policy Discourses on Irregular Migration in the EU – “Number Games” and “Political Games”, „European Journal of Migration and Law” 2011, Vol. 13, Issue 3.
A. Baldaccinni, Exterritorial Border Controls in the EU: The Role of Frontex in Operations at Sea, w: B. Ryan, V. Mitsilegas (eds.), Extraterritorial Immigration Control: Legal Challenges, Leiden 2010.
E. Brouver, Exterritorial Migration Control and Human Rights: Preserving the Responsibility of the EU and Its Member States, w: B. Ryan, V. Mitsilegas (eds.), Extraterritorial Immigration Control: Legal Challenges, Leiden 2010.
K. Przybysławska, Niepożądani uchodźcy: granice ochrony i zasady wykluczenia w świetle prawa międzynarodowego, Warszawa 2009.
S. Lavenex, Safe Third Countries: Extending the EU Asylum and Immigration Policies to Central and Eastern Europe, Budapest 1999.

Additional information

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Description of 1300-OG-MC-EL-KPP in USOSweb