030555 KU International and European Refugee Law (2024W)

Content:

The course will cover both the internal and the external dimensions of international and European law governing the right to asylum in the EU.
This includes rules on the harmonised refugee definition and subsidiary protection status as well as the rights conferred by such status (Directive 2011/95), standards for asylum procedures (Directive 2013/32) and reception conditions (Directive 2013/33) and for temporary protection (Directive 2001/55) as well as legal issues pertaining to border checks and extraterritorial migration control.

Thus, the main topics of the course will be the European protection regime based on the Common European Asylum System. In addition to the Directives mentioned above and the relevant Treaty provisions as well as selected case law, the course will include elements of constitutional law and international refugee and human rights law pertaining to the subject matters covered by EU law.

Learning goals:

By the end of the course, students are expected to be able to:
• Describe the regulatory structure of EU asylum law.
• Identify and describe the main sources and principles of international and European refugee law.
• Explain and illustrate by reference to case law the principles of interpretation applied by the CJEU in this area.
• Give an account of and analyse the principles and main rules governing entry and residence in EU member states for protection seekers and refugees.
• Apply the rules to concrete cases, and assess the possible effects of these rules in the domestic law of member states.
• Communicate the acquired knowledge and skills in a structured manner in reasonably formulated English language.

Method:
Partly interactive, combing lectures and students' participation in discussions and brief oral presentations prepared in groups. Due to the particular method and sources of EU law, students’ active work with CJEU case law will be of particular importance.