Background and overall aim
The course is designed for non-lawyers. It deals with policy and law to an equal measure. A critical approach both to the 1951 Geneva Convention-based universal asylum system (law and practice) and to the European Union's rules as they have been adopted in May 2024, within the New Pact on Migration and Asylum and the member States' practice is offered. The legal issues (who is a refugee, what are their rights, can they be excluded in case they posit a danger to the security or the public order?) are intertwined with the practical ones: (why are they preferred over other migrants, what does it really mean to be a refugee, why are states, especially in the EU, hypocritical: claiming to be humanitarian but in fact exposing arriving persons to cruel treatment?)
The overall aim is to offer students a solid legal and empirical foundation for any public debate or professional activity in the field. The mentality of the course leans towards the asylum seekers and the refugees, but avoids bias and glossing over of problems.
Course prerequisites
There is no formal prerequisite. Political science, philosophy, IR knowledge is welcome as is a legal background. The necessary legal concepts will be explained enabling the students to understand the texts and the explanations without difficulty.
Learning outcomes
Students - including those without a legal background - will be able to understand every line of a competent court's judgement in a refugee case, will understand how hard and soft law interact in creating the normative space within which regular and irregular migrants move, will have a deep understanding of the contradictions in the behaviour of the EU Member States (and others, like the US). The course will also introduce the "neighbouring" concepts of environment- (and climate-) induced migration and internal displacement. Temporary protection (the case of Ukrainians) will also be covered. Students will be able to argue - whether in the public debate or in a legal setting - the case of an asylum seeker or a refugee. Due to the extensive statistical part of the course, they will also be capable to check facts and remember historical developments - e.g. as journalists.
Learning activities and teaching methods
Classes are interactive, with the continuous participation of the students (More that 40 years of teaching practice guarantees this). We discuss the issues not the readings, but readings give ammunition to the discussion. Students will have one individual presentation (one real case decided by a court or tribunal) and team work projects (to be agreed in the actual student group).
Assessment
Presence and overall participation in the class - 25% . Presentation and other individual performance - even if within a smaller group - 25%. Final exam or other performance (the form of which is to be agreed within the group) 50%
- Instructor: Boldizsar Nagy