Teaching code

4S009838

Teacher

Alessandra Cordiano

Coordinator

Alessandra Cordiano

Credits

6

Language

Italian

Scientific Disciplinary Sector (SSD)

IUS/01 - PRIVATE LAW

Period

1° periodo lezioni - GEM dal Oct 3, 2022 al Dec 23, 2022.

Lessons timetable Moodle Seminars 0

Learning objectives

This course intends to analyse citizenship rights, in civil operations in the constitutional and civil code framework, including special legislation and prospect for forms. Students will have the opportunity to analyze one of the specific non-profit area of intervention, in the field of family protection and childcare. This course generally intends to introduce the students in these juridical problems, which they can address in their professional activity: knowledge of administrative jurisdiction, social services administration and public intervention focused on minors’ protection, immigration and health, education and housing needs. This course, in other words, will give students instruments to see how they could insure family and child protection in emergency operations, caused by immigration uncontrolled because of humanities reasons, wars or climatic events. This way, students will be able to understand the juridical context of non-profit and institutions operations, their guidelines and limits in order to manager of the principal types of risks

Prerequisites and basic notions

No prerequisites required

Program

The course is designed to study the rights of citizenship from a distinctly civil law perspective, looking at the articulated regulatory fabric of immigration law, in its jurisprudence and administrative practices, offering future practitioners (legal and non-legal) possible solutions and critical issues, trying to trace them back to the best doctrine and in the light of the constitutional framework, the codified discipline and the special discipline, with an eye to recent instances of reform.
Students will then be introduced to the study of the fundamental categories of subjectivity (natural persons and legal subjectivity; legal capacity, capacity to act, natural capacity and discernment; existential situations) and, from here, to the discipline of citizenship and statelessness, up to the issues concerning the condition of the foreigner in private law relationships (art. 16 disp. prel. c.c., tort, purchases inter vivos and mortis causa).
Some typical issues in this field will then be proposed: the right to health care and social services for foreigners, registry obligations and residence rights.
Then, the topic of migrant families, the right to family unity and the protection of family members to reunification will be addressed, as well as that of minors in immigration law ("accompanied", unaccompanied and applicants for international protection).
Finally, the skills related to the jurisdiction and administration of social services and to the area of public intervention for the protection of minors will be provided. The training objective of the course is to provide students with specialist skills in one of the crucial areas of Emergencies: that of migration and the movement of families and minors, occasioned by emergency events or humanitarian reasons. At the end of the course, students will be able to understand the organisational and functional context of the bodies and institutions operating in the emergency sectors of family and child law and to manage the main legal issues.
***
Topics
1) Persons, capacities, personal situations, citizenship and statelessness
- Natural persons: evolution of the concept and 'other' subjectivities; legal capacity and capacity to act; natural capacity and capacity for discernment.
- Existential situations and their protection.
2) The foreigner, citizenship and consequent rights
- Citizenship: origin and evolution of the Italian discipline up to the most recent reforms; acquisition, loss and revocation of citizenship; jurisdiction and procedures.
- Statelessness: from international conventions to the domestic framework
- The right to health care.
- Social services for foreigners.
- Registry obligations and residence rights.
3) Family law and foreign and migrant minors
- Migrant families and the right to family unity
- Family reunification.
- Minors in immigration law ("accompanied", unaccompanied and applicants for international protection).
4) Administration of social services and family and children's jurisdiction
- The competent judicial authorities: the ordinary civil and criminal courts; the tutelary judge; the juvenile court; the public prosecutor's offices.
- Civil proceedings in family and children matters. Guardian, curator, technical defence of the child.
- Basic and specialised social services in the judicial context; the role of the private social sector.
- Public intervention for the protection of minors (measures of limitation and forfeiture of parental responsibility, ordinary and emergency judicial protection; enforcement of measures; temporary foster care and adoptions; emergency administrative protection; emergency removals and social service foster care).

Bibliography

Didactic methods

The lectures, necessary for the study of the more complex profiles of the subject of the course, will be accompanied by classroom exercises with self-assessment to verify the application of the regulatory tools studied, with the support of specific readings and jurisprudential rulings, which will be progressively provided to students through the dedicated e-learning platform.
During the academic year, students will be able to take advantage of the weekly reception service, on the day and at the time indicated on the teacher's web page, to clarify any doubts or deepen profiles of particular interest.
***
The lectures, in compliance with the University guidelines, will be delivered in presence. Lecture recordings will be available, upon request, for student workers (panopto for workers) and for situations of fragility, assessed on a case-by-case basis.

Learning assessment procedures

The assessment of the preparation will take place through an oral interview, on the contents of the indicated exam program and on the in-depth analyzes covered by the lessons.

Evaluation criteria

The evaluation will take place through the following criteria:
- the depth and breadth of the knowledge acquired;
- the property of language;
- analytical and argumentative ability;
- the capacity for critical reflection.

Criteria for the composition of the final grade

30/30

Exam language

Italiano