2018-2019 / DROI8003-3

The Law of Nationality, European and International Perspectives

Duration

15h Th

Number of credits

 Extra courses intended for exchange students (Erasmus, ...)3 crédits 
 Master in sociology, professional focus in Immigration Studies (Double diplomation IN)3 crédits 
 Master in anthropology (120 ECTS)3 crédits 

Lecturer

Patrick Wautelet

Language(s) of instruction

English language

Organisation and examination

Teaching in the second semester

Schedule

Schedule online

Units courses prerequisite and corequisite

Prerequisite or corequisite units are presented within each program

Learning unit contents

The course is taught in English and is organized in two parts : - in the first part, the course will focus on the legal discipline; it will be taught by a law professor, in English; - in the second part, language support is offered by a linguist (operating with the islv), in close contact with the revelant professor.
The first part of the course is meant as an introduction to the law of nationality. It aims to make it possible for students to understand the main principles underlying the law of nationality and draw their attention to the fact that nationality issues can only be solved by looking at various branches of law (public law, international law, private international law, family law). The course will draw from the law of different European states, among which Belgium. Among the themes which will be studied, we will discuss the evolution of the main rules relating to acquisition of the nationality under the influence of demographic changes, such as the increased migration to continental European countries and also the influence of changes in family patterns on the law of nationality. The influence of general principles such as the non-discrimination will also be studied. Likewise, we will look other broader themes, such as the influence of the European unification on the nationality of Member States, the evolving attitude of States towards dual nationalities or the issue of fraud in nationality matters. When reviewing these general themes, the law of various countries will be used to point out to general trends. Some of the examples will derive from the law of Belgian nationality. This course does not, however, focus solely on Belgian law. During the course the focus will be not so much on the technical legal rules but rather on the general principles and policy questions which are inevitably raised by nationality law issues. Likewise, the course will also focus on the numerous links existing between the law of nationality and other legal disciplines.

Learning outcomes of the learning unit

By the end of this course, students will be able to
- identify the main principles which lie at the basis of the law of nationality;
- read and interpret a basic provision of nationality law and apply it to simple facts;
- point to main trends in the current law of nationality;
- identify the impact of European and international law on the law of nationality of States
- navigate within the law of nationality to identify the relevant rules to solve a basic problem.

Prerequisite knowledge and skills

Students should at least have a good command of the English language, preferably in a legal context. No prior knowledge of Belgian law is required. A basic knowledge of elementary public (and family) law will provide an advantage.

Planned learning activities and teaching methods

Regular attendance as well as active participation during class meetings are strongly encouraged.

Mode of delivery (face-to-face ; distance-learning)

The course will be taught in lecture style, in English. Students will, however, be invited to prepare the lectures and read the cases assigned for the next lecture, especially rulings of the ECJ and of the ECHR. Students may be required to participate actively in the discussion of these rulings during class meetings. Preparation is strongly recommended, especially if the student's command of the English language is limited.

Recommended or required readings

The instructor will make available a collection of materials (texts of international conventions and statutory materials from various countries, but also a collection of cases, mainly from international courts). The instructor will make available (ppt) slides summarizing the main points outlined for each theme addressed during the class, as well as a detailed outline.

Assessment methods and criteria

Each student will obtain a global mark for the course, which consists of two separate grades, one for each section of the cours, as follows: - 3/4 of the global mark for the legal part - 1/4 of the global mark for the language support part.
A student who obtains a grade equal or lower than 8/20 for one of the two components is not entitled to obtain more than 9/20 for the global mark.
An exemption for a part can be obtained for the second examination session.
But no partial exemptions can be obtained for one or the other section of the course, from one year to the next.
For the part devoted to the law of nationality, students will be required to write an exam. They will be asked to solve one or several cases. Students can use primary materials (statutory material, international treaties) to prepare and solve the exam. Those materials may be highlighted, or marked, either with normal or fluo pens. Students may also include cross-references from one provision to another. Other comments may not be included in the materials, save for translations of certain words.Post-its are only allowed in order to mark a separation between different parts of the materials. The exam will be conducted in English.

Work placement(s)

Organizational remarks

Students registered for the bachelor in laws at the University of Liège and taking up this course, are required to sign up as well for an additional training in English. This additional training is not compulsory for Erasmus students and other students signing up for the course.

Contacts

Questions and observations may be sent to patrick.wautelet@uliege.be during the term. Students may always get in touch with the instructor before and after each session.
Frédéric Depas Pierre Geron Caroline Hougardy (coordinator) Victoria Lemaire