Duration
15h Th
Number of credits
Lecturer
Language(s) of instruction
English language
Organisation and examination
Teaching in the second semester
Schedule
Units courses prerequisite and corequisite
Prerequisite or corequisite units are presented within each program
Learning unit contents
This course is meant as an introduction to the law of nationality. It draws from the law of different European states, among which Belgium.
The first part of the course is meant as an introduction to the law of nationality. It covers the main concepts and principles underlying the law of nationality and draws attention to the links between the law of nationality and various branches of law (public law, international law, private international law, family law). It also includes a review of the various sources of nationality law.
In a second part, various themes will be studied : we will discuss two main issues in relation to the acquisition of the nationality : first, the influence of changes in family patterns on the law of nationality and second the influence of demographic changes, and mainly the increased migration to continental European countries. Another theme which will be studied relates to the loss of nationality. If time allows, we will also discuss 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 issues, 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
The students' knowledge and command of the law of nationality will be evaluated through a written examination. 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. Exams of previous years will be made available to students.
Work placement(s)
Organizational remarks
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.
Adaptation of teaching commitments following the COVID-19 pandemic for the May-June 2020 session
Teaching methods implemented : distance-learning
Distance teaching is now the rule. There will be no physical class meeting. All interactions will take place through eCampus.
Assessment subjects
As indicated per email, the scope of the exam will be limited to the following four themes we have explored during the course:
1. What is nationality (introduction)
2. Acquisition of nationality and family relationships
3. Acquisition of nationality and migration
4. Loss of nationality.
Other topics (dual nationalities; nationality and EU integration) are not part of the scope.
Assessment methods
The exam will consist in a written evaluation.
A test will be posted on eCampus. You will have two hours to answer the test. You may use all documents in your possession (outline of the course, power point presentations etc.)
It is crucial that you have a copy of the cases and materials : without access to this document, you will not be able to answer the test.
The date for the exam has been provisionnally set at June 12th. It may be subject to change.
I strongly encourage you to have a look at last year's exam which is available on eCampus. It will give you a better idea of the type of question you will be asked.
Contacts
In case you need to reach me, please send me an email (patrick.wautelet@uliege.be). You may also reach me on my cell phone (0485 49 69 30). Before calling me, please send me a short message (sms) to identify yourself and explain your query.
Adaptation of teaching commitments following the COVID-19 pandemic for the Aug-Sept 2020 session
Assessment subjects
No change, same scope as for the June exam.
The scope of the exam will be limited to the following four themes we have explored during the course:
1. What is nationality (introduction)
2. Acquisition of nationality and family relationships
3. Acquisition of nationality and migration
4. Loss of nationality.
Other topics (dual nationalities; nationality and EU integration) are not part of the scope.
Assessment methods
Same assessment method as for the June exam.
The exam will consist in a written evaluation.
A test will be posted on eCampus. You will have two hours to answer the test. You may use all documents in your possession (outline of the course, power point presentations etc.)
It is crucial that you have a copy of the cases and materials : without access to this document, you will not be able to answer the test.
The date for the exam has been provisionnally set at June 12th. It may be subject to change.
I strongly encourage you to have a look at last year's exam which is available on eCampus. It will give you a better idea of the type of question you will be asked.
Contacts
You may reach the course instructor preferrably by email (patrick.wautelet@uliege.be). Please bear in mind that I may be away from my desk during some time during the holiday season.