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 on the general principles and policy questions which are inevitably raised by nationality law issues, while also touching on the technical legal rules embodying these principles. 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 form the core 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 contemporary 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 (domestic and international) public and family law (whatever the jurisdiction) is also a requirement.
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, hybrid 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.
Organisational adjustments related to the current health context
Recommended or required readings
The instructor will make available a collection of materials (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 for each theme.
Assessment methods and criteria
Below you will find information on the evaluation methods planned for in-person and remote exams as well as those planned for hybrid sessions. Depending on how the health crisis evolves, the chosen method will be communicated to you no later than one month before the start of the exam session.
The students' knowledge and command of the law of nationality will be evaluated through a written examination. The examination will consist in one or several cases which students will be invited to solve. The exam will be administered in English. Exams of previous years will be made available to students (on eCampus).
Students may use primary materials (statutory material, international treaties/conventions) 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.
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.