Nicolas Klausser Law and Migration
Migration has, since a long time, been seased by law for two main reasons: on the one hand, because of the sovereignty of states to decide who can enter and stay on their territory; and on the other hand, because of fundamental rights development, who have recognized guarantees for foreign nationals and, therefore, imposed obligations on these same States. From then on, migrants law was built in order to combine two paradoxical objectives: the control of migratory flows, and the respect of migrants’ rights. However, French legal framework example tends to illustrate that the first predominates over the second.
Thus, this course proposes to study law as a mechanism of migratory flows control and, even more, to control them restrictively. Through the study of the legal framework of certain measures, such as administrative detention, the right to stay for medical reasons or the dematerialization of procedures, as well as with the help of concrete cases of people confronted with these proceedings, the objective of this course is to allow an understanding of the construction of the law of foreigners, and the purposes of its application for State.
Students will have to write a summary on the basis of observations of a procedure with which foreigners are confronted, such as getting an appointment in order to obtain a residence permit or to seek asylum, or by attending a deportation hearing before a court.
