Law of religious entities and non-profit organisations

A.Y. 2019/2020
Overall hours
Learning objectives
- Knowledge and comprehension. The student has to demonstrate that he has acquired a basic knowledge of the fundamental features of the religious entities with civil-law status and of the discipline applicable to them in the Italian legal system after the reform of the Third sector. A sufficient level of general culture and legal culture is required to understand the notions of Constitutional, Civil and Canon law and to grasp the specificities of the regime applied to religious entities with civil-law status.
- Application abilities. The student has to demonstrate the ability to use the principles and the notions learned during the course to the different legal and managerial issues posed by the activity of religious entities with civil-law status in the Italian legal system.
- Autonomy of judgment. The student has to acquire a conscious autonomy of judgment in the analysis of the concepts dealt with and in the identification of the solutions preferably applicable to individual cases.
- Communication skills. The student has to demonstrate that he is able to express the concepts acquired with argumentative coherence, systematic rigor and language properties.
- Ability to learn. The student has to demonstrate that he has acquired the ability to adapt his knowledge in relation to the contexts studied, the legal institutions dealt with and the way in which they face the evolution of Italian legal system.
Expected learning outcomes
At the end of the course the student will have an in-depth knowledge of the course topics and will acquire a reasoning method suitable for dealing with the practical-juridical issues connected to the non-profit world, as well as to the peculiar legal condition and activities carried out by civilly recognized religious bodies.
Course syllabus and organization

Single session

Lesson period
First semester
Course syllabus
Catholic Church entities, but also of other religious denominations have always been engaged in activities of social utility. This topic has been the subject of a decisive reform in 2017. The course aims to illustrate the peculiar juridical condition of religious entities with civil-law status and the regulation of the activities carried out by them in the Third Sector, highlighting, if necessary, similarities and differences with the common regime provided for non-profit organizations.
Particular attention will also be paid to the Canon law of Catholic Church entities, as to the effects that it produces in the Italian legal system.

- Constitutional principles regarding religious entities: autonomy, independence, distinction of orders, principle of non-discrimination
- The legal status of religious entities with civil-law status in the Italian legal system
- The legal status of religious bodies in Canon law
- Religious bodies and reform of the Third sector: the establishment of the branch, activities, the assets, the regulation
Prerequisites for admission
According to didactic regulation of the Course of Law; in particular, Private law and Constitutional law.
Teaching methods
The lessons, mainly frontal, will also include in-depth seminar
Teaching Resources
Choice of the following texts for non attending students:
G. Casuscelli (a cura di), Nozioni di Diritto Ecclesiastico, Giappichelli, Torino, 2015, pp. 1-131 e pp. 283-311;
G. Casuscelli, Enti ecclesiastici, in Commentario del Codice civile diretto da E. Gabrielli, Delle persone, a cura di A. Barba, S. Pagliantini, vol. III, Leggi collegate, pp. 291-439
the contributions of Antonino Mantineo, Mario Ferrante, Anna Gianfreda, Daniela Milani and Lorenzo Simonelli published in A. Gianfreda, M. Abu Salem (edts.), Enti religiosi e riforma del Terzo settore, Libellula Edizioni, Tricase, 2018.

For attending students the material will be indicated in class.
Assessment methods and Criteria
Final exam takes place in oral form, only for attending students with specific methods of examination.
For the latter there will also be an intermediate written exam.
IUS/11 - ECCLESIASTICAL AND CANON LAW - University credits: 6
Lessons: 42 hours
Professor: Milani Daniela