Comparative and european law and religion

A.Y. 2020/2021
6
Max ECTS
42
Overall hours
SSD
IUS/11
Language
Italian
Learning objectives
The links between law and religion are increasingly involving, in the heterogeneous European context, identity issues, representative of the historical and juridical traditions of each national system. At the same time, the attention paid to the religious factor by the European Union law has increased in importance with the entry into force of the Lisbon Treaty, accompanied by the continued development of the ECHR jurisprudence on the protection of religious freedoms and convictions. The course aims to analyze, with a critical approach, tensions and convergences in the juridical discipline of the religious phenomenon posed by some of the most significant member countries of the Council of Europe, both with reference to differences and similarities between individual States and with reference to regulatory choices and jurisprudential outcomes elaborated in the European Union law.
Expected learning outcomes
1) Knowledge and comprehension.
A formation of general culture and general juridical culture is required in order to develop an understanding of the specific legal notions of Comparative and European Ecclesiastical law.
2) Application abilities.
Acquisition of the indispensable tools for the use of the concepts and the legal institutes learned, according to the various cases that may arise, with the ability to face and solve problems also on new or non-customary issues, which arise in the field of Comparative Ecclesiastical Law, in an interdisciplinary perspective.
3) Autonomy of judgment.
Acquisition of conscious autonomy of judgment with regard to the understanding and interpretation of normative sources and jurisprudence, as well as to the identification of the preferable solutions in individual cases, in relation to Comparative Ecclesiastical Law.
4) Communication skills.
Acquisition of the vocabulary and of the general and specific technical-juridical language of Comparative Ecclesiastical Law, of expository, communicative and argumentative capacities typical of the legal professions, such as to be able to easily communicate with both specialists and non-specialist subjects.
5) Ability to learn.
Acquisition of skills for the adaptation of knowledge in relation to the variability of the legal and jurisprudential framework, typical of the legal sector in general and of Comparative Ecclesiastical Law in particular.
Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
Didactic methods
The lessons will take place on Microsoft Teams in synchronous mode, at the established times, and will be recorded and available on the ARIEL website of the course. Information on how to access Microsoft Teams lessons and other teaching instructions will be uploaded to the course's ARIEL website, which is recommended to be consulted regularly.
In any case, the lessons will be recorded and left available to students for the duration of the semester.

Program and reference material
The course syllabus and reference material are unchanged.

Learning assessment procedures and assessment criteria
The procedures for verifying learning and the assessment criteria will not be subject to changes.
The exam will take place orally on the Microsoft Teams platform.

More precise information and updates will be available on the Ariel website of the course, which is therefore good to consult regularly.
Course syllabus
The links between law and religion are increasingly involving, in the heterogeneous European context, identity issues, representative of the historical and juridical traditions of each national system. At the same time, the attention paid to the religious factor by the European Union law has increased in importance with the entry into force of the Lisbon Treaty, accompanied by the continued development of the ECHR jurisprudence on the protection of religious freedoms and convictions. The course aims to analyze, with a critical approach, tensions and convergences in the juridical discipline of the religious phenomenon posed by some of the most significant member countries of the Council of Europe, both with reference to differences and similarities between individual States and with reference to regulatory choices and jurisprudential outcomes elaborated in the European Union law.

The following topics will be dealt with in particular:

I. The reference to Europe's cultural, religious and humanistic heritages in the preamble to the new TEU
II. The relevance of religious pluralism among the founding values of the Union
III. Protection of religious freedoms and convictions in the Charter of Fundamental Rights of the European Union
IV. The Union's incompetence on the national status of churches, other religious communities and philosophical and non-confessional organizations
V. The "dialogue" of the Union with the churches and religious communities and with philosophical and non-confessional organizations
VI. The prohibition of discrimination on grounds of religion
VII. The systems of relationship between state and religious denominations in the countries of Western Europe
VIII. Comparative profiles on the legal treatment of denominations, marriage, religious symbols, religious education, criminal protection of religious feeling
Prerequisites for admission
A formation of general culture and general juridical culture is required in order to develop an understanding of the specific juridical notions of Ecclesiastical Law. As per the Academic Regulations of the degree course, "Private Law (of2)" e "Constitutional Law (of2)" are prerequisites for admission.
Teaching methods
After some introductory general lessons, the course will be articulated in seminars. The students will be called to the direct use of the sources and to the casistic analysis of the jurisprudence.
Teaching Resources
For attending students texts will be agreed with the professor.
For non-attending students:
- M. Lugli - J. Pasquali Cerioli - I. Pistolesi, Elementi di diritto ecclesiastico europeo. Principi, modelli, giurisprudenza, 2nd edition, Torino, Giappichelli, 2012, limited to the first part (pp. 3 - 41);
- A. Licastro, Il diritto statale delle religioni nei paesi dell'Unione europea. Lineamenti di comparazione, 2nd edition, Milano, Giuffrè, 2017

Erasmus Students
Specific programs are dedicated to Erasmus students, to be agreed with the reference professor.
Assessment methods and Criteria
The final exam is held in oral form and the evaluation is expressed with a mark out of thirty, with possible honors. Profitability checks are carried out during the course and in writing (only for attending students). They are related to the topics covered in class and are organized in the form of questionnaires characterized by open questions and/or multiple answers, exercises. The criteria for the evaluation of the oral test take into account the correctness of the contents, the clarity of argument and the ability of critical analysis and re-elaboration.
IUS/11 - ECCLESIASTICAL AND CANON LAW - University credits: 6
Lessons: 42 hours