Comparative and european law and religion

A.Y. 2020/2021
Overall hours
Learning objectives
1) Knowledge and comprehension. 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; among these, in particular, those of secularism, religious denomination, freedom of conscience, religious pluralism.
2) Application abilities. Acquisition of the indispensable tools for the use of the concepts and juridical 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 Ecclesiastical Law, in an interdisciplinary perspective.
3) Autonomy of judgment. Acquisition of conscious autonomy of judgment with regard to the understanding and interpretation of the normative sources and the jurisprudence, as well as the identification of the preferable solutions in individual cases, in relation to Ecclesiastical Law.
4) Communication skills. Acquisition of the vocabulary and of the general and specific technical-juridical language of Ecclesiastical Law, of expository, communicative and argumentative capacities proper to 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 to adapt their knowledge in relation to the variability of the legal and jurisprudential framework, typical of the legal sector in general and of Ecclesiastical Law in particular.
Expected learning outcomes
Al termine del corso lo studente che abbia proficuamente frequentato le lezioni e appreso la materia sarà in grado di ragionare in modo critico e autonomo, in prospettiva comparatistica e con l'utilizzo specifico del diritto europeo e internazionale, a partire da fattispecie concrete nelle quali rilevino la libertà religiosa, la libertà di coscienza e il principio di non discriminazione in materia religiosa.
Course syllabus and organization

Single session

Lesson period
Second semester
Classes will be held on the Microsoft Teams platform based on the first quarter timetable. Any further information will be provided on Ariel
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