Ecclesiastical law

A.Y. 2020/2021
9
Max ECTS
63
Overall hours
SSD
IUS/11
Language
Italian
Learning objectives
This Course aims to provide students with the basic notions of Ecclesiastical Law, namely, the branch of law which concerns, among other things, the religious factor and the relationships between State and religious denominations.
The purpose of the Course is to refine participants' mastery of general and specific technical-juridical language of Ecclesiastical Law and to improve their ability to interpret legal sources and jurisprudence, also by applying knowledge and methods already acquired during the degree course to the specific and peculiar problems of the Ecclesiastical Law.
Lastly, it should be noted that Ecclesiastical Law is a matter of examination for the qualification to practice as a lawyer.
Expected learning outcomes
1) Knowledge and comprehension.
Comprehension 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.
Course syllabus and organization

Surname A-L

Responsible
Lesson period
First 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 secular nature of the State and the protection of religious freedom, in an individual and associated form, constitute the inspiring principle and primary objective of ecclesiastical law. The course composes in a systematic way and with specific interpretative criteria the articulated sector of the legal system that in our democratic and pluralistic system protects in many fields of the juridical experience the interests of individuals and of social organizations that pertain to beliefs and religious convictions.
First, will be examined both the unilateral legislation of the State and the Regions and the specific discipline agreed upon with religious denominations; special attention will then be devoted to the sources of international law and to European Union law, increasingly relevant in the rapid transformation of society.
In the concrete application of the law the judges - at the internal, international and the European Union level - are more and more often called to resolve conflicts with the autonomous religious laws, to settle the conflicts of loyalty of the faithful-citizens, to guarantee the equal dignity and equality of those belonging to minority denominations, especially if they are foreign to national cultures and traditions, and of non-believers. In this context, the Constitutional Court has contributed to the adaptation of the sources and to the theoretical-systematic reconstruction of the principles of the discipline.
In general, the themes of conscientious objections, religious symbols, bioethics, family, euthanasia, immigration and freedoms acquire ever-increasing importance and bring to the attention the problematic of the relationship between religion and law.

The following topics will be dealt with in particular:

1. The system of sources of Italian Ecclesiastical Law.
2. The principles of equality in freedom and bilateralism in the constitutional system of relations between the State and religious denominations (agreements and understandings: articles 7 and 8 of the Constitution).
3. Equality, non-discrimination and religious freedom in the Constitution (articles 3, 19 and 20) and in the European Union.
4. Ecclesiastical bodies and the principle of non-discrimination.
5. The supreme principle of secularism of the State.
6. The system of public funding, direct and indirect, to confessions.
7. Religious marriage with civil effects.
8. Education.
9. Conscientious objections.
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
Lectures. Students will be called to the direct use of the sources and to the casistic analysis of the jurisprudence.
Teaching Resources
G. Casuscelli (eds.), Nozioni di diritto ecclesiastico, 5th edition, Torino, Giappichelli, 2015.

For attending students the exam preparation material will be indicated in class.

Links with Canon Law
In consideration of the cultural and technical-juridical connections between Ecclesiastical Law and Canon Law (belonging to the same scientific-disciplinary sector: IUS/11), students who took the examination of Canon Law and wish to choose Ecclesiastical Law as a related subject or supplementary to 9 ECTS (4th year), or as a related or integrative subject or free from 6 ECTS (5th year) will agree the exam program with the reference professor.

Erasmus Students
Specific programs are dedicated to Erasmus students, to be agreed with the reference professor.

Integration program

G. Casuscelli (eds.), Nozioni di diritto ecclesiastico, 5th edizione, Torino, Giappichelli, 2015, chapters 21 and followings (pp. 349-480).
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: 9
Lessons: 63 hours

Surname M-Z

Responsible
Lesson period
First 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 secular nature of the State and the protection of religious freedom, in an individual and associated form, constitute the inspiring principle and primary objective of ecclesiastical law. The course composes in a systematic way and with specific interpretative criteria the articulated sector of the legal system that in our democratic and pluralistic system protects in many fields of the juridical experience the interests of individuals and of social organizations that pertain to beliefs and religious convictions.
First, will be examined both the unilateral legislation of the State and the Regions and the specific discipline agreed upon with religious denominations; special attention will then be devoted to the sources of international law and to European Union law, increasingly relevant in the rapid transformation of society.
In the concrete application of the law the judges - at the internal, international and the European Union level - are more and more often called to resolve conflicts with the autonomous religious laws, to settle the conflicts of loyalty of the faithful-citizens, to guarantee the equal dignity and equality of those belonging to minority denominations, especially if they are foreign to national cultures and traditions, and of non-believers. In this context, the Constitutional Court has contributed to the adaptation of the sources and to the theoretical-systematic reconstruction of the principles of the discipline.
In general, the themes of conscientious objections, religious symbols, bioethics, family, euthanasia, immigration and freedoms acquire ever-increasing importance and bring to the attention the problematic of the relationship between religion and law.

The following topics will be dealt with in particular:

1. The system of sources of Italian Ecclesiastical Law.
2. The principles of equality in freedom and bilateralism in the constitutional system of relations between the State and religious denominations (agreements and understandings: articles 7 and 8 of the Constitution).
3. Equality, non-discrimination and religious freedom in the Constitution (articles 3, 19 and 20) and in the European Union.
4. Ecclesiastical bodies and the principle of non-discrimination.
5. The supreme principle of secularism of the State.
6. The system of public funding, direct and indirect, to confessions.
7. Religious marriage with civil effects.
8. Education.
9. Conscientious objections.
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
Lectures. Students will be called to the direct use of the sources and to the casistic analysis of the jurisprudence.
Teaching Resources
G. Casuscelli (eds.), Nozioni di diritto ecclesiastico, 5th edition, Torino, Giappichelli, 2015.

For attending students the exam preparation material will be indicated in class.

Links with Canon Law
In consideration of the cultural and technical-juridical connections between Ecclesiastical Law and Canon Law (belonging to the same scientific-disciplinary sector: IUS/11), students who took the examination of Canon Law and wish to choose Ecclesiastical Law as a related subject or supplementary to 9 ECTS (4th year), or as a related or integrative subject or free from 6 ECTS (5th year) will agree the exam program with the reference professor.

Erasmus Students
Specific programs are dedicated to Erasmus students, to be agreed with the reference professor.

Integration program

G. Casuscelli (eds.), Nozioni di diritto ecclesiastico, 5th edizione, Torino, Giappichelli, 2015, chapters 21 and followings (pp. 349-480).
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: 9
Lessons: 63 hours
Professor: Toscano Marcello