Law of Religious Entities and Non-Profit Organisations
A.Y. 2020/2021
Learning objectives
The course aims to provide students with an in-depth knowledge of the course topics and to make them 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.
Expected learning outcomes
- 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.
- 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.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
The lessons will be held on the Microsoft Teams platform synchronously in accordance with the calendar. Any other materials will be published on the Ariel website of the course, where all the other necessary information will be provided.
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
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
Moreover:
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.
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
Moreover:
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.
Assessment methods and Criteria
Final exam takes place in oral form via Microsoft Teams. If the rules due to the pandemic crisis will change, the exam could take place in presence.
The final examination aim is to verify the degree of knowledge of the subject matter and the use of appropriate legal language; at the same, is it worth the students would show a critical approach to the subject matter itself.
The final examination aim is to verify the degree of knowledge of the subject matter and the use of appropriate legal language; at the same, is it worth the students would show a critical approach to the subject matter itself.
IUS/11 - ECCLESIASTICAL AND CANON LAW - University credits: 6
Lessons: 42 hours
Professors:
Fiorentino Sonia Emanuela, Milani Daniela
Professor(s)