Comparative and European Law and Religion
A.Y. 2022/2023
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.
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.
Lesson period: Second 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
Second semester
Course syllabus
I. European Union and Council of Europe: characteristics and convergences
II. The European Court of Human Rights: systematic and institutional profiles
III. The protection of freedom of religion and belief in the European Convention on Human Rights
IV. The jurisprudence of the European Court of Human Rights: selected cases
V. The competences of the European Union in the field of fundamental rights. In particular: the protection of freedom of religion and beliefs in the Charter of Fundamental Rights of the European Union
VI. The incompetence of the Union on the national status of the Churches, other religious communities and philosophical and non-confessional organizations
VII. The "dialogue" between the Union and the Churches, other religious communities and philosophical and non-confessional organizations
VIII. The prohibition of discrimination on the grounds of religion
IX. The jurisprudence of the Court of Justice of the European Union: selected cases
II. The European Court of Human Rights: systematic and institutional profiles
III. The protection of freedom of religion and belief in the European Convention on Human Rights
IV. The jurisprudence of the European Court of Human Rights: selected cases
V. The competences of the European Union in the field of fundamental rights. In particular: the protection of freedom of religion and beliefs in the Charter of Fundamental Rights of the European Union
VI. The incompetence of the Union on the national status of the Churches, other religious communities and philosophical and non-confessional organizations
VII. The "dialogue" between the Union and the Churches, other religious communities and philosophical and non-confessional organizations
VIII. The prohibition of discrimination on the grounds of religion
IX. The jurisprudence of the Court of Justice of the European Union: selected cases
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)" and "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:
- M. Lugli - J. Pasquali Cerioli - I. Pistolesi, Elementi di diritto ecclesiastico europeo. Principi, modelli, giurisprudenza, 2nd edition, Torino, Giappichelli, 2012.
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 second part (pp. 49 - 121);
- A. Licastro, Il diritto statale delle religioni nei paesi dell'Unione europea. Lineamenti di comparazione, 2nd edition, Milano, Giuffrè, 2017.
- M. Lugli - J. Pasquali Cerioli - I. Pistolesi, Elementi di diritto ecclesiastico europeo. Principi, modelli, giurisprudenza, 2nd edition, Torino, Giappichelli, 2012.
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 second part (pp. 49 - 121);
- A. Licastro, Il diritto statale delle religioni nei paesi dell'Unione europea. Lineamenti di comparazione, 2nd edition, Milano, Giuffrè, 2017.
Assessment methods and Criteria
The final profit test takes place in oral form and the evaluation is expressed with a mark out of thirty, with possible honors. Ongoing assessments of the results, articulated in the form of reports on specific jurisprudential cases, will be carried out during the course. The criteria for the evaluation of the oral exam take into account the correctness of the contents, the argumentative clarity and the skills of critical analysis and re-elaboration.
IUS/11 - ECCLESIASTICAL AND CANON LAW - University credits: 6
Lessons: 42 hours
Professors:
Pistolesi Ingrid, Toscano Marcello
Professor(s)
Reception:
wednesday 10:30 - 13:00