Comparative and European Law and Religion

A.Y. 2023/2024
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.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Responsible
Lesson period
Second semester
Course syllabus
PART ONE
I. European Union and the 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 in the field of relations between states and religious organizations, religious symbols and the prohibition of discrimination on religious grounds
SECOND PART
V. The matrimonial system in Italy with particular regard to religious marriages recognized for civil purposes
VI. The matrimonial system in Spain with particular regard to religious marriages recognized for civil purposes
VII. The comparison in the light of European jurisprudence
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
In addition to the general theoretical lessons, the course is characterized by the examination of significant jurisprudential cases. Students will be asked to use the sources directly and analyze the aforementioned cases.
Teaching Resources
- M. Lugli - J. Pasquali Cerioli - I. Pistolesi, Elementi di diritto ecclesiastico europeo. Principi, modelli, giurisprudenza, II ed., Torino, Giappichelli, 2012, limitatamente alla seconda parte (pp. 49 - 121);
- Nozioni di Diritto Ecclesiastico (a cura di G. Casuscelli), Torino, Giappichelli, 2015 (limitatamente ai capitoli 15, 16,17 pp. 231-281);
- A. Madera, La rilevanza civile dei matrimoni religiosi in Italia in una prospettiva comparatistica, in rivista telematica Stato, Chiese e pluralismo confessionale, 2007, (pp. 1-31).


As an alternative to the last two books it is recommended:
- A. Licastro, Il diritto statale delle religioni nei paesi dell'Unione europea. Lineamenti di comparazione, 2a ed., Milano, Giuffrè, 2017.
Assessment methods and Criteria
The final exam relating to the teaching takes place in oral form and the evaluation is expressed with a mark out of thirty, with possible honours; checks in progress, in the form of reports on jurisprudential cases, can be carried out during the course. The criteria for evaluating the final test take into account the completeness and correctness of the contents, the clarity of the argument and the ability to critically analyze and re-elaborate.
IUS/11 - ECCLESIASTICAL AND CANON LAW - University credits: 6
Lessons: 42 hours
Professor(s)
Reception:
wednesday 10:30 - 13:00