Law of Religious Entities and Non-Profit Organisations
A.Y. 2023/2024
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 can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
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. The Ariel platform will be used to make any in-depth materials available.
Teaching Resources
G. Casuscelli (a cura di), Nozioni di Diritto Ecclesiastico, Giappichelli, Torino, 2015, pp. 1-131 e pp. 283-311;
A. Tomer, Gli «enti religiosi civilmente riconosciuti» (e in particolare
gli enti ecclesiastici della Chiesa cattolica) alla prova del Codice del Terzo settore: l'applicazione delle condizioni di cui all'art. 4, comma 3, tra sintesi di ordinamenti e divergenze interpretative, in Il diritto ecclesiastico, 1-2, 2019, p. 261-285 (available on ariel);
D. Milani, Il patrimonio stabile, in A. Gianfreda, M. Abu Salem (a cura di), Enti religiosi e riforma del Terzo settore, Libellula Edizioni, Tricase, 2018, pp. 223-242 (available on ariel);
L. Simonelli, La riforma del Terzo Settore, le opere degli enti religiosi e la segregazione del patrimonio destinato, in Terzjus, 6 settembre 2021 (available on ariel);
A. Perego, Art. 14. Enti religiosi civilmente riconosciuti, in A. Fici, N. Riccardelli (a cura di), Il registro unico nazionale del terzo settore. Commento al d.m. 15 settembre 2020, n. 106, Editoriale Scientifica,
Napoli, 2021, pp. 157-187 (available on ariel).
For attending students the material will be indicated in class.
A. Tomer, Gli «enti religiosi civilmente riconosciuti» (e in particolare
gli enti ecclesiastici della Chiesa cattolica) alla prova del Codice del Terzo settore: l'applicazione delle condizioni di cui all'art. 4, comma 3, tra sintesi di ordinamenti e divergenze interpretative, in Il diritto ecclesiastico, 1-2, 2019, p. 261-285 (available on ariel);
D. Milani, Il patrimonio stabile, in A. Gianfreda, M. Abu Salem (a cura di), Enti religiosi e riforma del Terzo settore, Libellula Edizioni, Tricase, 2018, pp. 223-242 (available on ariel);
L. Simonelli, La riforma del Terzo Settore, le opere degli enti religiosi e la segregazione del patrimonio destinato, in Terzjus, 6 settembre 2021 (available on ariel);
A. Perego, Art. 14. Enti religiosi civilmente riconosciuti, in A. Fici, N. Riccardelli (a cura di), Il registro unico nazionale del terzo settore. Commento al d.m. 15 settembre 2020, n. 106, Editoriale Scientifica,
Napoli, 2021, pp. 157-187 (available on ariel).
For attending students the material will be indicated in class.
Assessment methods and Criteria
Final exam takes place in oral form.
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:
Milani Daniela, Toscano Marcello
Educational website(s)
Professor(s)