ECCLESIASTIC LAW
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- Bibliography
- Delivery method
- Teaching methods
- Contacts/Info
Good knowledge of Italian constitutional law and civil law. Good knowledge of modern-contemporary history.
Ability to analyse legal texts and case law.
Oral examination.
The course aims at understanding the main characters of the legal regulation of religious freedom in Italy, within the framework of EU law and of international conventions, e.g. the ECHR.
At the end of the course students shall have the following abilities: a) ability to articulate the interpretation of fundamental legal principles together with the analysis of legislation on specific topics, within a historical framework, understanding the main transformations of Italian law concerning the right of religious freedom. b) Ability to understand the dynamics of the law in relation to the multi-faceted right of religious freedom, with particular attention to the problems related to the presence of different religious communities and to the role of the European and international legal framework (EU law, the ECHR case law, etc.) c) ability to understand the role of bilateral legislation for the protection of religious freedom (Concordat with the Catholic Church and agreements with other religious communities).
d) Ability to understand the delicate relationship between legislation, case-law and administrative practice and the role of State law in a context of legal pluralism.
The course of Canon Law/comparative religious law can integrate the knowledge of a specific religious legal system, giving to the students a more complete awareness about the presence of religions in the contemporary plural society.
The course is divided into 2 parts:
1st part (25 hours approx): An introduction about what the Ecclesiastical law is, what is the relevance of religious laws, what are the historical premises for the legislation in force. Subsequently, we will analyse the main sources of the Italian ecclesiastical law (in particular: the Constitution, State legislation and bilateral legislation) and its fundamental principles (religious freedom, equality, laicité, etc.)
2nd part (25 hours approx): the analysis of the protection of religious freedom in Italy today, taking into account how the principles of ecclesiastical law apply. In particular, the course will examine the following issues:
- the right to religious freedom, including the problems related to religious diversity (for example, the exercise of religious freedom at work and the prohibition of discrimination; the use of religious symbols in the public space; the accommodation of religious needs, such as dietary needs; religious festivals; conscientious objection) and other problems (e.g. the limitations on religious freedom due to the Covid-19)
- issues related to the State-religions relations, in a context of legal pluralism: for example, the establishment of places of worship; the role of religious associations; public funding and religions; school and religions; religious marriage.
In both parts of the course, the European legal context will be taken into consideration, through comparison with other EU countries and the analysis of the EU law and ECHR case law.
- An introduction about Ecclesiastical law
- the historical premises for the Italian legislation on religious freedom
- sources of the Italian ecclesiastical law (in particular: the Constitution, State legislation and bilateral legislation)
- fundamental principles of ecclesiastical law (religious freedom, equality, distinction between religious and secular matters, principle of cooperation, laicité, etc.)
- religious freedom in the international and the EU law
- analysis of the protection of religious freedom in Italy today: problems related to religious diversity (for example, the exercise of religious freedom at work and the prohibition of discrimination; the use of religious symbols in the public space; the accommodation of religious needs, such as dietary needs; religious festivals; conscientious objection)
- issues related to the State-religions relations, in a context of legal pluralism: for example, the establishment of places of worship; State funding of religions, etc.
- religious associations and recognition of religious entities;
- school and religions;
- religious marriage;
- religious assistance (chaplaincy) in public institutions.
Enrico Vitali, Antonio G. Chizzoniti, Diritto ecclesiastico. Manuale breve, Giuffrè, Milano (latest edition).
On the e-learning platform further readings and materials will be available.
Classes will be held through lectures (giving the overall framework on the different subjects). Besides lessons, students will find documents, reading materials, power point presentations and videos uploaded via the E-learning platform. The teacher will assign also readings and documents on specific topics, in order to understand practical implications of the current legislation and to discuss some relevant issues.
In the case of online course, lessons will be held both through Power Point presentations with audio recording and through “live” lessons via Microsoft Teams.
The teacher will be tutoring students by appointment via Microsoft Teams (contact through email).