ECCLESIASTIC LAW
- Overview
- Assessment methods
- Learning objectives
- Contents
- Full programme
- 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.
In the case of attendance of both courses of Ecclesiastical Law and Canon Law, professors will agree ad-hoc program with students.
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 organized with: lessons + exercises and practical cases.
Issues analysed by the lesson will be divided in two parts:
1st part – general part: An introduction about what the Ecclesiastical law is, what is the relevance of religious laws; the State-religions relations in Italy. Subsequently, we will analyse the main sources of the Italian ecclesiastical law and its fundamental principles (religious freedom, equality, laicité, etc.)
2nd part – specific issues: 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; religious freedom in prisons;
- 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; religious marriage; chaplaincy
- a specific section of the course will be dedicated to religious tourism and Italian/regional legislation.
During the course, the European legal context will be also taken into consideration, through comparison with other EU countries and the analysis of the EU law and ECHR case law.
The exercise-practical cases (20 hours) will include: case-law analysis; simulation of practical cases relating to the topics addressed in the lessons (for example: how the discipline of ecclesiastical entities is applied and what are the steps to follow for the recognition of legal personality). Furthermore, some study trips will be planned. Colleagues and experts in the different subjects will participate in lessons and practical exercises.
- An introduction about Ecclesiastical law
and the Italian legislation on religious freedom
- fundamental principles of ecclesiastical law (religious freedom, equality, distinction between religious and secular matters, principle of cooperation, laicité, etc.)
- analysis of the protection of religious freedom in Italy today: problems related to religious diversity; religious freedom in the international and the EU law (including analysis of case law)
- the establishment of places of worship; mosques, Islam in Italy and their regulation (including practical cases and a study trip to an Islamic center)
- issues related to the State-religions relations, in particular: religious entities and associations; their recognition; the Third sector; State funding of religions, etc.
- religious entities and religious tourism (with a study trip to the Sacred Mountain of Varese; participation to a conference about religious and cultural routes);
- religious marriage (with practical cases about annulment of marriage and case law analysis);
- religious assistance (chaplaincy) in public institutions; in particular, chaplaincy in prisons, case law analysis and meeting with experts on religious freedom in prisons)
- analysis of State-religions relations in some European States.
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.
Some study trips will also be organized, in order to learn details about practical aspects of religious freedom and of the application of legislation in force.
The teacher will be tutoring students by appointment, also via Microsoft Teams (contact through email).
Attendance of the Canon law course is also recommended. In the case of attendance of both courses, professors will agree ad hoc program with students.