Comparative and European Law and Religion
A.Y. 2024/2025
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 can be attended as a single course.
Course syllabus and organization
Single session
Responsible
Lesson period
Second semester
Course syllabus
I. The so-called European ecclesiastical law: the religious factor in the framework of the European Union and the Council of Europe
II. The competences of the European Union in the field of fundamental rights. In particular: the protection of freedom of religion and belief in the Charter of Fundamental Rights of the European Union
III. The incompetence of the Union on the national statuses of the Churches, other religious communities and philosophical and non-confessional organizations
IV. The Union's "dialogue" with the Churches and religious communities and with philosophical and non-denominational organizations
V. The prohibition of discrimination on grounds of religion
YOU. The European Court of Human Rights: systematic and institutional profiles
VII. The protection of freedom of religion and belief in the European Convention on Human Rights
VIII. The jurisprudence of the European Court of Human Rights: selected cases
IX. The jurisprudence of the Court of Justice of the European Union: selected cases
II. The competences of the European Union in the field of fundamental rights. In particular: the protection of freedom of religion and belief in the Charter of Fundamental Rights of the European Union
III. The incompetence of the Union on the national statuses of the Churches, other religious communities and philosophical and non-confessional organizations
IV. The Union's "dialogue" with the Churches and religious communities and with philosophical and non-denominational organizations
V. The prohibition of discrimination on grounds of religion
YOU. The European Court of Human Rights: systematic and institutional profiles
VII. The protection of freedom of religion and belief in the European Convention on Human Rights
VIII. The jurisprudence of the European Court of Human Rights: selected cases
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
The course, after some introductory lessons of a more theoretical nature, will have a practical and seminar focus, focusing on some European sentences of particular relevance for Italian ecclesiastical law: students will therefore be asked to directly use the sources and analyze case law.
Teaching Resources
For attending students we recommend studying:
- M. Toscano, The religious factor in the European Convention on Human Rights, Pisa, ETS, 2018, limited to part III (pp. 203-289).
In addition to the above text, the following judgments of the European Court of Human Rights will also constitute examination material:
- Lautsi v. Italy, 3 November 2009;
- Lautsi and others v. Italy, 18 March 2011;
- Lombardi Vallauri v. Italy, 20 October 2009;
- Pellegrini v. Italy, 20 July 2001.
For non-attending students, we recommend studying:
- M. Lugli - J. Pasquali Cerioli - I. Pistolesi, Elements of European ecclesiastical law. Principles, models, jurisprudence, II ed., Turin, Giappichelli, 2012, limited to the second part (pp. 49 - 121);
- A. Licastro, The state law of religions in the countries of the European Union. Comparative outlines, 2nd ed., Milan, Giuffrè, 2017.
- M. Toscano, The religious factor in the European Convention on Human Rights, Pisa, ETS, 2018, limited to part III (pp. 203-289).
In addition to the above text, the following judgments of the European Court of Human Rights will also constitute examination material:
- Lautsi v. Italy, 3 November 2009;
- Lautsi and others v. Italy, 18 March 2011;
- Lombardi Vallauri v. Italy, 20 October 2009;
- Pellegrini v. Italy, 20 July 2001.
For non-attending students, we recommend studying:
- M. Lugli - J. Pasquali Cerioli - I. Pistolesi, Elements of European ecclesiastical law. Principles, models, jurisprudence, II ed., Turin, Giappichelli, 2012, limited to the second part (pp. 49 - 121);
- A. Licastro, The state law of religions in the countries of the European Union. Comparative outlines, 2nd ed., Milan, 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
Professors:
Fiorentino Sonia Emanuela, Pistolesi Ingrid
Shifts:
Professor(s)
Reception:
wednesday 10:30 - 13:00