GI/0017 - EUROPEAN ECCLESIASTICAL LAW
Academic Year 2021/2022
Free text for the University
DAVID DURISOTTO (Tit.)
- Teaching style
- Lingua Insegnamento
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A) Knowledge and understanding: the student will acquire knowledge and ability to understand European integration processes in the area of religious freedom.
B) Applying knowledge and understanding: the student will be able to master interactions between European and domestic law concerning religious freedom.
C) Making judgments: the student will be able to independently evaluate and argue possible legal solutions to the main issues related to religious freedom, linked to European integration processes.
D) Communication skills: the student will be able to communicate acquired legal skills and his or her opinions on issues addressed, including through the preparation of reports on the issues discussed.
E) Learning skills: the student will be able to integrate his or her knowledge through regulatory and jurisprudential updates for professional or research activity.
Although no formal prerequisites are required, knowledge of Ecclesiastical Law (State-Church Relations, religious freedom), Provate Law and Constitutional Law are essential for the final exam.
The course analyses European integration processes in the area of religious freedom, referring in particular to the European Court of Human Rights. The analysis of case law will be accompanied by a deepening of Court guidelines in solving the most problematic issues on religious freedom and of its manifestation forms:
1. Religious Freedom, Human Rights and Family Law.
2. Protection of freedom of speech and religious sentiments.
3. Privacy Law protection.
4. Conscientious objection.
5. Freedom of conscience and ethical or religious teachings in school.
6. Laïcité and religious symbols.
7. Right to the existence and autonomy of religious groups.
8. Organisations pursuing ideological-religious aims and labor relations.
Regarding the European Union, the course analyses legislative and jurisprudential measures concerning the religion in its different forms of expression, in particular the protection against all forms of religious discrimination and the European Union and Vatican City State relations.
The course consists of 48 hours, distributed as follows:
- 40 hours dedicated to lectures
- 8 hours of seminars / exercises dedicated to thematic analysis
Didactic method encourages student interaction, including through the elaboration of specific topics, the analysis of judgments and the presentation of one or more reports.
Lessons will be held both in presence and streaming. At the beginning of the semester students can opt, with binding choice, for one of the two modes. Seminars and exercises may be carried out through forms of interaction using available computer supports.
Verification of learning
Attending students evaluation will be based on an intermediate test on a part of the program carried out during the course. Student’s final evaluation includes an oral exam on the remaining parts of the program.
Non-attending students evaluation will be based on an oral test covering all course “Contents” (cfr. related item).
The highest possible grade is 30\30.
To pass the exam, obtaining a grade of no less than 18/30, the student must demonstrate
1) adequate knowledge (from sufficient to very good) of course content
2) independent judgment in evaluating the institutions and cases being discussed
3) ability to use legally appropriate language
Active participation in lectures and seminars by students who attend class will taken into account
A score of 30/30 with honors corresponds to a excellent overall evaluation of the examination.
D. DURISOTTO, Istituzioni europee e libertà religiosa. CEDU e UE tra processi di integrazione europea e rispetto delle specificità nazionali, ESI, Napoli, 2016, limited to the following parts:
Ch. I par. 1-4 and par. 6 (pag. 1-66 and 81-92)
Ch. II par. 1-14 (pag. 93-243)
Ch. III par. 1 and 4-6 (pag. 245-251 and 269-300)
The following essays are included in the reference texts and they can be downloaded from the teaching page or from the website indicated:
D. DURISOTTO, I recenti interventi della Corte EDU e della Corte di Giustizia UE in tema di simboli religiosi. Rassegna della giurisprudenza, in www.federalismi.it
P. FLORIS, Organizzazioni di tendenza religiosa tra Direttiva europea, diritti nazionali e Corte di giustizia UE, in www.statoechiese.it
Students will be advised on updates of suggested texts for preparation.
During the course students will be updated on the didactic support material used(documents, case law, scientific).