ECCLESIASTIC LAW

Degree course: 
Corso di Long single cycle degree (5 years) in GIURISPRUDENZA
Academic year when starting the degree: 
2018/2019
Year: 
2
Academic year in which the course will be held: 
2019/2020
Course type: 
Basic compulsory subjects
Seat of the course: 
Como - Sant'Abbondio
Language: 
Italian
Credits: 
8
Period: 
First Semester
Standard lectures hours: 
50
Detail of lecture’s hours: 
Lesson (50 hours)
Requirements: 

Good knowledge of constitutional law and civil law. Good knowledge of modern-contemporary history.

Final Examination: 
Orale

For students attending classes: written examination.
For students not attending classes: oral examination.

Assessment: 
Voto Finale

Ability to understand the dynamics of the law in relation to the multi-faceted right of religious freedom. Ability to articulate the interpretation of fundamental legal principles in matter of religious freedom 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. Ability to understand the delicate relationship between legislation, case-law and administrative practice and the role of State law (with its different legal formants) in a context of legal pluralism.

Nineteen lessons, three hours each, for a total of 57 hours.
In the 2019-2020 a. y. the following topics will be discussed:

- Introduction to legal pluralism and the right to religious freedom;
- The models of religious freedom: form the international legal order to the Italian model
- The constitutional Italian pattern of religious freedom
- The art. 19 Const. and its limits;
- The kirpan case
- The refusal of blood transfusion
- The art. 8, 2 Const.: “confessional autonomy”
- Religious "confessions", associations, admitted cults: the Italian pyramids of cults;
- The art. 8, 3 Const.: the agreement between state and religious denominations
- The Concordatarian model: the art. 7 Const.
- The art. 8, 1 Const. and the places of worship
- The Financing of religious freedom
- Religious marriages
- The principle of laicità: between constitution and society

For students attending classes:
- Materials uploaded on the e-learning platform

For students non attending classes, both these texts:
- Alessandro Ferrari, La libertà religiosa in Italia. Un percorso incompiuto. Carocci, Roma 2013;
- Giuseppe Casuscelli (ed.), Nozioni di diritto ecclesiastico, Giappichelli, Torino, latest edition.

Convenzionale

Classes will be held in two main ways: lectures (giving the overall framework on the different subjects) and seminars/group works held between the students (analyzing documents and court cases on specific topics). All lessons are integrated with the help of audio-videos, Power Points presentations and others materials, all regularly uploaded within the e-learning page of the course.

Professors