ID:
GIU0596
Duration (hours):
50
CFU:
8
SSD:
DIRITTO CANONICO E DIRITTO ECCLESIASTICO
Year:
2025
Overview
Date/time interval
Secondo Semestre (27/02/2026 - 25/05/2026)
Syllabus
Course Objectives
The course explores how state legal systems—focusing in particular on the Italian context—address the challenges posed by religious identities in the public sphere. At the core of the course lies the fundamental right to freedom of religion, examined in its historical development and its role within positive law. In today’s globalized world, where religious affiliations continue to play a significant social and political role, the course aims to equip future legal professionals with both interpretive and practical tools to better understand socio-political dynamics and the function of legal production. Alongside the study of constitutional and legislative sources, the course includes the analysis of their concrete application through case law and real-life legal cases. This approach allows students to test and internalize theoretical knowledge by applying it to real-world scenarios. Class discussions, focused on court decisions and topical issues, will foster students’ argumentative and communication skills and encourage active participation. Students will develop the critical thinking necessary to interpret and assess legal developments concerning religious groups in today’s pluralistic societies, while learning to competently evaluate and filter the flow of information from social and mass media. This structure is fully aligned with the Dublin Descriptors, and in particular promotes: Knowledge and understanding Applying knowledge and understanding Making judgments Communication skills
Course Prerequisites
A solid foundation in Private Law and, above all, Constitutional Law (typically covered in the first year) will be particularly helpful for successfully engaging with the course content. Given the highly interdisciplinary nature of Ecclesiastical Law, some topics will be introduced in advance and then explored in greater depth in subsequent courses. Students are encouraged to attend the course in Canon Law and Comparative Law of Religions alongside this one, as a natural and complementary component in the training of the contemporary legal professional.
Teaching Methods
The course alternates between traditional lectures and sessions that require group work focused on the analysis of texts and court decisions. Active participation is strongly encouraged, particularly as a way to develop communication skills. Great importance will be given to a direct engagement with case law—especially constitutional jurisprudence—in order to familiarize students with the regular interpretation of judicial rulings, a skill that will prove essential in more advanced courses.
Assessment Methods
Attending students will take a written exam at the end of the course. The exam will cover the content of the lectures as well as the textbook: Alessandro Ferrari, Libertà religiosa in Italia. Un percorso incompiuto (1848–2024), Carocci, Rome 2025. The written exam will consist of two parts: Part 1: 15 multiple-choice questions (accounting for 40% of the final grade, up to 12 points) Part 2: 5 open-ended questions (accounting for 60% of the final grade, up to 18 points) Among the open-ended questions: 2 will be descriptive 3 will test the ability to apply knowledge through: A commentary on a newspaper headline An analysis of a short excerpt The completion of a partially provided text Students taking Ecclesiastical Law as an elective course (having taken Canon Law as a compulsory course) will be assessed only on the open-ended questions. Non-attending students will take an oral exam based on the study of the following texts: Alessandro Ferrari, Libertà religiosa in Italia. Un percorso incompiuto (1848–2024), Carocci, Rome 2025 Andrea Bettetini, Alessandro Perego, Diritto ecclesiastico, Cedam-Kluwer, Padua, latest edition
Contents
The course is structured into three main sections, each designed to progressively deepen the understanding of the right to religious freedom within the Italian legal context. The first part, with a historical-legal focus, lays the conceptual and normative foundations for understanding the origins and significance of the right to religious freedom. Special attention will be given to two pivotal periods in Italian history: the Liberal Era and Fascism. The second part is devoted to constitutional analysis. Key articles of the Italian Constitution—Articles 2, 3, 7, 8, 19, and 20—will be examined in detail, including the preparatory works of the Constituent Assembly and subsequent constitutional interpretation. A particular focus will be placed on the supreme principle of State secularism (laicità). The third part explores a selection of specific legal topics, also through the discussion of real cases, including: the legal status of non-Catholic groups (especially Islam),Religious marriage with civil effects Public funding of religious communities Religious discrimination
Course Language
Italian. Erasmus students are welcome and will be provided with specific texts and documents
More information
Prof. Ferrari will announce at the beginning of the course the time for in-person meetings at the Manica Lunga room and can always be reached for meetings via Teams at alessandro.ferrari@uninsubria.it
Degrees
Degrees
Law - Como
Single-cycle Master’s Degree
5 years
No Results Found
People
People
Docenti di ruolo di Ia fascia
No Results Found