GIU0697 - ECCLESIASTIC LAW

courses

ID:

GIU0697

Duration (hours):

50

CFU:

SSD:

DIRITTO CANONICO E DIRITTO ECCLESIASTICO

Year:

2025

Date/time interval

Primo Semestre (26/09/2025 - 14/12/2025)

Course Objectives

The course provides a solid grounding in the principles and institutions of Italian and European ecclesiastical law, with a particular focus on contemporary dynamics of religious pluralism. The course adopts a flipped classroom approach that prioritizes active learning and practical application through legal clinics, preparing students to face professional challenges in the field of religious freedom and relations between the state and religious groups. A. Knowledge and understanding At the end of the course, students will: - Be familiar with the historical evolution and foundations of Italian ecclesiastical law - Understand the system of sources and structure of contractual law - Have a command of the principles of religious freedom and secularism in a multi-level legal system B. Ability to apply knowledge and understanding (Applying knowledge and understanding) Students will be able to: - Apply ecclesiastical law to specific cases - Resolve disputes concerning religious freedom - Draft opinions and documents in the ecclesiastical sphere - Manage negotiations in religious conflicts C. Making judgements Students will develop the ability to: - Critically evaluate constitutional and European jurisprudence - Analyze the implications of religious pluralism for the legal system - Formulate original solutions to complex problems of ecclesiastical law - Balance conflicting rights in religious matters D. Communication skills Students will acquire skills to: - Argue effectively on ecclesiastical matters both orally and in writing - Communicate with specialist and non-specialist interlocutors - Mediate between different positions in multi-religious contexts - Present legal cases and solutions in a clear and persuasive manner E. Learning skills (Learning skills) Students will develop: - Autonomy in keeping up to date with regulatory and jurisprudential developments - Ability to research and analyze sources of ecclesiastical law - Skills in the use of specialized legal databases - Skills to continue their studies in master's or doctoral programs in the field

Course Prerequisites

Basic knowledge of the following is required: - Constitutional law (in particular: sources of law, fundamental rights, constitutional justice) - Private law (legal capacity, legal entities, associations)

Teaching Methods

The course adopts the flipped classroom methodology: PREPARATORY PHASE (independent work): - Guided reading of regulatory texts and case law - Preliminary analysis of cases using structured worksheets - Online forum for preliminary discussions CLASSROOM PHASE: - Guided discussions on the materials studied - Collaborative analysis of case law - Seminars with experts and professionals in the field - Legal clinics with practical simulations TOOLS: - E-learning platform with multimedia materials - Case law database - Toolkit for solving practical cases - Negotiation simulator Classroom attendance is strongly recommended for interactive activities and mandatory for legal clinics.

Assessment Methods

FOR ATTENDING STUDENTS, THE FINAL ASSESSMENT INCLUDES ALL THREE OF THE POINTS LISTED BELOW (1, 2, AND 3): 1. CONTINUOUS ASSESSMENT: - Active participation in classroom discussions - Resolution of 3 practical cases during the course - Presentation of a case law 2. LEGAL CLINICS: - Performance in simulations - Quality of documents/opinions drafted - Ability to work in a team 3. FINAL EXAM: The final exam consists of a written test: 5 open-ended questions to be completed in 75 minutes. Students who also attend the course in Canon Law/Comparative Law of Religions will have access to a dedicated exam program. FOR NON-ATTENDING STUDENTS: ORAL EXAM ASSESSMENT CRITERIA: - Mastery of the regulatory and jurisprudential framework - Ability to critically analyze and argue legal points - Ability to solve practical problems - Quality of written/oral presentation - Originality in approaching cases For non-attending students, there is a supplementary program and a textbook. The final assessment is expressed in thirtieths. Honors are awarded for excellent performance in all assessment components.

MODULE 1 - FUNDAMENTALS (10 hours in mixed mode: lectures and flipped classroom) - History of ecclesiastical law: from jurisdictionalism to separatism - The principle of secularism in the Italian legal system - Sources of ecclesiastical law - Individual and collective religious freedom (Articles 19-20 of the Constitution) [Online materials to be studied before the interactive sessions] MODULE 2 - THE PACT SYSTEM (10 hours in flipped mode) - Art. 7 of the Constitution and the Lateran Pacts - The revision of the 1984 Concordat - Art. 8 of the Constitution and the system of agreements - Comparative analysis of current agreements - The problem of Islam and denominations without agreements [documents to be analyzed independently] MODULE 3 - SPECIFIC ISSUES (10 hours mixed) - Ecclesiastical bodies - Financing of denominations: 8 per thousand and beyond - Concordat marriages and religious marriages MODULE 4 - EUROPEAN AND COMPARATIVE DIMENSION (10 hours in flipped mode) - Religious freedom in the ECHR and the EU Charter of Rights - Case law of the ECHR: main cases - Models of State-Church relations in Europe - Ecclesiastical law in the era of globalization [Case law to be studied and presented in class] MODULE 5 - CONTEMPORARY ISSUES (10 interactive hours) - Religious symbols in public spaces - Conscientious objection: scope and limits - Bioethics and the religious factor - Islamophobia and anti-Semitism: legal aspects - New religious movements and sectarian tendencies LEGAL CLINICS (10 hours) - Clinic 1: Drafting appeals for religious discrimination (2 hours) - Clinic 2: Simulation of negotiation under Article 8 of the Constitution (2 hours) - Clinic 3: Opinions on religious symbols (2 hours) - Clinic 4: Management of religious conflicts in healthcare (2 hours) - Clinic 5: Consultancy for the opening of places of worship (2 hours)

Course Language

Italian

More information

OFFICE HOURS: In the classroom at the end of lessons or by appointment, including remotely. ONLINE MATERIALS: All course materials are available on the e-learning platform. CLINICAL ATTENDANCE: Participation in legal clinics is mandatory. ERASMUS STUDENTS: Materials are available in English and Spanish, and exams can be taken in English and Spanish. WORKING STUDENTS: Personalized study plans can be arranged while maintaining the practical approach of the course.