ECCLESIASTICAL LAW

Knowledge and understanding
Students who attend with profit the course of ecclesiastical law can learn the principles of law that have governed the relationships between religious and political order throughout history, especially in the Western World. They can also acquire knowledge of the Italian positive system of “law and religion” in the context of the European juridical order.
Applying knowledge and understanding
The purpose of the course is to guide students in the framework of the problems arising from relations between law and religion in the multi-cultural and multi-religious context of the Italian and European legal order.The knowledge and understanding of the subject-matter can therefore enable students to acquire the tools for an conscious interpretation of the problems posed by religions, religious subjects and institutions in the Italian and European society.

Through the course of Ecclesiastical Law, students will be able to acquire awareness of the historical developments and the current dynamics of the relationship between law and religion. The relevance of the religious factor in contemporary society will also be analyzed through the study of cases dealt with by the jurisprudence of the Italian Constitutional Court and supranational Courts. Materials for the study of the various themes will be made available to students through the Studium platform.

Should teaching be carried out in mixed mode or remotely, it may be necessary to introduce changes with respect to previous statements, in line with the programme planned and outlined in the syllabus.

Learning assessment may also be carried out on line, should the conditions require it.

1. Ecclesiastical law in the context of legal science. 2. Religion and the organization of civil power: history and systems of relationships between State and Religions. 3. Religions and public powers. In particular: the concept of “religious confession” in Italian law. 4. Italian Constitution and religious problems. Relations with the Catholic Church. 5. The Italian State and religious minorities according to Italian Constitution. 6. Freedom of religion in the Italian legal system. 7. The Holy See and Vatican City. 8. Religious bodies and their activities. 9. The Church assets. Remuneration of clergy. Buildings and places of worship. 10. Marriage.

F. Finocchiaro, Diritto ecclesiastico, thirteenth edition edited by A. Bettetini and G. Lo Castro (Zanichelli, Bologna 2020).

The following parts are to be studied: Cap. 1 § 1 (pp. 1-6); Cap. 2 whole chapter (pp. 18-69); Cap. 3 § 4-7 (pp. 73-92); Cap. 4 whole chapter(pp. 108-132); Cap. 5 whole chapter(pp. 133-151); Cap. 6 § 1-12 (pp. 152-201); § 13.4-14.1 (210-227); § 16 (pp. 230-234); § 19-21 (pp. 242-254); Cap. 7 § 1-2.1 (pp. 258-263); § 5-5.1 (pp. 272-275); § 7 (pp. 277-281); Cap. 8 § 1-2.3 (pp. 286-305); § 4 (pp. 308-313); § 6 (pp. 317-320); § 7 (pp. 346-347); Cap. 9 § 1-7 (pp. 358-374); § 9.1-9.3 (pp. 378-385); Cap. 11 § 1-3.1 (pp. 472-480); § 5-5.2 (pp. 482-490); Cap. 12 whole chapter (pp. 497-561). The total amount is 359 pages (the study of the footnotes is optional).

N. B. For attending students: subjects and texts will be suggested by the teacher during the course.

Students are required to know the most important norms regarding the themes dealt with in the course