law

FABIO FRANCESCHI
FABIO FRANCESCHI
LUCIA GRAZIANO
LUCIA GRAZIANO
FABIO FRANCESCHI

The objective of the teaching of "European ecclesiastical law" is to allow the student of the Law Curriculum (LMG-01) to acquire knowledge and the ability to understand the discipline of the religious phenomenon in Europe, with particular regard to the protection of freedom of religion and beliefs. As a result of the study of the subject, the student will be able to orient himself in the interaction between the different sources of EU law on the religious phenomenon, the supranational regulation on the protection of religious freedom (with specific regard to the European Convention on Human Rights) and the legal regulations on ecclesiastical matters of the main European states, expressive of the different historical and legal traditions of each national system; evaluating and arguing independently the possible legal solutions of the main problems regarding individual and collective religious freedom linked to the processes of European integration, also in light of the fundamental contribution provided by the evolution of the case law of both the Court of Justice of the European Union and the European Court of Human Rights on the protection of religious freedom and beliefs.

The objective of the teaching of "European ecclesiastical law" is to allow the student of the Law Curriculum (LMG-01) to acquire knowledge and the ability to understand the discipline of the religious phenomenon in Europe, with particular regard to the protection of freedom of religion and beliefs. As a result of the study of the subject, the student will be able to orient himself in the interaction between the different sources of EU law on the religious phenomenon, the supranational regulation on the protection of religious freedom (with specific regard to the European Convention on Human Rights) and the legal regulations on ecclesiastical matters of the main European states, expressive of the different historical and legal traditions of each national system; evaluating and arguing independently the possible legal solutions of the main problems regarding individual and collective religious freedom linked to the processes of European integration, also in light of the fundamental contribution provided by the evolution of the case law of both the Court of Justice of the European Union and the European Court of Human Rights on the protection of religious freedom and beliefs.

There are no prerequisites or specific requirements.

The Course is aimed to analyze the essential elements of the discipline of the religious phenomenon, in its different forms of expression, within EU law and in the broader context of the Council of Europe, in light of the rights guaranteed within the ECHR. Particular attention is paid to the aspects inherent to the presence of religious organizations in the European public space, to the multiple profiles of protection of freedom of religion as a fundamental human right, as well as to protection against any form of discrimination on religious grounds. The topics are analyzed in light of the growing attention paid to the religious phenomenon and the activity of religious organizations operating in Europe by the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights, also to verify the capacity of impact of the rulings of European judges on the law of the Member States.
The main topics of the course are:
1) State and religious communities in Europe: constitutional models and systems
2) European Union and Council of Europe: characteristics and convergences
3) The competences of the European Union in the field of fundamental rights. In particular: the protection of freedom of religion and belief in the Charter of Fundamental Rights of the European Union
4) The Union's incompetence on the national status of Churches, religious communities and philosophical and non-confessional organizations
5) The Union's "dialogue" with the Churches and religious communities and with philosophical and non-confessional organizations
6) The importance of religion in the objectives of the European Union's competence
7) The jurisprudence of the Court of Justice of the European Union in matters related to the application of EU law which concern the religious phenomenon or the activity of religious organizations operating in the territory of the Union: selected cases
8) The European Court of Human Rights: systematic and institutional profiles
9) The protection of freedom of religion and belief in the European Convention on Human Rights
10) The case law of the ECtHR: selected cases (religious freedom, personal rights and family law; protection of freedom of expression and religious feeling; prohibition of discrimination; protection of privacy; conscientious objection; freedom of conscience and religious teachings in schools; religious symbols; right to existence and autonomy of religious groups; religious organizations and employment relationships).

1) M. LUGLI, J. PASQUALI CERIOLI, I. PISTOLESI, Elementi di diritto ecclesiastico europeo. Principi, modelli, giurisprudenza, Torino, Giappichelli, 2012, pp. 148.
2) CORTE EUROPEA DEI DIRITTI DELL’UOMO, Guida sull'articolo 9 della Convenzione europea dei diritti dell'uomo, 2020 (free for download: https://www.echr.coe.int/documents/d/echr/Guide_Art_9_ITA)
3) An essay chosen by the student among: P. LILLO, Rilevanza pubblica delle comunità religiose nella dimensione giuridica europea, in Stato, Chiese e pluralismo confessionale, Rivista telematica (ww.statoechiese.it), n. 28 del 2018 (https://d1vbhhqv6ow083.cloudfront.net/contributi/Lillo.M_Rilevanza.pdf); N. MARCHEI, La libertà religiosa nella giurisprudenza delle Corti europee, in Stato, Chiese e pluralismo confessionale, Rivista telematica (www.statoechiese.it), fascicolo n. 33 del 2019 (https://d1vbhhqv6ow083.cloudfront.net/contributi/Marchei.M_La_libertC3A0.pdf); D. DURISOTTO, I recenti interventi della Corte EDU e della Corte di Giustizia UE in tema di simboli religiosi. Rassegna della giurisprudenza, 2019, in www.federalismi.it (https://www.federalismi.it/nv14/articolo-documento.cfm?Artid=38532)

Lectures accompanied by dialectical comparison sessions on practical cases. The use of slides is expected to facilitate a better understanding of the topics.

The course is scheduled in the second semester.
Attendance is free. For attending students there is a partially different program, which will be communicated by the teacher at the beginning of the lessons.
Participation of 75% (at least) of the total lesson hours is required to be considered attending students.

The final exam will take place in oral form. Intermediate tests will be scheduled for attending students.

1) Supranational institutions in Europe: European Union and Council of Europe
2) The sources of European ecclesiastical law
3) The community acquis
4) The protection of human rights in Europe
5) Religious freedom in the European Union legal system
6) Religious freedom in the ECHR
7) The judicial system for the protection of human rights in Europe
8) Court of Justice of the European Union and European Court of Human Rights: prerogatives and differences.
9) The margin of appreciation
10) Religion before the European Courts
11) Religious freedom
12) Principle of non-discrimination for religious reasons
13) Religious symbols
14) End-of-life issues
15) Religious political parties

• State and religious communities in Europe: constitutional models and systems


• European Union and Council of Europe: characteristics and convergences


•  The European Union's competences in the field of fundamental rights. In particular: the protection of freedom of religion and belief in the Charter of Fundamental Rights of the European Union


• The Union's lack of competence regarding the national status of churches, other religious communities, and philosophical and non-confessional organisations


• The Union's “dialogue” with churches and religious communities and with philosophical and non-confessional organisations


• The importance of the religious factor in the objectives falling within the competence of the European Union


• The case law of the Court of Justice of the European Union on matters relating to the application of EU law affecting religion or the activities of religious organisations operating within the Union: selected cases


• The European Court of Human Rights: systematic and institutional profiles


• The protection of freedom of religion and belief in the European Convention on Human Rights


• The case law of the European Court of Human Rights: selected cases (religious freedom, personal rights and family law; protection of freedom of expression and religious sentiment; prohibition of discrimination; protection of privacy; conscientious objection; freedom of conscience and ethical or religious teaching in schools; religious symbols; right to existence and autonomy of religious groups; ideological-religious organisations and employment relationships).