European studies

FABIO FRANCESCHI

The Law and Religion course aims to analyze the main issues and questions relating to the relationship between law and religion in Europe. It aims to provide students with the essential knowledge regarding the connections between law and religion and the different models of relationship between states and religious communities in Europe, especially with regard to the issue of religious freedom and related issues. Great attention is paid to the system of protection of the right to religious freedom in national and supranational sources, and, in particular, in the European Convention on Human Rights (ECHR). Through the knowledge provided in class by the professor and individual study, the course aims to develop students' knowledge and ability to interpret supranational and national sources on the subject, as well as their judicial applications. The ultimate goal is to enable students to critically address the various topics related to the relationship between law and religion in Europe, in the context of the current multi-ethnic, multicultural, and multireligious evolution of Western societies.

The Law and Religion course aims to analyze the main issues and questions relating to the relationship between law and religion in Europe. It aims to provide students with the essential knowledge regarding the connections between law and religion and the different models of relationship between states and religious communities in Europe, especially with regard to the issue of religious freedom and related issues. Great attention is paid to the system of protection of the right to religious freedom in national and supranational sources, and, in particular, in the European Convention on Human Rights (ECHR). Through the knowledge provided in class by the professor and individual study, the course aims to develop students' knowledge and ability to interpret supranational and national sources on the subject, as well as their judicial applications. The ultimate goal is to enable students to critically address the various topics related to the relationship between law and religion in Europe, in the context of the current multi-ethnic, multicultural, and multireligious evolution of Western societies.

Although there are no propaedeuticities, knowledge of the essential lineaments of Public International Law and European Union Law is strongly recommended, especially with regard to the functioning and competencies of European institutions (European Union and Council of Europe) and European organs of justice (Court of Justice of the European Union and European Court of Human Rights).

Main contents of the Course: 1. Relations between the state and religious organizations: a) The traditional classification of relations systems a; b) The orientation of the state in religious matters; c) Constitutional models of state-church relations; d) The ECHR and the EU in the face of the religious phenomenon - 3. The European model of state-religious organization relations; 4. Religion in the constitutions of EU member states. The European model of state-religious organization relations - 4. The protection of religious minorities - 5. The principle of equality and the prohibition of discrimination. - 5. The right to freedom of thought, conscience and religion: Article 9 of the ECHR - 6. Practical problems of freedom of religion (religious pluralism and freedom in Islam; religious pluralism, religious freedom and Christianity; religious freedom as a human right; Pastafarianism and the scope of freedom of religion; protection from religious hatred; the ECHR and the challenge of balancing the rights to freedom of expression and protection of religion/belief); 7. Religion and “freedom to do”; 8. Religion and “freedom not to do” - 9. Religious practices and observances in EU member states. In particular: religious symbols.

1. R. BOTTONI, Pathways to Law and Religion, Milano, Educatt, 2024, pp. 162 (being published: before publication, a draft text can be requested via email to the professor)
2. EUROPEAN PARLIAMENT (Directorate General For Internal Policies Policy Department C: Citizens’ Rights And Constitutional Affairs), Religious practice and observance in the EU Member States, 2013, pp. 123 (Free for download: https://www.europarl.europa.eu/RegData/etudes/etudes/join/2013/474399/IPOL-LIBE_ET(2013)474399_EN.pdf)
3. B. JAHID HOSSAIN & C.M. ZOETHOUT (Eds), Freedom of religion and religious pluralism. Studies in religion, secular beliefs, and human rights, vol. 16 (Leiden; Boston: Brill/Nijhoff, 2023): Chapter 3: Religious pluralism and freedom in Islam (pp. 36-56); Chapter 4: Religious Pluralism, Religious Freedom, and Christianity (pp. 57-76); Chapter 5: Religious Freedom as a Human Right (pp. 79-100); Chapter 6: Pluralism, Pastafarianism and the Scope of the Freedom of Religion (pp. 101-120); Chapter 9: Protection against Religious Hatred (pp. 168-191); Chapter 13: Walking on a High Wire. The European Court of Human Rights and the Challenge of Balancing the Rights to Freedom of Expression and the Protection of Religion/Belief under the ECHR (pp. 257-279) (Free for download at: https://brill.com/edcollbook-oa/title/61481).

Lectures and in-depth seminars (First semester)

Course attendance is free. For those who attend at least 75% of the lectures, exemption from the study of parts of textbooks is provided.

The acquisition of learning outcomes is checked with a final oral exam. The exam consists of questions on the various parts of the program. Students must demonstrate an adequate level of knowledge and understanding, critical maturity, ability to solve specific legal issues and correct communication skills (particular attention will be given to the appropriate use of technical terms). The acquisition of learning outcomes is assessed by numerical evaluation (18/30 - 30/30). A written examination may possibly be provided for attending students.

Defining Law and Religion. What is Law and Religion (L&R).
2. Religion law and Religious law. Meaning and differences.
3. The growth of Law and Religion.
4. The so-called “return or revenge of God”.
5. The question of the place and role of religion in the public sphere.
6. The Twentieth Century as the age of secularization of Western society. Essential statements of secularization.
7. The specific function of L&R studies.
8. The challenges of Law and Religion as a legal discipline.
9. Traditional approaches for the management of cultural and religious diversity.
10. French assimilation vs. British multiculturalism. What integration model for Europe?
11. The so-called intercultural legal approach. Specific goals and (desired) results of the intercultural approach.
12. The meaning of the relationship between Law and Religion. Main themes of research of L&R studies
13. Historical evolution of relationships between State and religious organizations. Church and State in the history of Law.
14. A Brief History of Studies on Law and Religion. The three historical periods.
15. Models of State-Religion Relations in today Western Europe.
16. Catholicism as a “civil religion” in Italy.
17. Laïcité as the Civil Religion in France.
18. “Unity from Diversity” in England. Limits of the English pattern.
19. Religion and religious communities in the EU legal system.
20. The main sources of EU law in the matter of religion.
21. The so-called “acquis communautaire”: definition and contents.
22. The Religion Law of the EU. The seven principles that characterize the attitude of the EU towards religion
23. Religious freedom and its protection within EU law. Difference between the individual and collective dimensions of religious freedom.
24. The difference between the Court of Justice of the EU (ECJ) and the European Court of Human Rights (ECtHR).
25. The role of religious issues in the EU legal system.
26. The principles governing the distribution of power between the EU and its member States in matter of religion. The principle of subsidiarity. Article 17 (1) of the Treaty on the Functioning of the EU (TFEU).
27. The use of the subsidiarity principle in the Strasbourg jurisprudence (ECtHR). The so-called “margin of appreciation”. Meaning, function and purpose of the margin of appreciation.
28. Fundamental elements of this common European pattern of church-state relations.
29. The distinction between religion-centred and secular States.
30. Differences between theocratic States, States with an established church, States with establishment of multiple religions.
31. Secular States. The principle of non-establishment of religion. Different models of secular States. Amoral secular States and value-based secular States.
32. The distinction between the secular state, the atheist state and the agnostic state.
33. The crisis of the secular State. Religion as a symptom of the crisis of the secular state.
34. The place of Sharia law in Europe.
35. The “Sharia Courts” in Europe.
36. Policy on religion in the EU. The distinction between "Religion Policy" and "Law and Religion". The specificity of the EU Religion Policy.
37. Religion and Human Rights.
38. The place of religion in human rights today.
39. Freedom of religion and belief (FORB). The right to freedom of religion and belief and its fundamental dimensions from a historical perspective.
40. Notion and contents of the right to freedom of religion and belief.
41. The Western perspective on FORB. The distinction between forum internum (the right to freedom of religion or belief) and forum externum (the freedom to manifest one’s religion or belief).
42. The right to religious freedom within the Arab-Islamic Charters on Human Rights. Differences.
43. The issue of apostasy. Islamic point of view and Western perspective.
44. The main sources of the right of religious freedom at the supranational level.
45. Article 9 of the ECHR: freedom of thought, conscience and religion.
46. The extent of the protection established by Article 9 of the ECHR.
47. The field of application of Article 9 (1) of the ECHR:
48. The paradigmatic case of the Church of the Flying Spaghetti Monster (or Pastafarianism).
49. Persons protected by Article 9 (1). Individuals and groups. Differences in the exercise of the rights provided for by Article 9 (1) of the ECHR.
50. The specific contents of the protection guaranteed by Article 9. The issue of proselytism. Limitations placed on a person’s freedom to manifest religion or belief.
51. Restrictions on the right to manifest one’s beliefs and convictions. The State’s interference.
52. The margin of appreciation recognized to the States: contents and limits.
53. The strength of the protection established by Article 9 of the ECHR.
54. Article 9 (2) of the ECHR: the right to manifest one’s beliefs. Contents and possible limitations
55. Restrictions on the right to manifest one’s beliefs and convictions. Conditions for State interference.
56. Main cases of state interference in matter of FORB.
57. Religious symbols. Definition and functions.
58. Problems and disputes arising with reference to the exposition of the religious symbols in public spaces. Should religious symbols in public places be banned or limited?
59. Problems arising in reference to the symbolic use of clothing, prescribed by confessional norms.
60. Question of the legitimacy of the restrictions on the use of religious symbols: European Court of Human Rights and Court of Justice of the EU. Different approaches.
61. The evolution within the jurisprudence of the Court of Strasbourg on the question of the use of religious clothing. The judgment on the Lautsi case v. Italy (crucifix in Italian classrooms). Case reconstruction and solution (Section II and Grand Chambre).
62. Recent ECtHR jurisprudence on the question of the use of religious symbols. Main areas of intervention of the Court. Some specific cases.

• Defining Law and Religion


• The Growth of Law and Religion


• The Challenges of Law and Religion


• Intercultural Law, Interdisciplinary Outlines


• Intercultural integration strategies (COE)


• The significance of the relationship between law and religion


• Relations between states and religious organisations throughout Western history


• A brief History on Studies on Law and Religion


• Models of State-Religion Relations in today Western Europe (part 1: Three shared principles for a common model)


• Models of State-Religion Relations in today Western Europe (part 2: A Model in process of transformation)


• Models of State-Religion Relations in today Western Europe (part 3: Three patterns of Church-State relations)


•  Secularism in France


• Religion and religious communities in the European legal system – The main sources of EU law on religion – The “acquis communitaire”


• The Religion Laws of the EU. General principles. EU and ECHR Provisions Protecting Individual and Collective Religious Freedom


• Secular political-legal regimes in religiously homogeneous and diverse societies (religion-centred regimes and secular regimes)


• The crisis of the secular state


• Religion and Human Rights


• Freedom of religion and belief. General overview and supranational protection


• Article 9 of the ECHR: Freedom of thought, conscience and religion


• The role of Sharia law in Europe – Sharia courts in European legal systems


• Religious symbols. Description, regulatory framework, legal issues in European society


• Religious symbols in the case law of the European Court of Human Rights and the Court of Justice of the European Union


• The criminal protection of religion in Europe. Hate speech and blasphemy laws. The case law of the Strasbourg Court


• Religious groups' views and legal discipline on End of Life issues