European studies

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.

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).

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).

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.

Lectures and in-depth seminars (First semester)

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.

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).

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).

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.

Lectures and in-depth seminars (First semester)