International cooperation and development

FABIO FRANCESCHI
LUCIA GRAZIANO

The educational objectives of a course in "Law, Religions, and Cultures in the European Space," according to the Dublin Descriptors, are to provide students with a solid knowledge and understanding of the legal regulation of religious phenomena in Europe, as well as the ability to apply this knowledge in practical contexts and develop specific communication and analytical skills.
Specific Educational Objectives (Dublin Descriptors):
Knowledge and Understanding: Understand the fundamental principles of the regulation of the relationship between law, cultures, and religions in Europe, with particular attention to issues related to the protection of freedom of religion and belief in the context of the multi-ethnic, multicultural, and multi-religious evolution of current European societies.
Knowledge of the main national and European regulations governing religious phenomena in Europe (Council of Europe, European Union, nation states).
Understand key legal concepts, such as secularism, religious freedom, equality and non-discrimination on religious grounds, and the protection of religious symbols and observances.
Ability to apply acquired knowledge in the study of practical cases and legal disputes.
Develop the ability to interpret and analyze relevant legal documents and case law (particularly those relating to the Council of Europe and the European Court of Human Rights on the one hand, and the European Union and the Court of Justice on the other).
Be able to formulate sound and coherent legal arguments.
Develop the ability to critically evaluate issues relating to the relationship between law, cultures, and religions in Europe, taking into account the various existing perspectives, not only strictly legal (cultural, religious, philosophical, social, etc.).
Understand the limitations and implications of legal norms in cultural and religious matters.
Communicate clearly and precisely one's knowledge and skills regarding the relationship between law, cultures, and religions in the European space.
Actively participate in discussions and debates on the topics studied.
Develop the ability for self-learning and continuous professional development.
Be able to identify relevant information sources on the subject.

According to the Dublin Descriptors, the specific learning goals of the course ‘Law, Religions and Cultures in the European Space’ are to enable students enrolled in the degree Course in ‘International Cooperation and Development’ (L-37) to acquire a solid knowledge and understanding of the discipline of religion in Europe, with particular regard to issues relating to the protection of freedom of religion and belief, as well as to develop the ability to apply this knowledge in practical contexts and to develop specific communication and analytical skills. At the end of the course, students will be able to navigate the often challenging interaction between the various sources of European law (Council of Europe, European Union) relating to religion, supranational regulations on the protection of religious freedom and the ecclesiastical regulations of the main European states, which, in their diversity, reflect the different historical and legal traditions of each national legal system. The comprehension of key legal concepts in this field will enable students to develop their skills in researching, interpreting and analysing relevant regulatory and jurisprudential documents, understanding the limits and implications of the relevant legal provisions, formulating sound and consistent legal arguments on the topics studied and, above all, critically evaluating and judging the various issues addressed. In particular, students will have acquired the necessary tools to independently evaluate and argue the possible legal solutions to the main issues relating to individual and collective religious freedom linked to the processes of European integration, in light of the fundamental contribution made by the evolution of the case law of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) in the field of the protection of freedom of religion and belief. They will therefore be able to apply the knowledge acquired in the study of practical cases and legal disputes, communicating their knowledge and skills on the subject clearly and precisely and actively participating in discussions and debates on the various topics studied.

There are no prerequisites or preparatory requirements.

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) M. LUGLI, J. PASQUALI CERIOLI, I. PISTOLESI, Elementi di diritto ecclesiastico europeo. Principi, modelli, giurisprudenza, Torino, Giappichelli, 2012, pp. 148.
2) ECtHR, Guide on Article 9 of the ECHR, 2020 (Free for download: https://ks.echr.coe.int/documents/d/echr-ks/guide_art_9_eng)
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)

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 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.

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 EU'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 religion in the European Union's areas of competence


•  The case law of the Court of Justice of the European Union on issues related 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