Law, religions and cultures in the European space

Course objectives

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.

Channel 1
FABIO FRANCESCHI Lecturers' profile

Program - Frequency - Exams

Course program
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
Prerequisites
There are no prerequisites or preparatory requirements.
Books
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)
Frequency
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.
Exam mode
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.
LUCIA GRAZIANO Lecturers' profile
  • Lesson code10621458
  • Academic year2025/2026
  • CourseInternational cooperation and development
  • CurriculumSingle curriculum
  • Year1st year
  • Semester2nd semester
  • SSDIUS/11
  • CFU9