law

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).

There are no prerequisites or specific requirements.

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)

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.

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 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).

There are no prerequisites or specific requirements.

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)

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.

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 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).

There are no prerequisites or specific requirements.

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)

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.

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