ECCLESIASTICAL LAW (OF THE STATE)

Giurisprudenza ECCLESIASTICAL LAW (OF THE STATE)

0160100032
DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
EQF7
LAW
2020/2021

OBBLIGATORIO
YEAR OF COURSE 2
YEAR OF DIDACTIC SYSTEM 2012
SECONDO SEMESTRE
CFUHOURSACTIVITY
872LESSONS


Objectives
THE TEACHING AIMS TO PROVIDE THE STUDENT WITH THE CRITICAL UNDERSTANDING AND TECHNICAL-APPLICATIVE KNOWLEDGE AND SKILLS RELATED TO THE LEGAL DISCIPLINE OF THE RELIGIOUS PHENOMENON AND TO THE PARTICULAR NOTION OF STATE SECULARITY TO FRAME AND CORRECTLY ADDRESS THE ISSUES RELATED TO THE RELATIONS BETWEEN CIVIL ORDER AND RELIGIOUS ORDER, THE MULTI-LEVEL PROTECTION OF RELIGIOUS FREEDOM AND THE INCLUSION OF DIFFERENCES IN THE CURRENT MULTI-RELIGIOUS AND MULTICULTURAL CONTEXT.

THEREFORE, SPECIFIC TRAINING OBJECTIVES AND LEARNING OUTCOMES ARE FORESEEN:
1) KNOWLEDGE AND UNDERSTANDING.

THE STUDENT WILL BE ABLE TO:
A) KNOW AND UNDERSTAND THE PRINCIPLES AND RULES WHICH GOVERN THE LEGAL DISCIPLINE OF THE RELIGIOUS PHENOMENON AND INVOLVE THE PARTICULAR CONCEPT OF SECULARITY OF THE STATE AS A SAFEGUARD FOR RELIGIOUS FREEDOM IN A REGIME OF RELIGIOUS AND CULTURAL PLURALISM;
B) KNOW AND UNDERSTAND THE MEANING OF THE LEGAL RELATIONS BETWEEN SECULAR LEGAL SYSTEM AND RELIGIOUS LEGAL SYSTEMS IN ORDER TO CRITICALLY EVALUATE THEIR CURRENT STATUS AND THEIR PERSPECTIVES ESPECIALLY WITH REGARD TO THEIR IMPACT ON INDIVIDUAL AND COLLECTIVE RELIGIOUS RIGHTS AND FREEDOMS;
C) KNOW AND UNDERSTAND THE FORMS AND CONTENTS OF THE MULTILEVEL PROTECTION OF RELIGIOUS FREEDOM AND THE TOOLS AVAILABLE TO THE JURIST IN ORDER TO ACHIEVE THE LEGAL INCLUSION OF RELIGIOUS AND CULTURAL DIFFERENCES IN TODAY'S MULTIRELIGIOUS AND MULTICULTURAL CONTEXT.

2) KNOWLEDGE AND APPLIED UNDERSTANDING.
THE STUDENT WILL BE ABLE TO APPLY KNOWLEDGE AND SKILLS ACQUIRED FOR:
A) CORRECTLY IDENTIFY AND APPLY THE RELEVANT PRINCIPLES, RULES AND INSTITUTES IN RELATION TO THE SPECIFIC CASES UNDER STUDY AND RELATED TO THEM WITH TECHNICAL-LEGAL AND ARGUMENTATIVE SKILL;
B) SOLVE INTERPRETATIVE AND APPLICATIVE PROBLEMS WITH REGARD TO THE CURRENT LEGISLATION, SEARCHING FOR METHODOLOGICALLY AND SUBSTANTIALLY ADEQUATE SOLUTIONS WITH REGARD TO THE MATTER OF LEGAL REGULATION OF THE RELIGIOUS PHENOMENON, SAFEGUARDING RELIGIOUS FREEDOM AND INCLUDING RELIGIOUS AND CULTURAL DIFFERENCES
C) USE THEM ALSO IN SUBSEQUENT STUDY CONTEXTS.
Prerequisites
CONSTITUTIONAL LAW IS A PREREQUISITE. A GOOD KNOWLEDGE OF ITALIAN LANGUAGE IS ALSO REQUIRED.
Contents
MAIN THEMES:
•THE CONCEPT, THE EVOLUTION AND THE MEANING OF THE ECCLESIASTICAL LAW OF THE STATE (2 HOURS)
•THE ECCLESIASTICAL LAW IN THE CONTEMPORARY CONTEXT (2 HOURS)
•THE ITALIAN MODEL: CONSTITUTIONAL OVERVIEW (4 HOURS)
•THE ITALIAN WAY TO THE SECULAR STATE: THE PRINCIPLE OF “LAICITA’” (4 HOURS)
•THE ITALIAN ECCLESIASTICAL LAW AND THE EUROPEAN UNION LAW (4 HOURS)
•THE ITALIAN ECCLESIASTICAL LAW AND THE EUROPEAN CONVENTION OF HUMAN RIGHTS (6 HOURS)
•FREEDOM OF RELIGION: INDIVIDUAL DIMENSION (4 HOURS)
•RELIGIOUS SYMBOLS IN THE PUBLIC SPHERE (4 HOURS)
•CONSCIENCE CLAIMS (4 HOURS)
•COLLECTIVE AND INSTITUTIONAL DIMENSION OF RELIGIOUS FREEDOM (2 HOURS)
•AUTONOMY OF RELIGIOUS GROUPS AND BODIES (4 HOURS)
•THE RELATIONSHIPS BETWEEN THE STATE AND THE CATHOLIC CHURCH AND THE RELATIONSHIPS BETWEEN THE STATE AND THE OTHER RELIGIOUS DENOMINATIONS: BILATERALITY (6 HOURS)
•FROM BILATERALITY TO COOPERATION (2 HOURS)
•SUBSIDIARITY (2 HOURS)
•STATE SUPPORT TO RELIGION: FINANCIAL AIDS (8 HOURS)
•RELIGION AND EDUCATION (4 HOURS)
•RELIGION AND MARRIAGE (4 HOURS)
•RELIGION AND BIOETHICS (4 HOURS)
•ABOUT THE FUTURE OF THE ECCLESIASTICAL LAW (2 HOURS)
Teaching Methods
THE COURSE IS PERFORMED IN THE SECOND SEMESTER AND IS COMPOSED OF LECTURES (72 HOURS/8CFU), IN ITALIAN LANGUAGE. ADDITIONAL FORMS OF TEACHING ARE ADDED (THEMATIC INSIGHTS, SEMINARS AND PRACTICAL EXERCISES EVEN WITH LAW OPERATORS AND TEACHERS OF OTHER UNIVERSITIES), IN ITALIAN LANGUAGE. ATTENDANCE TO THE COURSE AND THESE EDUCATIONAL ACTIVITIES IS NOT MANDATORY. HOWEVER IT IS EVIDENT THAT, AS NORMALLY, THE REAL FREQUENCY TO THE COURSE MAY MAKE THE PREPARATION OF THE EXAMINATION EASIER FOR THE STUDENT, CONSIDERING THAT IT ALLOWS TO ENRICH THE CONTENTS OF THE PREPARATION, TO INTERACT ACTIVELY WITH THE PROFESSOR AND TO CHECK, STEP BY STEP, THE PROGRESS OF THE LEARNING METHOD. IN ANY CASE, ALL STUDENTS CAN TAKE ADVANTAGE OF TUTORIAL ACTIVITIES AND ACCESS TO TEACHING MATERIALS MADE TO THEIR PROVISIONS THROUGH THE TEACHER PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME, FOR PROF. GIUSEPPE D'ANGELO, AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR PROF.SSA CARMELA ELEFANTE) AND THROUGH THE FURTHER CHANNELS INDICATED. THE CALENDAR OF ALL THE TEACHING AND TUTORIAL ACTIVITIES IS REPORTED, FROM TIME TO TIME, WITH SPECIFIC NOTICES PUBLISHED ON THE PROFESSOR PAGES AND ON THE DEPARTMENT WEBSITE.
Verification of learning
LEARNING IS VERIFIED THROUGH A SINGLE ORAL EXAMINATION, WHICH CONSISTS IN AN INTERVIEW, IN ITALIAN LANGUAGE, HAVING THE CONTENT OF THE PROGRAM.
THE EXAM IS INTENDED TO ESTABLISH THE ACHIEVEMENT OF THE EXPECTED LEARNINGS (KNOWLEDGE AND UNDERSTANDING AS WELL AS APPLYING KNOWLEDGE AND UNDERSTANDING) AS DESCRIBED ABOVE, IN THE SECTION “OBJECTIVES”. FOR ATTENDING STUDENTS, IT TAKES INTO ACCOUNT THE ACTIVE PARTICIPATION IN THE COURSE. SO THE EXAMINATION CONSISTS OF QUESTIONS ABOUT GENERAL AND THEORICAL ISSUES AND OF QUESTIONS ABOUT PRACTICAL LEGAL ISSUES AND, FOR ATTENDING STUDENTS, ABOUT THE ADDITIONAL THEMATIC AND PROBLEMATIC PROFILES PROCESSED DURING THE LESSONS.
EVALUATION CRITERIA ARE THE SAME FOR BOTH ATTENDING AND NON-ATTENDING STUDENTS. THE EVALUATION OF THE EXAMINATION IS EXPRESSED IN THIRTIETHS AND THE EXAM IS EXCEEDED IF THE STUDENT OBTAINS A SCORE INCLUDED BETWEEN 18/30 AND 30/30.
THE MINIMUM EVALUATION OF 18/30 IS OBTAINED WHEN THE STUDENT SHOWS AN ELEMENTARY DEGREE OF KNOWLEDGE AND UNDERSTANDING OF THE ESSENTIAL CONTENTS OF THE STUDY PROGRAM AND A LIMITED UNDERSTANDING ABILITY OF ITS PRACTICAL AND APPLICATIVE IMPLICATIONS.
THE MAXIMUM EVALUATION OF 30/30 IS OBTAINED WHEN THE STUDENT SHOWS AN EXTENDED AND DETAILED KNOWLEDGE AND A COMPLETE UNDERSTANDING OF THE PROGRAM ARGUMENTS, COMBINED WITH FULL CRITICAL ABILITY AND THE SKILLS TO SET AND SOLVE THE RELATED LEGAL QUESTIONS WITH CORRECT ARGUMENTATIVE AND LEGAL LANGUAGE TOOLS. THE LODE IS ASSIGNED WHEN THE STUDENT SHOWS OTHERWISE WIDER ABILITY OF SYSTEMATIC AND CRITICAL ASSESSMENT, EVEN BEYOND THE PARTICULAR STUDY CONTEXT.
THE ACHIEVEMENT OF AN INTERMEDIATE SCORE (FROM 19/30 TO 29/30) DEPENDS ON THE DEGREE OF AMPLITUDE AND DEPTH OF THE KNOWLEDGE OF THE CONTENTS OF THE PROGRAM, AS WELL AS THE GRADE OF ABILITY IN APPLYING THE ACQUIRED KNOWLEDGE, THE CRITICAL UNDERSTANDING AND THE SKILL TO ARTICULATE A LEGAL REASONING IN A LINEAR WAY AND TO EXPRESS IT WITH CLARITY AND WITH APPROPRIATE LEGAL LANGUAGE.
Texts
THE FOLLOWING THREE TEXTS ARE RECOMMENDED:

1) M. C. FOLLIERO - A. VITALE, DIRITTO ECCLESIASTICO. ELEMENTI. PRINCIPI NON SCRITTI. PRINCIPI SCRITTI. REGOLE. QUADERNO 2: I PRINCIPI SCRITTI, GIAPPICHELLI, TORINO, 2013, FROM PAGE 27 TO PAGE 215 (PARTS I I, II AND III);
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2) G. D’ANGELO, DIRITTO ECCLESIASTICO E MUTAZIONI, IN CORSO DI PUBBLICAZIONE
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3) G. D’ANGELO, ORDINAMENTI GIURIDICI E INTERESSI RELIGIOSI. ARGOMENTI DI DIRITTO ECCLESIASTICO COMPARATO E MULTILIVELLO. VOLUME 1. IL DIRITTO ECCLESIASTICO ITALIANO NEL SISTEMA CEDU, GIAPPICHELLI, TORINO, 2017, FROM PAG. 65 TO PAG. 106 AND FROM PAGE 135 TO PAGE 309 (SECOND PART, CHAPTERS SECOND AND THIRD; THIRD PART, CHAPTERS SECOND AND THIRD, FOURTH PART, FIFTH PART).

IT IS RECOMMENDED TO ADD TO THE TEXTS INDICATED THE STUDY OF THE LEGAL SOURCES. , THE PUBLICATION OF NEW TEXTS OR UPDATED EDITIONS OF THE TEXT ALREADY INDICATED WILL BE COMMUNICATED PROMPTLY, BEFORE THE BEGINNING OF THE COURSE, ON THE PROFESSORS' WEB PAGES (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE).
IN EVERY CASE, IT IS WORTH REMEMBERING THAT THE ABOVE MENTIONED TEXT IS SIMPLY RECOMMENDED. EVERY STUDENT CAN CHOOSE THE TEXTS HE/SHE CONSIDER MOST USEFUL TO PREPARE HIS/HER EXAMINATION. OF COURSE, THESE TEXTS MUST BE SCIENTIFICALLY AND DIDACTICALLY APPROPRIATE, AND THEY ABSOLUTELY HAVE TO COVER THE ENTIRE PROGRAM. IN NO CASE, THEREFORE, THE CHOICE OF TEXTS CAN DETERMINE A REDUCTION IN THE QUANTITY AND THE QUALITY OF THE STUDY REQUESTED TO PASS THE EXAM.
IT IS THEREFORE RECOMMENDED TO SUBMIT TO THE APPROVAL OF THE PROFESSORS, BEFORE STARTING THE STUDY, ANY TEXTS CHOSEN IN ORDER TO REPLACE THOSE INDICATED.
More Information
FURTHER DIDACTIC AND ORGANIZATIONAL INFORMATIONS (E.G. ABOUT THE CONTENTS OF THE COURSE, THE EXAMINATION, THE DIDACTIC MATERIALS) CAN BE TAKEN ONLY BY CONTACTING THE PROFESSORS (G.DANGELO@UNISA.IT OR CELEFANTE@UNISA.IT) AND BY CONSULTING THEIR WEBSITE PAGES: (HTTP://DOCENTI.UNISA.IT/005228/HOME FOR GIUSEPPE D'ANGELO AND HTTP://DOCENTI.UNISA.IT/021710/HOME, FOR CARMELA ELEFANTE). THEREFORE, NATURALLY, INFORMATIONS DERIVING FROM CHANNELS OTHER THAN THE OFFICIAL ONES ARE NOT RELIABLE.
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