2013/2014

2017/2018

DM270

IUS/11 (CANON AND ECCLESIASTIC LAW)

DEPARTMENT OF LAW

LAW

DIRITTO INTERNAZIONALE E COMPARATO

5°

2nd semester (26/02/2018 - 10/05/2018)

6

60 lesson hours

Italian

ORAL TEST

MADONNA MICHELE (titolare) - 6 ECTS

No specific prerequisites are required. Knowledge of the basic elements of public law and private law is appropriate.

The teaching wants to give a contribution to the juridical culture of the students with particular regard to the relevance of the religious phenomenon in the Italian law. The expected target is to develop the students’ ability to explore specific themes of ecclesiastical law by studying the regulations, case law, and doctrine.

The teaching is divided into two parts. The first one is dedicated to the history of the relations between State an Church with particular attention to the historical profiles of religious freedom in the post-unification Italy.
The second part is dedicated to the exposition of the main objects of the Italian ecclesiastical law: the religion in the Italian Constitution; the agreements between the State and the religions; the Holy See and the Vatican City State; the religious bodies and the financing of churches; the religious marriage with civil effects; the religious education; the spiritual assistance; the religious factor in criminal law; the conscientious objection; the religious symbols in the public space.

Frontal lessons

The students who attend classes can study on class notes and on the textbook of
L. MUSSELLI, Diritto e religione in Italia ed in Europa: dai concordati alla problematica islamica, seconda edizione, Torino, Giappichelli, 2016
The students who don’t attend classes must study on the following textbooks:
- L. MUSSELLI, Diritto e religione in Italia ed in Europa: dai concordati alla problematica islamica, seconda edizione, Torino, Giappichelli, 2016;
- L. MUSSELLI, Chiesa e Stato dalla Resistenza alla Costituente, Torino, Giappichelli, 2010, capp. II e III (pp. 29-122).

The verification of learning takes place through an oral examination, which focuses on the knowledge of the bases of the legal regulatiom of the religious phenomenon, and on the ability to deal with specific issues of ecclesiastical law also in the light of the doctrine and of the case law.