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ECCLESIASTICAL LAW (OF THE STATE)

Giuseppe D'ANGELO ECCLESIASTICAL LAW (OF THE STATE)

0160100032
DEPARTMENT OF LAW
EQF7
LAW
2024/2025

OBBLIGATORIO
YEAR OF COURSE 2
YEAR OF DIDACTIC SYSTEM 2012
SPRING SEMESTER
CFUHOURSACTIVITY
872LESSONS


GIUSEPPE D'ANGELO T Curriculum
Objectives
GENERAL OBJECTIVE:
THE OBJECTIVE OF THE TEACHING IS TO EQUIP STUDENTS WITH CRITICAL AND TECHNICAL KNOWLEDGE, AS WELL AS UNDERSTANDING SKILLS THAT CAN BE APPLIED TO THE LEGAL DISCIPLINE OF RELIGIOUS PHENOMENA AND THE IMPLICATIONS OF LAICITY IN TODAY'S MULTICULTURAL AND MULTI-RELIGIOUS SOCIETY.
KNOWLEDGE AND ABILITY TO UNDERSTANDING:
THE STUDENT WILL BE ABLE TO APPLY THE KNOWLEDGE AND UNDERSTANDING ACQUIRED TO:
- IDENTIFY AND CORRECTLY AND ADEQUATELY APPLY THE RELEVANT PRINCIPLES, RULES AND INSTITUTIONS IN RELATION TO SITUATIONS WHICH SHOW THE LEGAL RELEVANCE OF THE RELIGIOUS FACTOR
- ADDRESS ISSUES CONCERNING THE INTERPRETATION AND APPLICATION OF CURRENT LAWS, WITH THE GOAL OF FINDING SOLUTIONS THAT ARE BOTH METHODOLOGICALLY AND SUBSTANTIVELY ADEQUATE TO PROTECT RELIGIOUS FREEDOM AND FACTOR IN RELIGIOUS AND CULTURAL DIFFERENCES.
JUDGEMENT AUTONOMY:
THE STUDENT WILL BE ABLE TO:
- ASSESS THE SYSTEMATIC IMPACT OF SECTORAL REGULATORY FRAMEWORKS AND THE CASES ANALYSED;
- UNDERSTAND THE STRUCTURE AND FUNCTION OF LAWS AND LEGAL INSTITUTIONS AS INSTRUMENTS FOR CREATING LEGALLY RELEVANT INTERESTS.
- DEVELOP A LEGAL MINDSET ADAPTED TO THE CHANGING CULTURAL, SOCIO-ECONOMIC AND INSTITUTIONAL CONTEXT.
COMMUNICATION SKILLS:
THE STUDENT WILL BE ABLE TO:
- REPRESENT AND COMMUNICATE THE PATHS AND RESULTS OF THEIR STUDIES AND RESEARCH;
- BE EXPRESSED IN TECHNICAL LEGAL LANGUAGE.
LEARNING ABILITY:
THE STUDENT WILL BE ABLE TO:
- UNDERSTAND AND INTERPRET COMPLEX LEGAL TEXTS;
- UPDATE THEIR KNOWLEDGE, FINDING AND MAKING APPROPRIATE USE OF LEGAL AND JURISPRUDENTIAL SOURCES AND SCIENTIFIC LITERATURE;
- CARRY OUT RESEARCH AND CRITICAL ANALYSIS, USING TRADITIONAL BIBLIOGRAPHICAL TOOLS AND COMPUTER RESOURCES.
Prerequisites
CONSTITUTIONAL LAW IS A PREREQUISITE. A GOOD KNOWLEDGE OF ITALIAN LANGUAGE IS ALSO REQUIRED.
Contents
MAIN TOPICS:
•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 (4 HOURS)
•FREEDOM OF RELIGION: INDIVIDUAL DIMENSION (4 HOURS)
•RELIGION AND EDUCATION (4 HOURS)
•RELIGIOUS SYMBOLS IN THE PUBLIC SPHERE (4 HOURS)
•CONSCIENCE CLAIMS (4 HOURS)
•RELIGION AND BIOETHICS (2 HOURS)
•COLLECTIVE AND INSTITUTIONAL DIMENSION OF RELIGIOUS FREEDOM. RELIGIOUS DENOMINATIONS AND GROUPS (2 HOURS)
•THE RELATIONSHIPS BETWEEN THE STATE AND THE CATHOLIC CHURCH AND THE RELATIONSHIPS BETWEEN THE STATE AND THE OTHER RELIGIOUS DENOMINATIONS: BILATERALITY (6 HOURS)
•RELIGION AND MARRIAGE (4 HOURS)
•SUBSIDIARITY AND COOPERATION (2 HOURS)
•ECCLESIASTICAL AND RELIGIOUS BODIES (2 HOURS)
• LAW, RELIGION AND ECONOMICS: FINANCIAL AIDS (6 HOURS)
•NEW WELFARE AND RELIGION (6 HOURS)
•RELIGION, SUSTAINABILITY AND INTEGRAL HUMAN DEVELOPMENT. (6 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.
CONSIDERING THE PROGRESS OF THE COURSE AND THE IN-DEPTH STUDY OF PARTICULAR THEMATIC AND PROBLEMATIC PROFILES, MORE SPECIFIC AND ADDITIONAL INFORMATION MAY BE PROVIDED TO STUDENTS ACTIVELY ATTENDINGTHE COURSE WITH REGARD TO THE MATERIALS SUPPORTING THE STUDY.
IN ANY CASE, STUDENTS MAY TAKE ADVANTAGE OF THE TUTORING ACTIVITIES, WHICH ARE ORGANIZED THROUGHOUT THE ACADEMIC YEAR. SO, STUDENTS HAVING INTEREST TO TUTORING ACTIVITIES CAN SEND THEIR REQUEST TO GDANGELO@UNISA.IT.
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 ISSUES AND THE 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:

TEXT N. 1)

S. BERLINGO’ – G. CASUSCELLI, DIRITTO ECCLESIASTICO ITALIANO. I FONDAMENTI. LEGGE E RELIGIONE NELL’ORDINAMENTO E NELLA SOCIETA’ D’OGGI, GIAPPICHELLI, TORINO, 2020

OR

A. BETTETINI – A. PEREGO, DIRITTO ECCLESIASTICO, WOLTERS KLUWERT - CEDAM, MILANO, 2023.


AND

TEXT N. 2)
G. D’ANGELO, NUOVO WELFARE SUSSIDIARIO E FATTORE RELIGIOSO, GIAPPICHELLI, TORINO, 2020 (FROM PAG. 1 TO PAG. 147).

AND

TEXT N. 3)
C. ELEFANTE, SOSTENIBILITA', PROSSIMITA' E SVILUPPO UMANO INTEGRALE TRA DIRITTO E RELIGIONE. IL RUOLO DEGLI ORATORI NEI PROCESSI DI RESILIENZA TRASFORMATIVA, GIAPPICHELLI, TORINO, 2023..

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 PROFESSOR’S WEB PAGE (HTTP://DOCENTI.UNISA.IT/005228/HOME)
STUDENTS ENROLLED IN PREVIOUS ACADEMIC YEARS AND IN PARTICULAR STUDENTS OUT OF COURSE ARE ALLOWED TO REFER TO THE RECOMMENDED TEXTS FOR THE SAME ACADEMIC YEAR IN WHICH THEY SHOULD HAVE TAKEN THE EXAM. HOWEVER, IN THIS CASE, THE STUDENTS MUST INTEGRATE THE CONTENTS OF THE OLD TEXTS CHOSEN, TAKING INTO ACCOUNT THE THEMES INDICATED FOR THE CURRENT A.A. AND, ABOVE ALL, THE REGULATORY, JURISPRUDENTIAL AND DOCTRINAL UPDATES. IN ORDER TO AVOID ERRORS AND MISUNDERSTANDINGS, IT IS ADVISABLE TO CONTACT THE PROFESSOR.

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 PROFESSOR, BEFORE STARTING THE STUDY, ANY TEXTS CHOSEN IN ORDER TO REPLACE THOSE INDICATED.
More Information
IT MAY BE USEFUL TO CONFIRM THAT, NATURALLY, INFORMATION AND CONTENTS OF THIS TAB APPLY TO ALL STUDENTS AND THEREFORE ALSO TO ERASMUS STUDENTS. IN ANY CASE, 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 PROFESSOR (GDANGELO@UNISA.IT) AND BY CONSULTING HIS/HER WEBSITE PAGE: (HTTP://DOCENTI.UNISA.IT/005228/HOME). REQUESTS FOR CLARIFICATION OF EXAMINATIONS SHOULD BE MADE WELL IN ADVANCE OF THE EXAMINATION DATE. THEREFORE, NATURALLY, INFORMATIONS DERIVING FROM CHANNELS OTHER THAN THE OFFICIAL ONES ARE NOT RELIABLE.
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