00227 - Ecclesiastical Law

Learning outcomes

The course provides relevant information according to the protection of religious freedom and the individual and collective actual operations of religions and their institutions in our and in other jurisdictions. A particular attention is reserved to the recent phenomenon of territorial rights of religious freedom.

Course contents

- Systems of relationship between the State and religious Confessions. Comparison with Netherlands, Belgium, France and Spain.
- Legislative negotiation, deregulation, concerted action.
- The sources of ecclesiastical law: the agreed arrangements, the ecclesiastical Treaties.
- The unilateral legislation of the State.
- Definition of religion.
- Republican State and the Catholic Church in Italy.
- Confessions of minor religions and Agreements with the State.
- Confessions Agreement-free.
- Religious freedom and legislation about cults.
- Religious education in public schools.
- The ecclesiastical entities.

Territorial rights of religious freedom:

• Maintenance of the catholic clergy.
• Assistance in the religious "separate communities."
• Criminal protection of cults.
• Work of the religious.
• New forms of marriage

Module entrusted to Dr. Federica Botti

- Right to have worship buildings.
- Monograph part:

• Bioethics and ecclesiastical law
• Euthanasia and palliative care
• Euthanasia right of the person or unavailable right
• Proceduralisation and the exemption from punishment
• The religious denominations and euthanasia
• Euthanasia in Netherlands, Australia, Belgium, Switzerland and Italian legislation about support administration

Readings/Bibliography

The program for Erasmus students is the same as that for Italian students, excluding any adjustments agreed with the teacher. The following textbook are recommended to everybody: G. Casuscelli, Notions of Ecclesiastical Law, Turin, Giappichelli, 2012, excuding pages 231-282.

Monographic part: F.Botti, Essays on euthanasia, Turin, Giappichelli, 2011.

For not attending students, including not attending Erasmus students

 The oral examination will focus on the whole program. The monographic section is mandatory for everyone, even for Erasmus students

About the program related to the integration of one or more credits and the suitability: Instructions related to the program carried out at the Universities of origin and related informations will be provided to students during the student reception.

Teaching methods

Classes will be held in the first semester, so those who get the attendance certification, are able to take the exam in the month of January.
Please note that the exam can be taken only after passing Constitutional Law and Private Law examinations, without any exception.
Students who attend classes can take advantage of the blog of ecclesiastical law to improve their writing skills and learn about the education to the discussion. In addition, students which attended the 70% of the lessons, could sustain a partial written test verification (ref.: article 12, paragraph 3 of the Academic Regulations of the Faculty) in the early December, which will focus on the institutional part of the course and the monographic part.
For those attending the oral exam, at the end of the course will focus only on the remaining part of the program carried out during the course.

THESIS AWARD

The title of the thesis will be assigned to the student before sustaining the 2 last exams at the end of the course. The assiduous attendance would represent an advantage for the allocation of the thesis. The knowledge of foreign languages is appreciated. Every first Monday of the month, excluding the month of August, there will be a lesson for graduands during which we will explain the thesis preparation's methods. The lecture will take place in Palazzo Malvezzi, beginning at 15.00. In January, the lesson will take place on the first Monday after the end of the Christmas holidays.
Attendance is mandatory and propaedeutics to the thesis request. The title of the thesis is agreed with the candidate during his allocation, based on the available topics.
The student must present the curriculum in order to have knowledge of the study plan and to identify the areas where its preparation is greater. The professor reserves the right to submit to an interview having as its object the essential lines of the subject students who have taken the exam for more than two years after the beginning of the thesis work, by a vote of less than 28. Students assigned a thesis must participate in mandatory cultural initiatives organized throughout the year with the help of scholars, including foreigners. The dates will be announced. During the lesson there will be provided indications about the structure of the library, the methods of literature search, how toaccess to media (cdrom, searching online databases, computer catalog of the University of Bologna, etc..). The Professor will provide, the notions of logical decomposition of the text and on the job card. Please note that, thanks to the library staff and in agreement with the teaching post of ecclesiastical law, guided tours of the library are arranged every month. The tour participants will receive a certificate. For graduands students of ecclesiastical law, the tour and the possession of the related certificate are mandatory.
For students grantee of a thesis in Ecclesiastical Law, the teacher has prepared a guide entitled: Guidelines for undergraduates of Ecclesiastical Law.

In order to identify topics to be proposed to the teacher during the preparation of the thesis, is essential to consult those sites belonging to the Co.I.S. consortium. Between them, pay particular attention to Licodu.

Assessment methods

Students attending are allowed to sustain a partial first written test at the end of the course which will be focused on two questions that should be answered within 3 hours, using computers provided by the university. An oral examination will follow, based on subjects excluded by the written test. The marks obtained will contribute to the average degree.
Student that doesn't want to sustain the written test or that are unsatisfied by the score obtained in the written exam, can take the full oral exam, fucused on the entire program at any appeal.
Tests won't be sustained outside the appeals. Exams that should be subsequently transcribed, won't be anticipated.

Teaching tools

Blog, Slide in Power Point format, Videoprojector , PC, lightboard, e-learning modules, etc..

We recommend to all the students - even the non-attending ones - to use the slides and materials provided by the Blog and on the teacher's personal site.

Office hours

See the website of Giovanni Cimbalo

See the website of Federica Botti