Checking date: 18/05/2022


Course: 2022/2023

Law and religion in Europe
(13611)
Study: Bachelor in Law (206)


Coordinating teacher: MOTILLA DE LA CALLE, AGUSTIN

Department assigned to the subject: Department of International Law, Ecclesiastical Law and Philosophy of Law

Type: Electives
ECTS Credits: 3.0 ECTS

Course:
Semester:




Requirements (Subjects that are assumed to be known)
No requirements are necessary.
Objectives
-Knowledge about Church and State relationships in European Union countries -Constitutional and legal protection on ideological and religious liberties -European Union Law about freedom of ideology and religion and Church and State relationships -Legal regulation about matrimony, Religious teaching, Religious chaplaincy, legal status of Religious denominations, etc. -Special concern about the adaptation of Islamic communitties to European values; Family Law, freedom of worship, sexual discrimination, etc. -Freedom of ideology and religion in the Council of Europe. -Case-laws about articles 9 and 14 of the European Convention of the European Court of Human Rights.
Description of contents: programme
Topic 1. Church and State relationships models in European Union countries. Sects and cults legal requirements. Topic 2. Constitutional and legal protection on ideological and religious liberties Topic 3. European Union Law about freedom of ideology and religion and Church and State relationships Topic 4. Legal regulation about matrimony, Religious teaching, Religious chaplaincy, legal status of Religious denominations, etc. Topic 5. Freedom of ideology and religion in the Council of Europe. Topic 6. Legislation directly and indirectly adopted to tackle radicalization and extremism. Topic 6. Religious symbology: Islamic headscarf at school and in labour relationships. Topic 6. Case-law about articles 9 and 14 of the European Convention of the European Court of Human Rights. EUROPEAN COURT OF HUMAN RIGHTS DECISIONS: - Freedom of thought, conscience and religión: KOKKINAKIS v. GREECE (Freedom to express beliefs, convictions, ideas or opinions) BUSCARINI AND OTHERS v. SAN MARINO (Oath to be taken by members of the parliament) CHAARE SHALOM VE TSEDEK V. FRANCE (Religious beliefs and food) KLEIN V. SLOVAKIA (Freedom of expression against religious leaders) - Equality and non-discrimination on religious or ideological reasons ShERIF V. GREECE (Separation between civil and religious affairs) HOFFMANN V. AUSTRIA (Right to found a family) MASAEV V. MOLDOVA (civil existence of religious groups) RELIGIONSGEMEINSCHAFT DER ZEUGEN JEHOVAS V. AUSTRIA (religious State neutrality) - Public Schools and Freedom of thought, conscience and religion KJELDSEN, BUSK MADSEN Y PEDERSEN V. DENMARK (Conscientious Objection and Compulsory Education) HASAN Y EYLEM ZENGIN V. TURKEY (religious instruction in public schools) FOLGERO V. NORWAY (religious instruction in public schools) LEYLA ÇAHIN V. TURKEY (religious personal symbols and education) LAUTSI V. ITALY (religious symbols and education)
Learning activities and methodology
The course implies practical and theoretical knowledge. With regard to the teaching method, alongside the traditional theoretical seminars, a good deal of practice sessions shall take place (solution of real conflicts, individually or in groups, analysis of facts) that will let the student apply the knowledge acquired to the problems that he might face in his professional life
Assessment System
  • % end-of-term-examination 60
  • % of continuous assessment (assigments, laboratory, practicals...) 40
Basic Bibliography
  • A. MOTILLA. Security and Religious Radicalization. Securization of Islam in Europe. . ¿Stato, Chiese e pluralismo confessionale¿, (www.statoechiese.it). . enero 2018
  • C. EVANS. Freedom of religion under the European Convention of Human Rights. Oxford U. P.. 2001
  • M. D. EVANS. Religious liberty and international Law in Europe. Cambridge U. P.. 1997
  • N. DOE. Law and Religion in Europe. A Comparative Introduction. Oxford University Press. 2011
  • P. M. TAYLOR. Freedom of Religion. UN and European Human Rights Law and Practice. Cambridge U. P.. 2005
Additional Bibliography
  • AA.VV.. La jurisprudencia del Tribunal Europeo de Derechos Humanos en torno a la libertad religiosa en el ámbito laboral (coord.. A. Motilla). Editorial Comares.. Granada 2016
  • B. BASDEVANT-S. BERLINGÓ. The Financing of Religious Cmmunities in the European Union. Peeters. 2009
  • B. SCHANDA (ed.). The Mutual Roles of Religion and State in Europe. European Consortium for Church and State Research. 2014
  • G. ROBBERS (ed.). Religion in Public Education. European Consortium for Church and State Research. 2011
  • J. FERREIRO. Islam and State in the European Union. Peter Lang. 2011
  • M. HILL (ed.). Religion and Discrimination Law in the European Union. European Consortium for Church and State Research. 2012
  • M. RODRIGUEZ BLANCO (ed.). Law and Religion in the Workplace. Comares. 2016
  • R. MAZZOLA. Diritto e Religione in Europa. Rapporto sulla giurisprudenza della Corte Europea dei dirritti dell´uomo in materia di libertá religiosa. Il Mulino. 2012

The course syllabus may change due academic events or other reasons.