Fifty years after the conference in which Law and Religion Scholars held a dialogue with Constitutional Scholars in Siena, central issues of that discussion are recalled, and those of a future debate are envisaged, with the hope that both disciplines might benefit from it.
Fifty years after the conference in which Law and Religion Scholars held a dialogue with Constitutional Scholars in Siena, central issues of that discussion are recalled, and those of a future debate are envisaged, with the hope that both disciplines might benefit from it.
SOMMARIO - 1. L’ente ecclesiastico: una figura soggettiva complessa - 2. Il diritto speciale nella disciplina dell’ente ecclesiastico - 3. La specialità derivante dal carattere bilaterale della normativa sugli enti: il caso emblematico della responsabilità amministrativa derivante da reato - 4. L’espansione del diritto comune nella disciplina dell’ente ecclesiastico - 5. La specialità di regime degli enti ecclesiastici nell’evoluzione dell’ordinamento - 6. Diritto speciale e diritto comune nella riforma del Terzo settore.
Ecclesiastical bodies between special rules and general law
ABSTRACT: This contribution examines the relationship between special law rules of a treaty nature and general law in the Italian discipline of civilly recognized ecclesiastical bodies, in particular those of the Catholic Church, which still represents most part of these entities. This aspect is examined with respect to the latest regulatory evolution, in particular the reform of the Third sector, which tends to confirm the duplicity of regime of ecclesiastical bodies. It also highlights the growing attention and protection of the normative peculiarities of this category of legal entities by the State legislator.
SOMMARIO: 1. Introduzione: tre domande sulla difficile costruzione di una società pluralista. Dalla Costituente ai fatidici anni ’70 - 2. La fase applicativa delle norme costituzionali in materia di libertà religiosa: fra tentennamenti politici, violazioni della legalità costituzionale e complessità sociale - 3. La “governance” nelle relazioni tra sfera pubblica e fenomeno religioso - 4. Il “cantiere Europa”: le possibilità di una democrazia (in crisi) - 5. Conclusioni.
It ought to be necessary a new Italian governance for religious freedom
ABSTRACT: This work highlights, in a descriptive fashion, some of the critical aspects of the relationships between the State and religious groups in Italy. Concrete legal policy proposals are suggested, within the applicable constitutional framework, taking into account the changed social, cultural and religious context of the country.
SOMMARIO: 1. Premessa - 2. Il caso del Montenegro: identità nazionale e identità religiosa - 3. La costruzione di un’identità nazionale - 4. Prodromi di un divorzio annunciato - 5. Personalità giuridica delle Chiese e patrimonio religioso - 6. Beni culturali contesi - 7. Verso una risoluzione dei contrasti con la Chiesa ortodossa serba? - 8. Patrimonio culturale montenegrino e ruolo delle organizzazioni internazionali - 9. Conclusioni.
Religious freedom, cultural heritage and identity: the case of Montenegro
ABSTRACT: With the dissolution of the former Yugoslavia, the Balkan populations found themselves having to face the necessity of replacing their common Slavic origins with national identities that found a solid point of reference in religion. The cultural heritage, at first common thanks to Tito's unifying work, became again the heritage of the single nationalities and the object of ethnic-local identity claims. In this situation, the anchorage to cultural heritage and the particular care taken by governments to claim its management and control, become instruments of identity whose effects inevitably reverberate on the delicate balance between the religious communities present in the different territories. The case of Montenegro shows the complicated relationship between the protection of cultural heritage, national identities and religious belonging to the different components of Orthodoxy, each of which claims exclusive and unique ownership over their respective territories, thus contributing to rewrite the contents of cultural heritage, reducing it to an increasingly local dimension. Thanks to the work of international organizations such as UNESCO with "its" world heritage and the Council of Europe, which is working to promote diversity and dialogue in the field of cultural heritage, this regains its dignity, respecting the citizens' feelings and their quality of life.
SOMMARIO: 1. Premessa generale: il quadro normativo di riferimento - 2. Un’intesa particolare - 3. La certificazione dell’idoneità diocesana - 4. La riserva dei posti messi a bando - 5. Il programma d’esame - 6. La composizione delle commissioni giudicatrici - 7. Conclusioni.
A particular agreement: procedural elements not agreed upon next contest for teachers of the Catholic religion
ABSTRACT: This paper aims to examine the agreement signed on December 14, 2020 between the Minister of Education and the President of the Italian Bishops’ as an act prior to a contest for teachers of the Catholic religion. In light of the previous agreements and some specific studies, the author attempts to highlight how some elements of State competence have merged into a procedural act, wondering if this represents an overrun of the respective prerogatives.
SOMMAIRE: 1. Introduction: paradigmes de relations et droit à la liberté religieuse, de l’identité à la tension - 2. Des paradigmes des relations État-Églises au droit à la liberté religieuse - 3. La force attractive des paradigmes dans le scénario européen contemporain - 4. Les paradigmes des relations État-Églises dans la nouvelle arène internationale - 5. Conclusion: une citoyenneté inachevée.
The “European Right” to Religious Freedom and Paradigms of State-Religion Relations in Contemporary Europe: a thorny cacophony
ABSTRACT: The article examines the dialectic between European national models of religious freedom and the paradigm of religious freedom shaped in the international order and in particular by the human rights discourse. The analysis of the relationship between the modern - national-centered - and the contemporary - individual-centered - paradigm of religious freedom reveals, on the one hand, the difficult but inevitable osmosis between legal systems in a multilevel system of rights protection and, on the other hand, the deep transformation of religious freedom in contemporary Europe.
SOMMARIO: 1. Introduzione - 2. La confessione dei Testimoni di Geova e il nodo dei principi religiosi tra politica e diritto - 3. Il nodo dell’intesa. Le tappe del negoziato - 4. L’impasse e le difficili vie d’uscita.
On the State-Christian Congregation of Jehovah's Witnesses agreement
ABSTRACT: To date, the State-Christian Congregation of Jehovah's Witnesses agreement is waiting to complete the procedure within the meaning of article 8, paragraph 3, of the Italian Constitution. The latest statements by the government refer to the need for further information on health matters, evoking the issue of refusal of blood transfusion treatments. On a legal level, there are difficulties in overcoming the impasse in which the agreement is, also because there isn't a legislative discipline of the procedure prefigured in the article 8 of the Constitution; furthermore the statements made in 2016 by the Constitutional Court on the political nature of the government's choices regarding the agreements can be an obstacle. The paper deals with these points, also taking into account the application to the ECHR presented by the Christian Congregation of Jehovah's Witnesses against the Italian Republic.
SOMMARIO: 1. Premessa - 2. L’etica del lavoro - 3. I simboli identitari - 4. Il gurdwara come risorsa sociale - 5. Il kirpan - 6. Il valore di un riconoscimento.
Sikhs, Calvinists in the Po Valley
ABSTRACT: Sikhs are an important component of the New Religious Pluralism (NRP) that, especially due to the migratory flows of last decades, we record in Italy today. Many Sikh workers are employed in the dairy farming sector and, at least in the North of the country, they appear to be well integrated. This process has been facilitated by strict work ethics grounded in their theology. Nevertheless, to date the Sikh community has not been legally recognized as a religious body. Efforts by Sikh representatives to adopt a kirpan (ritual dagger) compatible with Italian law have not produced the desired results. However, there is still an urgent need for legal recognition of a faith community that has achieved important and successful integration processes in just a few decades.
SOMMARIO: 1. Premessa - 2. Il complesso mondo protestante in Italia - 3. Come pensano le istituzioni - 4. Conclusione.
The new Evangelical and Pentecostal Churches in Italy, homeless, exposed to reasonable discrimination
ABSTRACT: The religious geography in Italy is changing. It is not only Islam, and the growth of the parishes of the various Orthodox Churches, that makes the religious panorama more lively. The spread of many and different Evangelical and Pentecostal Churches represent a sign of renewed vitality for the historical minority Churches that refer to the Reformation present for a long time. These new Churches have been able to rely on the hospitality offered by the various Protestant Churches. Another part, perhaps the most substantial, had to wander from one place to another, more or less precarious or resulting, to be able to offer their faithful a religious service worthy of the name. The article focuses on these homeless Churches exposed to the double contingency of being, on the one hand, more easily the target of reasonable discrimination by Regions and local authorities and, for another, without sufficient voice of the many small communities of believers. The public institutions continue to represent the socio-religious reality following the Ptolemaic scheme that considers the existence of a majority religion, Catholicism, versus small religious minorities, without asking whether this perspective can manage the diversity of increasing religious diversities.