Contenuti per la categoria: Intese e altri accordi

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.

SOMMARIO: 1. Un contrasto “accademico” - 2. Sulla possibilità di porre restrizioni all’effettivo esercizio delle libertà democratiche garantite dalla Costituzione: condizioni e limiti - 3. La necessità del ricorso al principio e al test di proporzionalità - 4. L’occasione mancata di un proficuo confronto - 5. Gli effetti secondari (ma non troppo) della pandemia: “fratture” e “passaggi” - 6. Alla declinante bilateralità in senso stretto si affianca la concertazione in ascesa: prospettive e vuoti – 7. I rischi della bilateralità “diffusa” – 8. Un cenno finale.

The "secondary” (yet not unimportant) effects of the pandemic on the Italian law and religion and its sources.

The author explains the reasons why the limitations of freedom of worship have been an issue of secondary interest to him during the pandemic. He stresses how the topic should be examined indipendently, as the limitations have affected all the democratic freedoms. The pandemic has made it clear that religious freedom cannot be considered as a “special right”. As other foundamental rights, this should also be subject to reasonable accommodation. The pandemic has also allowed the scholars to consider using new types of administrative arrangements to replace the “classic” agreements between the State and the religious organisations (“concordati” and “intese”).

SOMMARIO: 1. La bilateralità “necessaria” e i suoi limiti - 2. Le intese apicali e il generale regime di libertà religiosa - 3. Le intese paraconcordatarie e la delegificazione - 4. La bilateralità “diffusa” e le intese ulteriori - 5. Le differenti bilateralità: una questione di metodo?

The "new agreements" State - religious denominations between necessary bilateralism and broad bilateralism

ABSTRACT: The paper analyzes the system of sources of Italian ecclesiastical law in its two pillars of agreed rules and unilateral rules. The former are necessarily the result of an agreement between different legal systems because they govern the specific relations between the State and individual religious denominations, that is, between sovereign and autonomous entities in their respective orders. The unilateral rules, on the other hand, fall under State jurisdiction because they aim to regulate rights and procedures relating to the generic freedom of conscience of believers, non-believers and other believers. Nevertheless, even in this second area, bilateralism between the State and ethical-religious groups is increasingly being practiced. However, this must not strictly condition State autonomy in the political order, but must aim to enhance the democratic tool of dialogue, as broad as possible, between institutions and intermediate bodies. The two forms of bilateralism (the necessary one and the broad one) are in fact structured within the processes which grant ethical-religious issues varied legal forms and give rise to different types of sources. It is essential that institutional practice does not artfully confuse the two described "bilateralisms", ending up surreptitiously managing all the heterogeneous and plural ethical-religious factor through a single, heavy and comfortable, bureaucratic method based on mere political discretionality.

SOMMARIO: 1. Cenni introduttivi - 2. Le limitazioni normative alle libertà personali - 3. Il dialogo e la collaborazione delle autorità statali con le autorità religiose e morali del Paese - 4. La libertà religiosa tra preparazione e prima attuazione della fase del cosiddetto deconfinamento - 5. La decisione del Conseil d’État e il successivo intervento governativo - 6. Il graduale ritorno alla “normalità”. Brevi conclusioni interlocutorie.

The French way to the restriction of freedoms and the dialogue with religions at the time of the coronavirus

ABSTRACT: The essay focuses on the French legal system at the time of the Coronavirus and the analysis of two different profiles, even if they are intimately related to each other. The first involves the analysis of the legal mechanisms through which the State has achieved the restriction of personal freedoms, including religious freedom. The second, instead, essentially concerns the analysis of the relations maintained, in this circumstance, by the State institutions, with the different religious groups and conversely.

SOMMARIO: 1. Premessa - 2. La cronaca: come sono nati i protocolli - 3. Un metodo laico.

The "Protocols for the resumption of religious ceremonies": the first signal of a new season in the Italian ecclesiastical politics

ABSTRACT: In Italy the religions have signed with the Government some protocols for the resumption of religious ceremonies after the lockdown for the Covid-19 emergency. Those protocols are an important step in the way of an effective protection of religious freedom in a pluralistic society. The protocols inaugurate a new season in the relationships between the religions and the state in Italy.

SOMMARIO: 1. Premessa - 2. Il profilo soggettivo: la confessione Chiesa d’Inghilterra - 3. I contenuti: un’analisi genealogica - 4. (segue) la carenza di specificità - 5. Spunti conclusivi.

The Agreement between the Italian State and the Church of England. A Genealogy

ABSTRACT: On 30 July 2019, the Church of England signed an Agreement with the Italian State pursuant to art. 8, last paragraph, of the Italian Constitution. The Agreement is the first following Sentence no. 52 of 2016 by the Italian Constitutional Court, a judgement which was highly criticized by the doctrine as it gave too few attentions to concrete problems which affect minority denominations. As expected, the Agreement presents the same flaws of the previous ones to which is actually similar. More precisely, it seems to borrow entire articles from them, simply making systematic adjustments of the provisions. For these reasons, it seems possible to make ‘a genealogy’ of it in order to detect the juridical roots of its content and, therefore, a sort of evolution in the process of standardization. The operation seems to reveal a progressive loss of relevance of the negotiations on content, as the sole purpose of the Agreements seems to be to grant to denominational parties the set of privileges consolidated over time.

SOMMARIO: 1. Premessa - 2. I pezzi si muovono sulla scacchiera - 3. Azioni e reazioni (cenni) - 4. La libertà religiosa non è a rischio: il problema sta altrove - 5. “Predicare bene e razzolare male” - 6. Un protocollo ti salva la vita - 7. Un passo avanti … e due indietro - Appendice.

Short remarks on the governance of religious practices between egalitarian requests and complaisant solutions

ABSTRACT: In Italy, in the context of the Covid-19 emergency, issues concerning the governance of religious practices have emerged and have been faced by different religious groups. In this contribution political and legal distortions are analyzed in the context of the non-coherent (according to the author) reading of the constitutional framework by the Italian government.

SOMMARIO: 1 - Introduzione - 2. Il quadro pluralistico dell’ebraismo diasporico e delle sue organizzazioni - 3. Peculiarità dell’organizzazione dell’ebraismo italiano - 4. Pluralismo interno e tensioni nel contesto unitario delle Comunità - 5. Le origini storiche del peculiare assetto organizzativo dell’ebraismo italiano: l’assenza del movimento riformato in Italia e la normativa statualistica del 1930-31 - 6. La struttura unitaria e l’adesione delle Comunità all’ortodossia nello Statuto e nell’Intesa - 7. Conclusioni: la necessaria conciliazione tra pluralismo e unitarietà tra le varie anime dell’ebraismo italiano.

The Union of Italian Jewish Communities between adherence to Orthodox Judaism and representation of all Jew in Italy: Is the constitutional Agreement of 1987 with the Italian State still adequate?

ABSTRACT: Relations between Italian Judaism and the Italian State are governed legally by the Agreement (“Intesa”) concluded in 1987 pursuant to Article 8 of the Italian Constitution, enforced by Law No. 101 of 1989.The organization of the Italian Jewish communities and their central “Union” is governed by the By-Laws (“Statuto”) adopted by them at that time, which reflect the Intesa. In conformity also with the tradition of Italian Judaism local communities take care of all Jewish activities, religious, social or educational, and the Unione officially represents all Jews and Jewish groups. Since 1987 however, there has been an explosion of various Jewish groups and denominations in Italy, from the Lubavitch to Reformed groups, which organize themselves autonomously. These groups considers themselves part of Italian Judaism and recognize more or less the central role of the local communities and Unione. However they increasingly ask a say in the latter management.. The issue discussed in the paper is whether the unitary structure of Italian Judaism, as enshrined in Intesa and recognized by Italian public authorities, is still adequate to cope with this evolution, and whether a plurality of independent Jewish organizations, separately recognized by Italian authorities would be compatible with Article 8 of the Constitution and preferable in practice.

SOMMARIO: 1. Parole e toni - 2. La bilateralità dimenticata - 3. L’art. 14 dell’Accordo di Villa Madama preso sul serio - 4. L’uomo non è un’idea.

SOMMARIO: 1. La decretazione senza legge sul coronavirus - 2. Le disposizioni sulla libertà di culto - 3. Il limite della tutela della salute e l’inconferenza delle discipline pattizie - 4. Il bilanciamento delle specifiche misure - 5. Il rapporto laico tra Stato e confessioni religiose: un’icona.

The freedom of worship in coronavirus times

ABSTRACT: The state of emergency by coronavirus drove the italian government to legislate by means of decrees without law, that provided strong limits to constitutional rights as, among others, the freedom of worship. Particularly they banned masses coram populo in the churches and on occasion of funeral service in order to safeguard the health care. This paper aims to demonstrate that the Concordat beetween State and Church, well as the accords with other fellowships,  is another matter with regard to a higher collective interest, constitutionally protected, like the halth care. The paper points out, moreover, how the adopted measures are reasonable and proportionate and, finally, the new leadership, respecting the secular order, held in this aspect by the italian Church, following the prints of pope Francis.