Contributi di Angela Patrizia Tavani

SOMMARIO: 1. La posizione del Presidente della Repubblica Giorgio Napolitano - 2. Laicismo e anticlericalismo - 3. Un’auspicabile prospettiva circa la laicità.

ABSTRACT: An event that has sparked discussions on neutrality and assumed centrality in the debate on the public dimension of the religious factor is related to the non-participation of Benedict XVI at the inauguration of the academic year at the University of Rome "La Sapienza", scheduled for January 17, 2008. In its judgment no. 203/1989, the Constitutional Court stated that neutrality "does not imply indifference to religion but the state guarantee for the protection of freedom of religion, under the religious and cultural pluralism." The debate on the issue of the University "La Sapienza" has fueled confusion about the meaning of the word to make the invisible boundary between neutrality, laicism and anti-clericalism. Decisive contribution to the construction of some carefully sentinels, among which there are those who have authoritatively explained that neutrality is to be understood: "... not as an attitude of estrangement, indifference or hostility of the state and its elites, with respect to the religious consciousness of the people, under the confessional pluralism, atheism is not excluded, but the protection of the equal freedom of all faiths (...) The true neutrality and the true faith are made to compete fairly in the conduct man to the full meaning of the days that are given to live".

SOMMARIO: 1. Premessa - 2. L’ente religioso imprenditore - 3. Rinnovata centralità di “frate sole” nel III millennio: le parrocchie e il fotovoltaico - 4. Il Magistero della Chiesa cattolica in tema di salvaguardia dell’ambiente - 5. Considerazioni conclusive.

"Brother Sun" and photovoltaic. The role of the parish and the environmental protection between State regulations and the Magisterium of the Catholic Church

The establishment of a social enterprise for the production and sale of electricity through the creation of a photovoltaic system by imposing some parishes of Mantua shows that there is no conflict between the specific nature of ecclesiastical entity and the exercise by this socially useful economic activity, because the economic activity in order to provide the capital resources required to achieve the purpose of religion or belief, does not change the nature of ecclesiastical entity, because it does not absorb or blur the religious or of worship but rather reinforces the essence, as related and instrumental to this The invitation to promote renewable energy to protect the environment, has been the subject of interventions at various levels by both the Italian state and by the European Community, also Magisterium of the Catholic Church has often called for a real ecological conversion and an ecumenical commitment to that effect Associated Parishes are an example of civil economy, characterized by human sociality and reciprocity, as opposed to a utilitarian vision of the market based on the logic of exchange of equivalents.
 

SOMMARIO: 1. Natura giuridica e requisiti normativi delle Onlus - 2. Le Onlus parziali: gli enti religiosi destinatari della normativa di favore - 3. L’esclusione degli enti religiosi delle confessioni non convenzionate con lo Stato - 4. Le deroghe riservate agli enti ecclesiastici.

Reconstructive Review of legislation on non-profit organization of religious inspiration

Article 10 of Legislative Decree No 460/97 sets out the criteria for the classification of non-profit organization providing for the respect of both objective and subjective elements. They are autonomous and distinct category relevant only for tax purposes. The Legislative Decree no. 460/97 newly introduced tax legislation concerning non-profit organization, to which are assimilated some of the religious institutions agreements with the state, limited to the conduct of activities related to the "Third sector". Excluded from the rules pertaining to special religious bodies denominations without agreement with the State which may take place if the status of a non-profit organization, however, limited to, the activities of social significance, subject to compliance with other requirements for non-profit organization toutcourt. Among the most significant fiscal benefits for the religious institutions become significant no commercialization of institutional activities carried out for purposes of social solidarity and the promotion of donations to the non-profit organization, working in solidarity with purpose areas specified by the decree. The tax relief provided by the state legislature based on those already introduced by the international agreement that must be intertwined with those of Legislative Decree No 460/97.

SOMMARIO: 1. Premessa - 2. La vicenda storico-giuridica dell’Ente ecclesiastico Ospedale “Miulli” e l’attività svolta dal ramo Onlus Colonia Hanseniana - 3. Attuazione del principio di conformità confessionale e adeguamento alla prassi vigente in materia di Onlus.

ABSTRACT: The Law no. 6972/1890 transformed charities in public institutions of charity, then IPAB, no longer the prerogative of the Catholic charity. Fascism took shape a public system of social protection, then inherited by the state Republican. With regard to the development of non-profit sector are important rule no. 2 Cost. and the Law no. 266/1991, Law no. 381/1991, Legislative Decree no. 460/1997 and Legislative Decree no. 155/2006. With regard to Apulian reality is important Onlus Hospital’s Miulli in Acquaviva delle Fonti, civilly recognized ecclesiastical body, which carries out hospital and manages, through its own branch of non-profit organization, the activities of social and health care of lepers. We must remember the bishop's decree of establishing the non-profit organization on January 15, 1998, and additional regulation adopted by the next bishop's decree of October 31, 2003. Both Episcopal decrees are a tangible example of modern ecclesiastical standards, evidence of the Catholic Church's ability to use tools designed by the legislature to carry out charitable activities, in terms of collaboration with the State.

SOMMARIO: 1. Premessa - 2. La Commissione Teologica Internazionale e il Magistero Pontificio - 3. Importanza delle Allocuzioni di Giovanni Paolo II - 4. Collocazione sistematica dell’esclusione della dignità sacramentale - 5. La prova della esclusione della dignità sacramentale - 6. Considerazioni conclusive.