Dalla bilateralità pattizia alla bilateralità amministrativa

• Autores: Francesco Alicino
• Localización: Quaderni di diritto e política ecclesiastica, ISSN 1122-0392, Vol. 31, Nº 1, 2023, págs. 157-176
• Idioma: italiano
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• Resumen

  • In Italy, secularism is one of the supreme principles (principi supremi) of the state legal system. While recognizing that all persons are equal before the law and entitled to freely profess religious belief. Conversely, it confers a special legal status to religious denominations, whilst still maintaining the equidistant and impartial relationship between the state and each religion. More specifically, while acknowledging the state’s impartiality and neutrality, Italy’s secularism combines favor libertatis (Articles 2, 3 and 19 Constitution) with favor religionis (Articles 7, 8 and 20 Constitution), which both recognize all persons, all religious groups and nonreligious beliefs as equal and equally free before the law and entitles them to freely profess, practice and propagate religions and nonreligious beliefs in any form, individually or with others, in private and in public. The fact is that this combination does not always result in harmonious coexistence. One of the obstacles to this aim has resulted from the implementation of bilateral church–state relations, as stated in Articles 7.2 and 8.3 of the Constitution; what typically refer to as bilateralism method. In this way, other forms of administrative bilateralism have developed over the years. This article analyzes them, describing the advantages and disadvantages