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Italian Constitutional Court (Corte costituzionale italiana), No. 28/1982, 22 January 1982

Date
22/01/1982
Type Judgment
Case number 28/1982

Abstract

The use of the mother tongue by those who belong to a recognised linguistic minority cannot be sanctioned in any way. Protection of linguistic pluralism.

Normative references

Art. 3, art. 6 Italian Constitution
Art. 3 Statute of the Friuli-Venezia Giulia region

Ruling

Articles 3 and 6 of the Italian Constitution and art. 3 of the St. spec. Reg. Friuli Venezia Giulia does not guarantee specific protection for members of a linguistic minority given their directive nature and deferred application. However, in the light of the legislation in force, the Slovenian community based in the Trieste area is qualified as a "recognised minority", and this allows to give full effect to the parameter rules (referred to above). It follows that the use of the mother tongue by those who belong to the Slovenian minority cannot be sanctioned in any way (least of all criminally) even where the use of that language is used in relations with local judicial authorities. Therefore, there is no validity in the question of constitutional legitimacy of art. 137 c.p.p. with reference to the aforementioned constitutional parameter.