Italian Constitutional Court, No. 195/1993, 27 April 1993

Art. 1 of the Law of the Abruzzo Region no. 29/1988 is unconstitutional as far as it limits the access to the areas and contributions for the construction of worship facilities only to the Catholic Church and other religious denominations which have entered into an agreement with the State pursuant to art. 8, c. 3, of the Italian Constitution.

Artt. 2, 3, 7, 8, 19, 20, 117 of the Italian Constitution
Art. 1 of the Law of Abruzzo Region no. 29/1988

1. The construction of worship facilities has the effect of making it possible, and in any case facilitating, the activities of worship, which represent an expression of the fundamental and inviolable right of religious freedom, expressly set out in art. 19 of the Constitution. In this field, therefore, the activity of public authorities must conform to the supreme principle of secularism (“laicità”).

2. All religious denominations are suitable to represent the religious interests of their members. Having entered into the agreement provided for by art. 8, third paragraph, of the Constitution in order to specifically regulate relations with the State cannot therefore constitute an element of discrimination in the application of a discipline, set by a general law, aimed at facilitating the exercise of a right of freedom for all citizens (art.19).

3. If the admission to public benefits depends on the qualification of a social formation as a “religious denomination”, it is not enough for the applicant to self-qualify as such. The problem does not rise whenever there is an agreement with the State. In the absence of this, the nature of denomination may also result from previous public acknowledgments, from the statute that clearly expresses its characteristics, or in any case from common consideration.