With the 2016 decision (no. 52), the Italian Constitutional Court held that the refusal of the Government to begin the bilateral (State-confessions) negotiations for the conclusion of an agreement (as stated in Article 8, section 3, of the Italian Constitution) is a political act. As such, this act is not justiciable; it is not enforceable by any Court. So, this decision gives the Italian Government extensive powers of discretion, which are analysed by the author in this paper, especially in terms of religious freedom and the principle of equality, as stated in the same Italian Charter
La bilateralità pattizia Stato-confessioni dopo la sentenza n. 52/2016 della Corte costituzionale
ALICINO, FRANCESCO
2016-01-01
Abstract
With the 2016 decision (no. 52), the Italian Constitutional Court held that the refusal of the Government to begin the bilateral (State-confessions) negotiations for the conclusion of an agreement (as stated in Article 8, section 3, of the Italian Constitution) is a political act. As such, this act is not justiciable; it is not enforceable by any Court. So, this decision gives the Italian Government extensive powers of discretion, which are analysed by the author in this paper, especially in terms of religious freedom and the principle of equality, as stated in the same Italian CharterFile in questo prodotto:
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