Profili regionali della libertà religiosa

The legislative competence of the Italian Regions in matters of religious freedom are peacefully recognised by the doctrine, that has long spoken of a «regional ecclesiastical law». It is, however, limited by certain reservations in favour of the State exclusive legislative competence, provided for by Article 117 of the Italian Constitution, as amended in 2001. The first reservation concerns the «relations» with religious denominations. This imposes to investigate the content and boundaries of the «matter of the relations», which can potentially extend to most aspects of the right to religious freedom. Another reservation concerns «the basic levels» of benefits relating to civil and social entitlements to be guaranteed throughout the territory. These entitlements certainly include the right to religious freedom, the enjoyment of which shall be guaranteed in compliance with the principle of equality of citizens and equal freedom of religious denominations.