Ancora sulla sentenza della Corte Costituzionale n. 52/2016

DI NICOLETTA PALAZZO

Abstract – This paper analyses the position of theistic, non-theistic, and atheistic convictions in Italy, focusing on the Union of Atheist and Rationalist Agnostics (UAAR). One of the main aims of the association is to overcome the discriminatory regime of the agreements between the State and religious bodies, ex Article 8, Paragraph 3 of the Italian Constitution, because this system conceived only to religious organization. At the end of the 1990s, the UAAR requested to start negotiations to reach a bilateral agreement to benefit from financial advantages. The decision of the Constitutional Court 52/2016 was the final point of the long process. The paper deepens many issues of this decision: the definition of religious entities, what kind of protection is recognized to non-belief, if there is a right to initiate the negotiation process for a stipulated agreement with the State. Lastly, the paper focuses on the crisis of the bilateral principle and possible solutions.

Keywords – UAAR, bilateral principle, religious agreements, religious organization, nonbelief, Italian Constitutional Court.

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