Regioni e religioni: un bilancio e prospettive. Riflessioni costituzionali

The article develops constitutional reflections on the relationship between the Regions and faiths within the Italian constitutional system. It is demonstrated that the role played by the Regions in relation to that of the State has manifested two distinct and antithetical aspects: on the one hand, for five reasons action by the Regions has, in certain respects, been slow, limited, and at times even restrictive compared to that of the State; on the other hand, in other areas, action by the Regions has been more forward thinking and swift than the State. The text then examines the religious denominations with which the Regions have engaged, showing a preference for the Catholic Church and other historical religious minorities, while foreign immigration has exacerbated the gap in agreements with religious denominations other than the Catholic Church. This has led certain Regions to adopt regional legislative and administrative measures which, in attempting to fill these gaps, have resulted in limitations on religious freedom. Subsequently, the analysis considers the interactions between the Regions and State competences, including regional legislation and administration in the implementation of State legislative provisions, the regional substitution for delays and gaps in State legislation, the indirect regional impact on constitutional provisions concerning religious freedom, the equal freedom of religious denominations and the prohibition of special burdens on religious entities. A paradox is thus revealed: the objective differentiation arising from regional legislation (and even more so under differentiated regionalism) in the exercise of religious freedom, as well as in the equality and freedom of all religious denominations, contrasts with the substantial uniformity of the agreements’ content, which are intended to regulate objectively differentiated religious elements in a distinct manner. Finally, the article outlines future approaches: in order to prevent the inevitable regional differentiation from effectively undermining equality in respect of religious freedom, confessional autonomy and the equality in respect of the freedom of religious denominations, it is necessary to complete the system of bilateralism by concluding the outstanding agreements (including possible innovative subjects) and to enact two State laws, one regulating the procedure for negotiating agreements and the other establishing the essential levels of performance concerning civil and social rights, including those pertaining to religious matters.