Nr. 1-2022PAOLO PALUMBO, RAFFAELE SANTORO, FRANCESCO SORVILLO The Alternative Dispute Resolution between civil and religious systems
Nr. 1-2022MARIA D’ARIENZO Musical language as a metaphor for the relationship between law and human rights. Reflections seventy years from “Man and the State” by Jacques Maritain
ABSTRACT
The Lombardy Regional Administrative Tribunal’s decision no. 1269/2020 highlights the interrelationship between the right to a place of worship and the urban planning power of the competent administrative authorities. The regulation of public space must take into account the relevance of religious interests in the territory, in order to avoid that abstractly invocable urban planning requirements result in undue interference with constitutional freedoms, including freedom of worship. The rationale of article 52, paragraph 3-bis, of Regional Law no. 12/2005 is in fact closely linked to the actual increase in the urban load that may result from new uses, aimed precisely at building places of worship. Hence the need for the local administration to ascertain, at an earlier stage, whether these places and structures suitable for accommodating a multitude of people comply with town planning canons. In this process, with a view to balancing the interests of the parties, it is desirable to have a preliminary consultation process based on direct comparison and capable of hypothesising the most appropriate solutions, both in the event of the construction of new places of worship and in the event of a change in use.
KEY WORDS
Lombardy Regional Law no. 12 of 2005, religious freedom, religious buildings, ius aedificandi