L’esercizio pubblico del culto. Le preoccupazioni della Corte costituzionale nel suo ruolo di custode “tutelatrice” dei diritti fondamentali.

In judgment n. 63 of 2016 deals with the sensitive issue of the protection of religious freedom in relation to the exercise of the right to places of worship, including through a formal appeal to the contemporary ruling n. 52 of 2016. The role of guardian of fundamental values has pushed the judge to declare the law unconstitutional certain provisions contained in the law of the Lombardy Region by identifying the scope of action that will not cover the essential aspects of the life of the social community within the exclusive competence of the legislator, in turn bound to respect the constitutional principles such as equality, secularism and pluralism that recognize and promote the expansion of freedom of all; and, in this context, the freedom of religion. The reference to the supra-national law is to understand how the Court's ruling constitutes an important element in the incessant pad operates recognition of religion in a pluralistic and multi-level system of fundamental rights protection.