"A chiare lettere" - Transizioni. The Italian system of agreements governing relations between the State and religious denominations under scrutiny by the ECtHR: observations and critical insights

Abstract

This article examines a recent decision by the European Court of Human Rights which, acting on an application by the Christian Congregation of Jehovah’s Witnesses, ruled against Italy for violating Article 14 of the European Convention - read in conjunction with Article 9 - due to the State’s “prolonged inability” to approve an agreement with the applicant under Article 8, par. 3, of the Constitution. The analysis highlights the ruling’s significant analytical shortcomings and its flawed understanding of the relevant Italian constitutional framework, while emphasizing the distinctive features of the system of agreements in light of European case law and the pivotal role of Parliament in approving agreements with religious denominations.