Nr. 2/2024Civil Jurisprudence and Legislation
Nr. 2/2024Civil Jurisprudence and Legislation
- Presentation
- Council of State, Fith Section, judgment 12 July 2024, no. 6264
(Property recognised as being of historical, archaeological and artistic interest - undistint belonging to State property/”demanio” pursuant to Articles 822 and 824 of the Civil Code – listed complex comprising ecclesiastical buildings - belonging to the so called“demanio accidentale”).
- Puglia Regional Administrative Tribunal, Third Section of Bari, judgment 19 July 2024, no. 878
(Private chapels – Obligation of the Municipality to supervise their use)
- Marche Regional AdministrativeTribunale Amministrativo Regionale per le Marche, Sez. II di Ancona, judgment 10 ottobre 2024, no. 793
(Religious education teacher - Composition of the class council - Even number of members - Prevalence of the Director's vote, and not that of the religious education teacher, in the event of a tie)
- Latium Regional Administrative Tribunal, Firth Section Excpert of Roma, judgment 15 October 2024, no. 17818
(Establishment of religious association between soldiers - Prior consent from the Ministry of Defense - Legitimate)
- Calabria Regional Administrative Tribunal, Second Section of Catanzaro, judgment 2 December 2024, no. 1699
(Eligibility for teaching Catholic religion - Revocation of eligibility - Appeal - lack of jurisdiction of the Administrative Court)
annoted by Paolo Palumbo, The revocation of eligibility to teach the Catholic religion. The TAR addresses (and resolves) the question of competent jurisdiction
- Council of State, Third Section, judgment 9 December 2024, no. 9823
(Islamic cultural associations - religious buildings - change of use of the property - absence of an aggravation of the urban planning burden)
- Council of State, Second Section, judgement of 18 March 2024, no. 2567
(Religious symbols in public buildings - Contingent and urgent union order for the posting of the crucifix - Illegitimacy due to lack of attribution)
annoted by Marco Croce, Mayor's ordinance power and institutional display of the crucifix. Does the Council of State follow the Court of Cassation?