Lautsi v. Italy: English Translations of Italian Trial and Appellate Decisions

24 Pages Posted: 30 Nov 2013

See all articles by Frederick Mark Gedicks

Frederick Mark Gedicks

Brigham Young University - J. Reuben Clark Law School

Pasquale Annicchino

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS); University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: November 17, 2013

Abstract

Lautsi & Others v. Italy, App. No. 30814/06 (Eur. Ct. Hum. Rts. - Mar. 18, 2011).

What follows are English translations of the administrative trial and administrative appellate court decisions in Lautsi and Others v. Italy, the case in which the European Court of Human Rights upheld the decision of the Italian government to post crucifixes (but not other religious symbols) in the classrooms of Italian public elementary and middle schools.

The administrative trial court decision, Sentenza N. 1110/2005, Ric. N. 2007/02 (Tribunale Amministrativo Regionale Veneto - Sezione III Mar. 17, 2005), concluded that the crucifix is properly posted in public school classrooms because it symbolizes Christianity in general (and not just the Roman Catholic Church), as well as the Christian roots of Italian liberal democracy and culture.

The administrative appellate court decision, Decision No. 7314, Reg. Ric. No. 556/06 (Consiglio di Stato Feb. 13, 2006), adopted a version of the second of the meanings imputed by the trial court to the crucifix, concluding that it is properly posted in public schools because it represents the “religious origin of the values of tolerance, mutual respect, regard for the individual, the affirmation of his or her rights and regard for his or her liberty, freedom of conscience against authority, human solidarity, prohibition of every discrimination, all of which characterize the Italian civic order.”

Neither decision has been previously translated in English.

Keywords: crucifix, European Court of Human Rights, Italy, Italian decisions, laicita, Lautsi, neutrality, religious symbols, secularism

Suggested Citation

Gedicks, Frederick Mark and Annicchino, Pasquale, Lautsi v. Italy: English Translations of Italian Trial and Appellate Decisions (November 17, 2013). Available at SSRN: https://ssrn.com/abstract=2361188 or http://dx.doi.org/10.2139/ssrn.2361188

Frederick Mark Gedicks (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

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Pasquale Annicchino

European University Institute - Robert Schuman Centre for Advanced Studies (RSCAS) ( email )

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University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

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Berkeley, CA 94720-7200
United States

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