This introduction sets out the focus of the special issue Migrants’ Religious Freedom in a Multilevel Legal System: Challenges and Perspectives in the Italian Context, which examines some of the legal and institutional challenges migrants encounter in exercising their right to religious freedom. These challenges often stem from administrative inefficiencies, fragmented legal frameworks, and ...
Francesca Angelini, Department of Economics and Law, Sapienza University of Rome – Lucia Graziano, Department of Legal and Economic Studies, Sapienza University of Rome – Giorgia Marini, Department of Legal and Economic Studies, Sapienza University of Rome – Elisa Olivito, Department of Legal and Economic Studies, Sapienza University of Rome – Maria Irene Papa, Department of Legal and Economic Studies, Sapienza University of Rome
Starting from the reconstruction of whether a foreigner has the right to religious freedom, the article investigates administrative detention in Italy. It emphasises the multiplication of places for the reception of migrants and asylum seekers and their detention. Then, the focus shifts to the right to religious freedom of migrants detained in Centres of Permanence for the Repatriation (Centri di ...
Donatella Loprieno, Associate Professor of Public Law, University of Calabria, Department of Political and Social Science, Arcavacata di Rende (Cs), Italy
Nowadays, issues related to the protection of religious freedom are undoubtedly linked to the increasingly evident tensions between different components of modern multicultural societies – which is also emphasized by the steady increment of so-called “people with a migrant background”. In this context, the case law of the European Court of Human Rights on the right to manifest ...
Giulia Ciliberto, Department of Law and Institutions, Universitas Mercatorum - Rome, Italy
In European Union law, the right to freedom of religion finds its legal basis in Article 10 of the Charter of Fundamental Rights. It could only be limited under certain conditions, listed in Article 52 of the Charter. Despite the apparent minimalism of this legal system, composed of a general rule and a rule governing the exception, the recent case law of the Court of Justice on the protection of ...
Aurora Rasi, Sapienza University of Rome
This article evaluates the development of the issue of direct applicability of treaties by Italy’s judges against the relevant Italian international legal scholarship. It shows that the common understanding on the implementation of self-executive treaty rules is not followed by a shared construct of the self-executing character nor the direct effects of treaty rules in the Italian legal ...
Lorenza Mola, Dipartimento di Giurisprudenza/Università di Torino