Panel: MINISTERS OF RELIGIONS: BETWEEN RELIGIOUS MODELS AND SECULAR PROTECTIONS



949.1 - ITALIAN LEGAL SYSTEM AND RENEWED CONFESSIONAL PARADIGM

AUTHORS:
Gad Elrab A. (Università degli Studi di Milano ~ Milano ~ Italy)
Text:
The paper analyzes the condition of ministers of worship within the Italian legal system, highlighting the relationship between the current regulation and the historical-traditional model that inspired its construction. The analysis reveals a system of protections that, based on the principle of separation of orders and the recognition of confessional specificities through the treaty system, developed the figure of the minister of worship presupposing a well-defined confessional structure and later extended its application to other religious communities. Traditional legislation, originating from pre-constitutional laws and subsequently consolidated in common law, grants ministers of worship specific rights and functions. However, the application of this model shows several limitations with respect to more recently established religious communities, which are characterized by atypical organizational models. For example, the imam in Islamic communities represents a primus inter pares, a multifaceted figure whose specific characteristics are further shaped by the migratory context in which they operate. Although the exercise of the ministry is allowed through local protocols or individual authorizations, the current regulation still appears to hinder the activity of ministers from non-officially recognized faiths and the organization of religious assistance. These difficulties, also related to the training of such figures through adequate linguistic, legal, and cultural tools, significantly affect the enjoyment of individual religious rights and the guarantee of equal freedom for all religious communities. This raises crucial questions regarding the role of common law as a flexible regulatory tool and the ability of the current framework to reconcile legal tradition with confessional pluralism in an increasingly multicultural society.