La mediazione laica sul crocifisso a scuola nel diritto vivente: da simbolo pubblico "del potere" a simbolo partecipato "della coscienza"

With its judgment 9 September 2021 n. 24414, the Joined Sections addressed the long-standing questionof the crucifix at public school, in a case in which a teacher complained about the display of the symbol. The case occupies a place of its own due to its specificity. Some profiles of the ruling, whose (convincing) focus revolves around the firm statement that the authoritative exposition of the crucifix conflicts with the principle of “laicità”, is worthy of further study. Overall, however, the solution appears persuasive. Where power is exercised in an authoritative way, the principle of “laicità” requires the absence of any reference to symbols other than those of the Republic. Whereas, on the other hand, the public function benefits fromthe participatory contribution of the State-community, “laicità” is characterized by compositional neutrality, without prejudice to respect for pluralism and also by the strict prohibition of identification betweensymbols of conscience and the State institutions.