L¿EDILIZIA DI CULTO TRA LIBERTÀ COSTITUZIONALI E GOVERNO DEL TERRITORIO: LA LEGGE N. 12 DEL 2005 DELLA REGIONE LOMBARDIA

This study concerns the construction and the preservation of religious buildings, mainly from an historical point of view by reconstructing the urban city laws since the Italian Unification, through Fascism, the two World Wars and finally the rebuilding during the second postwar period. At the beginning of the Seventies, the first devolution occurred and places of worship, that had been constructed or consecrated for religious purposes, began to be provided with city plans and each federalist intervention occurred without any constitutional changes. It was only at the beginning of the new Millennium that the most significant constitutional reform happened with the overturning of the State and the Regions' legislative competences: the general legislative competence had been conferred to the Regions, while the State remained in charge of specific topics listed in the Constitution. However, even if the competence of the State and the religious Confessions relationships continued to be regulated by the State's laws, the construction of religious buildings began to be controlled by the local authorities. In the last chapter I have focused my attention on the specific case of Lombardia's law for the governance of territories (legge per il governo del territorio), in which five articles concerns the construction of religious buildings. The Lombard law maker demands a long series of requirements of religious Confessions in order to consider a probable construction of a religious edifice or a change in the use of an existing building. There seems to be no problem at present if the religious faith has stipulated an "agreement" with the State. However, the attempt to exclude the Islamic faith is evident, since that it has not made any agreements with the Public Authority. The unconstitutionality of Lombardia's urban city law is therefore evident because it is in contrast with the Italian Constitution articles 3,8, 19 and 20, which represent Italian Secularism and therefore an equal treatment for every religious faith without discrimination or preference for any of them.