Logo law and pluralism
Logo Università Bicocca

Council of State of Italy, Second Section, No. 2851/2025, 28 January 2025

Abstract

The exercise of religious worship in public places and/or places open to the public and its relationship with current urban planning regulations concerning “territorial policy”.

Normative references

Articles 2, 3, 18, and 19 of the Italian Constitution.

Articles 31-bis and 31-ter, Regional Law of Veneto no. 11 of 2004

Ruling

Given the limits of regional legislative power in the field of 'territorial governance' in relation to the exercise of religious activity, the aim of the provisions in question is to ensure the harmonious development of built-up areas and the implementation of public services (in this respect, see also the Constitutional Court's ruling no. 67 of 2017). It is the activity itself, rather than the person performing it, that has an impact on the territory and justifies regulation by public authorities.