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Italian Constitutional Court (Corte costituzionale italiana), No. 213/1998, 19 June 1998

Date
19/06/1998
Type Judgment
Case number 213/1998

Abstract

Groundlessness of the questions of constitutional legitimacy raised regarding the legislation concerning relations with military offices and jurisprudential bodies by citizens belonging to the German minority of the province of Bolzano.

Normative references

Art. 6, art. 116 Italian Constitution
Art. 100 of the Special Statute for Trentino-Alto Adige
Articles 1, 13, 15, 24 d.P.R. 574 July 15, 1988 (Implementation regulations of the Special Statute for the Trentino-Alto Adige Region regarding the use of the German and Ladin languages ​​in the relations of citizens with the public administration and in judicial proceedings)
 

Ruling

The linguistic rights of citizens belonging to the German minority of the province of Bolzano in relations with ordinary criminal courts and offices do not extend to relations with military offices and courts since, given that the rules contained in the Presidential Decree n. 574 of 1988 derive their raison d'etre from the protection of the identity of a linguistic minority and are not norms that directly concern the process, but which in the process find only an occasion to be realised, and which, with respect to these norms, the the need for uniformity yields to those of specification and differentiation in the same way as the peculiarities of the special system in which they are inserted and from which they derive their validity.