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Italian Constitutional Court (Corte costituzionale), No. 389/2004, 15 December 2004 (ord.)

Type Judgment
Case number 389/2004


The obligation to display the crucifix in the classrooms of public schools derives from sources of regulatory rank, and not from legal provisions. The related question of constitutional legitimacy is therefore inadmissible.

Normative references

Articles 2, 3, 7, 8, 19, 20, 21 of the Italian Constitution
Art. 118 of Royal Decree no. 965 of 1924
119 of the Royal decree n. 1297 of 1928 (Table C)
Legislative Decree n. 297 of 1994


1. Articles 159 and 190 of the Legislative Decree n. 267/1994 (“Consolidated text of the laws in force in the field of education, relating to schools of all levels”) are limited to providing for the obligation on the part of the Municipalities to provide school furniture, respectively for elementary schools and for medium-sized ones, thus keeping their object and content only to the expense of furniture. Therefore, between the two aforementioned legislative provisions, on the one hand, and the regulatory provisions referred to by the issuer, on the other hand, there is no integration and specification relationship, for the purpose of the subject matter of the proposed constitutionality question, which would have allowed the challenge of the legislative provisions "as specified" by the regulations.