Malintesa. Aforismi chiastici sulla (il-)legittimità costituzionale delle intese mancanti e sui possibili rimedi all’inerzia legislativa.

This paper focuses on the possibility of imagining jurisdictional remedies to state refusal to conclude into agreements (intese) with individual religious denominations. To this end, the configurability of ‘intese’ as an instrument for the implementation/protection of religious freedom is examined. Relying on this analysis, the essay assesses the conditions for absence of ‘intese’ as a situation of constitutional illegitimacy with respect to Article 19, Article 3.2. and, of course, 8.3. of the Constitution. Moreover, it includes, in its final part, an operational proposal that envisages the use of ‘letters of intent’ – already present in the practice of contractual relations – adapted to the peculiarities of state-denominations relationships.

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