SELECTION OF DOCUMENTS
ON THE
“CRUCIFIX CASE”
Lautsi and others v. Italy
The ECLJ publishes on this page a short summery of the Lautsi case and a selection of documents that have contributed to this ruling.
In its Lautsi and others v. Italy (n. 30814/06) decision, the Grand Chamber of the European Court for Human Rights (ECHR) has ruled that the presence of crucifix in Italian public schools does not infringe States conventional obligations in regard to freedom of religion and belief. The Court finds no violation of the European Convention on Human Rights. The sentence passed by the Grande Chambre (15 votes to 2) overturns the sentence dated November 3rd 2009 (decided unanimously), which had found Italy guilty of violating religious freedom, following an appeal presented by Sole Lautsi, an Italian citizen of Finnish origin. The applicant brought her complaint against the Italian Republic on behalf of her two children. She alleged that the display of the Crucifix in classrooms of public schools interferes with her children’s freedom of belief as well as their right to education and teaching consistent with her philosophical convictions under Article 2 of Protocol No. 1 of the Convention, taken in conjunction with Article 9.
Finally, the Grand Chamber, highlighting the importance of subsidiarity and the margin of appreciation principles, reaffirms -in accordance with its case-law- that religious matters fall within the sovereignty of Member States in order to respect the culture and traditions of each particular country. The Court underlined that secularism (“laïcité” in French) is a “philosophical conviction” it is a “belief”, and as such it is not “neutral”.
This decision comes after 21 European countries have openly given their support to Italy, defending in media and before the Court the legitimacy of Christian symbols in society. The European Centre for Law and Justice (ECLJ) was deeply involved in this case, as an active protagonists in the strategy which led to this result. The ECLJ has also been admitted to intervene as third party (amicus curiae) in that case.
As a third party in that case with 79 European members of parliaments, the ECLJ participated in the public hearings, submitted written observations to the Court and also organised a seminar on the “Religious Symbols in the Public Space” at the Council of Europe on 29 April 2010, along with the Permanent Representation of Italy to the Council of Europe and the Italian Consiglio Nazionale delle Ricerche (CNR). Among those who have participated in this seminar were Professor Joseph Weiler from NY, Javier Borrego-Borrego and Georg Ress, former judges at the ECHR, Professor Cesare Mirabelli, and Professor Roberto de Mattei from the CNR.
Grégor Puppinck, Director of the ECLJ, notes with satisfaction that the Grand Chamber of the Court has adopted, with a few subtle differences, almost exactly the reasoning developed by the ECLJ in its written observations.
The following is a selection of relevant documents related to this case.
SELECTION OF DOCUMENTS.
From the ECHR
Grand Chamber judgment Lautsi and Others v. Italy 18.03.2011
Court (second section) judgment Lautsi and Others v. Italy 03.11.2009
From the Italian Government
Plaidoirie du Gouvernement Italien devant la Grande Chambre
Mémoire du Gouvernement Italien pour l’audience devant la Grande Chambre
Mémoire du Gouvernement Italien pour la saisine de la Grande Chambre
From other governments
Plaidoirie du Professeur Joseph Weiler devant la Grande Chambre
Summery of the submissions of the intervening States in the Lautsi v Italy case.
From the ECLJ
ECLJ written observations (as thir party) to the Court. (translation in English)
Observations ecrites de l’ECLJ en tierce intervention (original in French)
List of the Members of Parliaments from various European and political parties who have joined the Lautsi case with the ECLJ
ECLJ Legal memorandum, April 2010
Seminar on the “Religious Symbols in the Public Space”, Council of Europe, 29 April 2010. (in French). Includes the following contributions:
Professor Georg Ress- "Positive and negative freedom of religion",
Mr. Javier Borrego-Borrego - “Subsidiarity and the national and cultural context under the margin of appreciation”
Professor Krzysztof Wojtyczek - “Religious symbols and the democratic state of law”
Professor Joseph Weiler - “Religious symbols in the european public sphere”
Professor Cesare Mirabelli - “Recent related case law of the court”
"The case of Lautsi v. Italy: a synthesis", by Grégor Puppinck, November 2011.
Lautsi v. Italy , The Leading Case on Majority Religions in European Secular States, by Grégor Puppinck, presentation prepared for the 2010 annual International Law and Religion Symposium
English version - Lautsi v. Italy, An alliance against secularism, by Grégor Puppinck, published in the Osservatore Romano, in July 2010.
French original version - Lautsi c Italie, Une alliance contre le sécularisme
Italian version - L'Europa e il crocifisso, Un’Alleanza contro il secolarismo
Spanish version - Europa y el crucifijo, Una alianza contra el laicismo
Portugaise version - Europa e o crucifixo: Uma aliança contra o secularismo
German version - Europa und das Kruzifix, Eine Allianz gegen den Säkularismus
Russian version - Lautsi v. Italy, An alliance against secularism
Submissions from other NGOs
Jointly 33 members of the European Parliament
Eurojuris
Jointly Interights,: International Commission of Jurists, Human Rights Watch
Jointly: Semaines sociales de France, Zentralkomitee des deutschen Katholiken, Associazioni critiane lavoratori italiani
Associazone nazionale de libero Pensiero
Becket Found with a coalition of professors of law
ECLJ press releases
ECLJ: The Lautsi Crucifix Decision: A Great Victory for Europe!
Affare Lautsi: una grande vittoria per l’Europa!
Affaire Lautsi : une grande victoire pour l’Europe!
The crucifix case: imminent final judgment
ECHR Crucifix Case: 20 European countries support the Crucifix
ECHR Hears Crucifix Case
ECHR Crucifix Case: Ten Member States Join Italy in Support of the Crucifix
The ECLJ Admitted as Amicus Curiae in the Italian Crucifix Case Before the European Court of Human Rights
L’ECLJ se porte « partie tierce » contre l’interdiction des crucifix dans l’espace public
