Decision of the Court of Cassation, United Sections, No. 16305 of 28 June 2013

It is appealable, inasmuch it is not a political act, the Government’s refusal to start the negotiation with an atheistic association for the conclusion of an agreement ex Article 8.3 of the Constitution. In fact, worships’ interest in stipulating such agreements with the State must not be referred to the unconditioned discretion of the Government because it would contrast with the freedom of religion foreseen by the same constitutional disposition and with the principle of non discrimination of worships in the accession to the agreements as established by the European Court of Human Rights.