Religion and Law Research Consortium

Law No. 1159 of June 24, 1929.

Provisions on the practice of religions permitted within the state and on marriage celebrated before ministers of the same religions.

Victor Emanuel III

By grace of God and by will of the Nation

King of Italy

The Senate and the Chamber of Deputies have approved; we have ratified and promulgate the following:

ARTICLE 1

Religions other than the Roman Catholic Apostolic religion are permitted within the kingdom, provided that they do not profess principles and do not follow rites contrary to public policy or morals.

The practice, even public, of such religions is free.

ARTICLE 2

Institutions of religions other than the state religion can acquire legal personality by a Royal Decree upon joint proposal of the Minister of Justice and Religious Affairs (1) and of the Minister of Interior, with the advice of the Council of State and of the Council of Ministers.

They are subject to civil laws concerning government authorization for acquisitions and transfer of properties of religious institutions.

Furthermore, special provisions for the surveillance and control by the State can be established in the foundation decree of the religious institution.

1. By Royal Decree No. 884 of July 20, 1932 the “Ministry of Justice and Religious Affairs” was changed into “Ministry of Grace and Justice”. By the same decree and by Royal Decree Law No. 1080 of August 19, 1932 and Law No. 455 of April 16, 1933, the powers over religious affairs were transferred from the Ministry of Grace and Justice to the Ministry of Interior. By the same laws the powers over religious affairs, then exercised by the Public Prosecutor’s offices, were transferred to the Prefects who act in each Italian Province, under the authority of the Minister of Interior.

ARTICLE 3

The appointment of ministers of religions other than the State religion must be notified to the Ministry of Justice and Religious Affairs (2) for approval.

No civil effect can be recognized in the acts made while acting as religious ministers if their appointment did not obtain government approval.

2. Read Ministry of Interior

ARTICLE 4

The difference of religion does not create exclusion in the enjoyment of civil and political rights and in admission to civil and military appointments.

ARTICLE 5

The discussion of religious matters is entirely free.

ARTICLE 6

The parents or those who act in their place can ask dispensation for their children from attending courses of religious education in public schools.

ARTICLE 7

A marriage, celebrated before any of the ministers indicated in preceding Article 3, causes, from the day of the celebration, the same effects of a marriage celebrated before a vital statistics officer provided the provisions of the following articles have been complied with.

ARTICLE 8

Those who intend to celebrate a marriage before any of the ministers indicated in preceding Article 3 must so declare to the vital statistics officer who would have authority to celebrate such marriage.

The vital statistics officer, after all of the preliminary formalities have been fulfilled and after having ascertained that there is no opposition to the celebration of the marriage according to the provisions of the Civil Code, issues written authorization indicating the religious minister before whom the celebration is to take place and the date of the deed by which the appointment of such minister was approved according to Article 3.

ARTICLE 9

The minister before whom the celebration takes place must read Articles 130, 131 and 132 of the Civil Code (3) to the spouses and receive, in the presence of tow qualified witnesses, from both spouses, one after the other, the explicit declaration of their intent to take each other for husband and wife respectively, in accordance with the provisions of Article 95 of the Civil Code. (4)

The marriage certificate shall be drawn up immediately after the celebration, written in the Italian language and in the form established by Articles 352 and 353 of the Civil Code (5) for vital statistics records, and must contain the information requested in Article 10 of this law.

The certificate, thus completed, shall be immediately transmitted, in original, to the vital statistics officer and, in any case, not more than five days after the celebration.

3. Now Articles 143 and 144 of Royal Decree No. 262 of March 16, 1942, approving the text of the Civil Code (hereinafter “Civil Code”) as amended by Law No. 151 of May 19, 1975 on the reform of family law.

4. Now Article 108 of the Civil Code.

5. Now Article 83 of the Civil Code.

ARTICLE 10

The vital statistics officer, upon receipt of the marriage certificate, shall, within 24 hours, take care of the transcription of it in the vital statistics register, so that the following information appears:

- name, surname, age and profession, place of birth, domicile or residence of the spouses;

- name, surname, domicile or residence of their parents;

- the date of the publication of the banns or the decree of dispensation;

- the date of the dispensation decree, if granted, from any legal impediment;

- the place and date in which the marriage celebration took place;

- the name and surname of the minister before whom the marriage celebration took place.

The vital statistics officer must give notice to the Royal Public Prosecutor, in the cases and for the purposes indicated in Article 104 of Royal Decree No. 2602 of November 15, 1865, on the vital statistics system. (6)

6. Now Article 132 of Royal Decree No. 1238 of July 9, 1939 on the vital statistics system.

ARTICLE 11

All the provisions regarding a marriage celebrated before a vital statistics officer, even those governing the application for annulment, apply to the marriage celebrated before the minister of a religion permitted within the State and duly transcribed in the vital statistics registers.

ARTICLE 12

The granting of the authorization provided for by Article 8 of this Law is equal to the celebration of the marriage for the purposes of Article 124 of the Civil Code. (7).

The vital statistics officer, who neglects to transcribe the marriage certificate within the time limit set forth in Article 10 of this Law, shall incur the fine established by Article 124 of the Civil Code.

7. Now Articles 136 and 137 of the Civil Code.

ARTICLE 13

Articles 7 and 12 shall enter in to force sixty days after the publication of this law in the Official Gazette.

ARTICLE 14

The Government of the King has the authority to issue the regulations implementing this Law, and for its coordination with other laws of the State, and to review the existing laws governing non-catholic religions.

We order that the present law, bearing the Seal of the State, be entered in the Official Collection of Laws and Decrees of the Kingdom of Italy, and that all persons shall observe it and cause it to be observed as law of the State.

Given in Rome, on the 24^th day of June 1929 – Year VII

Victor Emanuel

Mussolini-Rocco

Royal Decree No. 289 of February 28, 1930. Regulations implementing Law No. 1159 of June 24, 1929, on the religions permitted within the State, and for its coordination with other laws of the State.

Victor Emanuel III

By grace of God and by will of the Nation

King of Italy

In view of Article 3, No. 1 of Law No. 100 of January 31, 1926;

By virtue of the authority delegated to us by Article 14 of Law No. 1159 of June 24, 1929;

Having consulted the Council of Ministers;

Upon the joint proposal of the Minister Secretary of State for Justice and Religious Affairs and of the Ministers Secretaries of State for Interior, Finance, War and National Education;

Have decreed and decree:

ARTICLE 1 (8)

The followers of each religion permitted within the Kingdom may have their own temples and oratories for the public practice of their religion.

The opening of a temple or oratory must be requested by a minister of the respective religion, whose appointment has been duly approved according to the terms of Article 3 of the Law, by an application sent to the Minister of Justice and Religious Affairs, (9) complete with the documents proving that the temple or oratory is necessary to satisfy actual religious needs of sizeable groups of followers and that sufficient means are available to sustain maintenance expenses.

The opening is authorized by a Royal Decree issued upon the joint proposal of the Minister of Justice and Religious Affairs (9) and the Minister of Interior.

8. On November 18, 1958, the Italian Constitutional Court issued a judgment (No.59) on Articles 1 and 2. The Court declared Article 1 partially unconstitutional “as far as it provides for government authorization to open temples and oratories … for worship purposes.” The Court declared Article 2 totally unconstitutional and contrary to Articles 8 and 19 of the Constitution.

9. Read Minister of Interior.

ARTICLE 2

(The followers of a religion permitted within the Kingdom can, without prior authorization by government authorities, hold public meetings in the buildings destined for worship according to the preceding article for the fulfilment of religious ceremonies and for other religious functions, on condition that the meeting is presided over or authorized by a minister whose appointment has been duly approved according to Article 3 of the Law. In all other cases, the laws on public meetings shall apply.)

ARTICLE 3

The ministers of a religion permitted within the Kingdom, whose appointments have been approved according to Article 3 of the Law, can publish and post acts regarding the spiritual governing of their followers inside and on the external doors of the buildings destined for worship without particular licence from the public security authorities and tax exempt.

Such acts must always be written in the Italian language, with the right to add, beside the Italian text, the translation in other languages.

ARTICLE 4

The ministers of a religion permitted within the Kingdom, whose appointments have been approved according to Article 3 of the Law, can, without any interference by civil authorities, take collections inside and at the entrance of the buildings destined for worship.

ARTICLE 5

The ministers of the religions permitted within the Kingdom can be authorized to visit hospitals and retirement homes to give religious assistance to patients who have so requested.

The authorization is given by the administrative directors of the hospital or retirement home and must indicate the method and the means by which the assistance is to be rendered.

ARTICLE 6

The ministers of the religions permitted within the Kingdom can be authorized to give religious assistance to inmates of penal institutions whenever they are so requested by the inmates themselves or by their families or by the legal guardians of the same, in observance of the provisions contained in the special regulations of such institutions.

ARTICLE 7

In case of mobilization of the armed forces of the State, the ministers of the religions permitted within the Kingdom, whose appointments have been approved according to Article 3 of the Law, can be exempted from the call to arms upon a statement by the Royal General Prosecutor with the Court of Appeals, (10) who declares their work is absolutely indispensable and irreplaceable for the religious assistance of the followers entrusted to them.

10. Read Prefect

ARTICLE 8

In case of mobilization of the armed forces of the State, religious assistance for non-catholic military personnel, to be rendered by ministers of religions permitted within the Kingdom, whose appointments have been approved according to Article 3 of the Law, can be authorized by the military authorities entrusted with the supreme command of war operations.

The same authority can establish the roles and the means by which such assistance can be rendered.

ARTICLE 9

The students of theological schools, recognized by the State, of religions other than the catholic religion, or of rabbinical schools, equally recognized, can in time of peace be allowed the benefit of deferring military service in accordance with Articles 98 and 100 of the consolidated laws on recruitment of the Royal Army, approved with Royal Decree No. 1437 of August 5, 1927 (11). The students in question are those who attend courses in schools comparable to universities or the last year of high school.

11. Now Article 109 of the Decree of the President of the Republic No. 237 of February 14, 1964, on compulsory conscription and recruitment in the Army, Navy and Air Force, as amended by law No, 191 of May 31, 1975.

ARTICLE 10

The acquisition of legal personality by institutions of religions other than the State religion can be requested by any interested party with an application to the Minister of Justice and Religious Affairs. (12)

The application is presented to the Religious Affairs Office with the General Prosecutor’s Office with the Court of Appeals (12) and must be complete with the text of the by-laws of the institution which will include the purposes, the administrative bodies, the rules governing the functioning of it and the financial means available for the attainment of its purposes.

The foundation decree may establish that the legal representative of the institution be an Italian citizen. However, in any case the legal representative of the institution must be domiciled in the Kingdom.

12. Read Minister of Interior

ARTICLE 11

Where the by-laws of the institution of religions other than the State religion does not provide so, the foundation decree granting legal personality to the institution shall establish the rules governing disposition of assets in the event of dissolution of the institution for any cause.

As a rule, disposition of assets for purposes of instruction, education and charity of favour of natives of the place where the institution is active shall be preferred.

ARTICLE 12

With respect to deeds executed in the interest of institutions, having legal personality, of religions permitted within the state, the purpose of the religion is, for tax purposes, equivalent to those of charity and instruction.

ARTICLE 13

Besides the special provisions established in the foundation decree, institutions of religions other than the State religion are subject to government surveillance and control.

The State’s authority over the above-mentioned institutions is exercised by the Ministry of Justice and Religious Affairs and its subordinate bodies. (13)

13. Read respectively Ministry of Interior and Prefects

ARTICLE 14

The government surveillance provided for by the preceding Article includes the power to order visits and inspections of the institutions indicated in the same Article.

When serious irregularities in the administration of such institutions are ascertained, or when the administration is not able to function, the Minister of Justice and Religious Affairs (12) can dismiss the same administration and appoint a government commissioner for temporary management.

ARTICLE 15

When they contain violations of laws and regulations, the acts or resolutions of the institutions indicated in Article 13 can at any time be declared null and void by Royal Decree upon proposal of the Minister of Justice and Religious Affairs, (12) having heard the Council of State.

ARTICLE 16 (14)

“The institutions indicated in Article 13 cannot acquire immovable property, nor accept donations, inheritances or legacies without prior authorization.

The authorization is granted by decree of the President of the Republic, with the advice of the Council of State, in the case of the purchase of immovable property having a value exceeding 25 million lire, or the acceptance of donations, inheritances or legacies which include immoveable property having a value exceeding 25 million lire.

In the other cases, the authorization is granted by decree of the Prefect of the province in which the institution has its head office, observing, when applicable, the provisions contained in Law No. 218 of June 21, 1896, and the implementing regulations, approved with Royal Decree No. 361 of July 26, 1896 (15).

The authorization can be requested by application by the legal representative of the institution to the Minister of interior or to the Prefect, according to their respective authority, complete with the necessary documents and a summary of the assets owned by the institution.

The application is filed with the Prefecture, which, after reviewing it, sends it to the Ministry of Interior when the authorization is to be granted by the Ministry.

14. Articles 16 and 19 were so amended by Articles 23 and 24 of the Decree of the President of the Republic No. 968 of August 19, 1954, on the decentralization of services of the Ministry of Interior.

15. Law No. 218 of June 21, 1896, granting powers to the Prefects to authorize provinces, communes and charitable public institutions to accept legacies, donations and to acquire real estate; Royal Decree No. 361 of July 26, 1896, approving the regulations implementing Law No. 218 of June 21, 1896.

ARTICLE 17

In case of lack of the authorization provided for by the preceding article, the purchases and the acceptances even made through third persons are null and void.

The declaration of nullity can be requested at any time by the Public Prosecutor or by any interested party.

ARTICLE 18

The application to obtain government authorization for the deeds and contracts of sale of property, according to Article 2 of the Law, must be presented by legal representatives of the institutions to the Religious Affairs Offices with the Royal General Prosecutor’s Office with the Court of Appeals and addressed to the Minister of Justice and Religious Affairs. (16)

The acts or contracts for which government authorization is necessary include the sale of property, enfranchisement of annuities and rents, loans, cutting of trees with tall trunks, collection and investment of capital, lease of immoveable property for more than nine years, litigation as plaintiff or defendant relating to the patrimony of the institution.

16. Read respectively Prefects and Minister of Interior.

ARTICLE 19 (14)

“The Minister of Interior, having heard the Council of State, issues a decree granting or denying the authorization:

1) when it is a matter of sale by private negotiations of property having a value exceeding 15 million lire;

2) when it is a matter of sale by private auction of property having a value exceeding 20 million lire;

3) when it is a matter of sale by public auction of property having a value exceeding 30 million lire;

4) when it is a matter of one of the other acts or contracts indicated in the second paragraph of the preceding article having a value exceeding 30 million lire, except in the case such acts or contracts are executed pursuant to mandatory provisions of law or of a final judgment.

In any other case the authorization is granted by the Prefect.”

ARTICLE 20

The approval of the appointment of religious ministers, referred to in Article 3 of the Law, is requested by an application to the Minister of Justice and Religious Affairs (17) by the interested minister.

The application is filed with the Religious Affairs Office of the Royal General Prosecutor’s Office with the Court of Appeals (18) and must be complete with the original or a true copy of the appointment deed, and with the documents proving that such appointment was made according to the rules governing the religion to which the minister belongs.

When the religion is not known to the Government because its institutions have not acquired legal personality or for other cause, information should also be supplied about its denomination its purposes, its rites, available financial means, the names of the directors, the superior ecclesiastical authority to which it is subordinate.

17. Read Minister or Ministry of Interior.

18. Read Prefect.

ARTICLE 21

After acquiring the information necessary to complete their investigation and after hearing the Prefect of the Province where the minister exercises his mission, the Religious Affairs Offices (18) send the documents to the Ministry of Justice and Religious Affairs. (17)

The approval of the appointment is given by decree of the Minister of Justice and Religious Affairs. (17)

The minister must have Italian citizenship and know how to speak the Italian language, in the event the followers of the religion, to which the minister asking approval of his appointment belongs, are in the majority Italian citizens, or in the event the minister has the authority to celebrate religious marriages of his faithful with civil effects, according to Article 7 of the Law.

ARTICLE 22

A copy of the Ministerial decree approving the appointment of the minister id sent to the Religious Affairs Offices of the Royal General Prosecutor’s Office with the Court of Appeals (18) which immediately sent a copy of it to the vital statistics office of the commune where the minister resides by reason of his mission.

For civil purposes, the acts made while acting as religious ministers are operative from the date of the Ministerial decree approving the appointment of such minister.

ARTICLE 23

The parents, or those who act in their place, who do not want their children to receive religious instruction in public schools, must make a written declaration to the head of the institute at the beginning of the school year.

When the number of students justifies it and when for serious a temple cannot be made available, the fathers of families professing a religion other than the State religion can obtain a room of the school be made available for the religious instruction of their children.

The application is sent to the local director of education, who, having heard the scholastic council, can decide in favour of it. On the contrary, when the Director deems it advisable, he refers to the Ministry of National Education, (19) which decides by agreement with the Ministry of Justice and Religious Affairs. (17)

The deed making the rooms available shall specify the days and the time when religion can be taught and other adequate directions.

19. Now Ministry of Public Instruction

ARTICLE 24

When the number of students justifies it, the institutions of religions other than the State religion, having legal personality, can be authorized to open elementary schools for their faithful. According to the special provisions of law in force, the schools will totally or partially relieve the scholastic administrations and the communes from their obligations.

Any action in question is taken by the Minister of National Education (20) in agreement with the Minister of Justice and Religious Affairs. (21)

20. Now Minister of Public Instruction

21. Read Minister of Interior.

ARTICLE 25

The authorization, to celebrate a marriage by the minister of a religion other than the State religion, given by the vital statistics officer under Article 8 of the Law, includes the power to delegate another minister, in case of legitimate impediment, to legally substitute him in the office when the appointment of the substitute has been duly approved according to Article 3 of the Law.

The delegating minister must mention in the delegation, which must be in writing, the authorization received and the supervening impediment and he must indicate the minister delegated and the date his appointment was approved.

The delegation deed shall be attached to the original marriage certificate to be sent to the vital statistics officer.

ARTICLE 26

If the spouses are domiciled or reside in a commune other than that of the residence of the minister before whom they intend to celebrate the marriage, and if they transfer to this latter commune for the celebration, the vital statistics officer of their place of residence requests the celebration of marriage to the vital statistics officer of the commune of the residence of the minister. The authorization under the preceding article is given by the latter vital statistics office.

If, instead, in order to celebrate the marriage, the minister transfers to the commune where the spouses are domiciled or reside, after having made himself known by showing the necessary documents and a copy of the deed of approval of his appointment, according to Article 3 of the Law, the authorization is given by the vital statistics officer of the commune of the spouses.

ARTICLE 27

The transmission of the original marriage certificate is made by the minister who celebrated the marriage to the vital statistics officer who granted the relative authorization. Receipt of the certificate shall be given to the sender.

In the case provided for by the first paragraph of the preceding article, the vital statistics officer who granted the authorization transmits a true copy of the certificate to the officer who requested the celebration.

Once the marriage certificate id transcribed in the vital statistics register, the officer who did so shall give notice to the minister who celebrated the marriage, indicating the date of transcription.

The date of transmission of such information shall be noted on the margin of the marriage records, part II, series A.

ARTICLE 28

The ministers of religions permitted within the State can issue neither copies nor certificates of the marriage celebrated before them.

ARTICLE 29

The temples and oratories of the religions other than the State religion which were opened for public worship when the law on the practice of religions entered into force and the institutions which had acquired legal personality are dispensed from obtaining a new authorization or new recognition for civil purposes.

As to the deferment of military obligations by students as established by Article 9, the rabbinical colleges of Florence, Leghorn, Rhodes and Waldensian, Baptist, Methodist, Episcopal and Wesleyan theological faculties of Rome are hereby recognized by the State.

We order that the present decree, bearing the Seal of the state, be entered in the Official Collection of Laws and Decrees of the Kingdom of Italy, and that all persons shall observe it and cause it to be observed.

Given in Rome, on the 28th day of February 1930. Year VIII

Victor Emanuel Mussolini-Rocco-Mosconi-Gazzera-Giuliano.

End of Document