2  ECHR 30814/06. Save where the contrary is stated, all references in this article to Lautsi are to the decision of the Grand Chamber.
3 BVerfGE 93, 1 – Kruzifix: see Kommers, D, The Constitutional Jurisprudence of the Federal Republic of Germany (second edition, Durham, NC, 1997), pp 472–476. Later, the Bavarian parliament passed a law that imposed the display of a crucifix because of its historical and cultural value. However, if objections based on serious and reasonable arguments involving faith or a world view are raised at a particular school, the head teacher should seek agreement. If this is not possible, (s)he is to find an ad hoc solution, keeping a fair balance of the pupils' religious and ideological beliefs but taking into account the will of the majority. This appears to be an attempt to side-step the constitutional judgment.
7 It must be noted that in 2009 was the second section European Court of Human Rights in Lautsi v Italy, when quoting the sources of the principle of laicità, at para 25, in error – Article 9 of the Italian Constitution does deal with the development of culture and the protection of the historical and artistic heritage of Italy.
8 Case No 203/1989, at para 4, emphasis added.
11 Relations between the Italian state and the Roman Catholic Church ‘are regulated by the Lateran pacts. Amendments to such pacts that are accepted by both parties shall not require the procedure of constitutional amendments’.
12 Italian Constitution, Art 8(2).
14 See Royal Decree No 1297, 26 April 1928, art 119 and Royal Decree No 965, 30 April 1924, art 118. Both deal with the crucifix in state school classrooms, listing it in the ‘furnishing of all classrooms’ of state schools.
15 The aim of the Fascist government was to create a confessional system, in fact established later on, in 1929, by the Lateran Treaty, whose Article 1 proclaimed Catholicism as the official state religion. This article was subsequently repealed by the amendment to the Lateran Treaty in 1984. See Giovannelli, M, ‘The 1984 covenant between the Republic of Italy and the Vatican: a retrospective analysis after fifteen years’, (2000) 42 Journal of Church and State 529.
18 According to Article 135 of the Italian Constitution, the Constitutional Court judges, among other things, ‘controversies on the constitutional legitimacy of laws and enactments having force of law issued by state and regions’ (emphasis added).
20 Ibid at para 12.4, emphasis added.
23 Mancini, S, ‘Taking secularism (not too) seriously: the Italian crucifix case’, (2006) 1 Religion and Human Rights 187.
24 G Zagrebelsky, , ‘Stato e chiesa: cittadini e cattolici’, (2007) 3 Diritto Pubblico 715.
30 In this case a member of an electoral commission refused, according to the lower judge without justification, to carry out his duty because a crucifix was displayed in the polling station and was, consequently, condemned on the basis of Article 108 of the Presidential Decree No 361/1957.
31 Dahlab v Switzerland  ECHR 42393/98.
32 Lautsi (2009 judgment at first instance) at para 55.
34 Lautsi (2009 judgment at first instance) at paras 57–58, emphasis added. This general idea of neutrality had already been expressed in general terms by Strasbourg in Hasan and Chaush v Bulgaria  ECHR 30985/96; (2002) 34 EHRR 1339 at para 78.
35 Lautsi at paras 26–28.
38 Ibid at para 69. The judgment cites the judgments in Kjeldsen v Denmark  ECHR 5095/71 at paras 50–53; Folgerø v Norway  ECHR 15472/02 at para 84 and Zengin v Turkey  ECHR 1448/04 at paras 51–52.
39 Weiler, J, ‘La Corte di Strasburgo e il crocefisso: una decisione imbarazzante’, (2010) 1 Quaderni costituzionali 148.
45 It is worth noting that the European Court of Human Rights seems to have a sort of veiled intolerance towards Islam. See Lebreton, G, ‘L'islam devant la CEDH’, (2002) Revue du Droit Public et de la Science Politique en France et à l'Étranger, 1493.
50 Judge Powell, concurring opinion in Lautsi.
52 Harris, D et al. , Harris, O'Boyle & Warbrick: Law of the European Convention on Human Rights (second edition, Oxford, 2009), p 11. For a particular reference to religion see Lewis, T, ‘What not to wear: religious rights, the European Court, and the margin of appreciation’, (2007) 2 International & Comparative Law Quarterly 397.
54 Judge Malinverni, Dissenting opinion in Lautsi at para 1.
55 Conforti, ‘Crocifisso nelle scuole’.
56 See eg Ronchi, P, ‘A, B and C v Ireland: Europe's Roe v Wade still has to wait?’, (2011) 127 LQR 365–369.
57 Lester, Lord, ‘The European Convention in the new architecture of Europe’, (1996) 1 Public Law 6.
61 Gibson, N, ‘Right to education in conformity with philosophical convictions: Lautsi v Italy’, (2010) European Human Rights Law Review 212.