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Juridical Status of Scientology in European Case Law



Author(s)

Germana Carobene

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DOI:10.17265/2328-2177/2016.05.005

University Federico II, Napoli, Italy

The jurisprudential path which led to the legal qualification of Scientology as a religion, according to Italian law was very interesting. The problem concerned the lack of definition of religion and the fact that recognition as a confession gives a religious denomination several benefits such as political taxation. Furthermore, the absence of recognition had led to the possibility of considering normal activities of worship as criminal offenses: i.e. as criminal conspiracy, abuse of the disabled etc. The so-called “long process of Milan”, which lasted 20 years, however, officially recognized the characteristics of the religious denomination of Scientology. In this sense, the “Scientology case” can be considered a paradigm for a real understanding of the rights that our legal system recognizes in regards to religious movements and, in particular, the right of religious freedom and the principle of “laicità”.

Scientology, legal qualification, English, Italian and French case law