Un caso emblematico di discriminazione per motivi religiosi: la chiesa degli ex Ospedali Riuniti di Bergamo tra esigenze cultuali e culturali

This article intends to comment on the judgement issued by the Tribunal of Bergamo in October 2020, by which the Lombardy Region was condemned for discrimination based on religion. In fact, the cultural pre-emption on a dismissed church was considered discriminatory towards the right of property of a Muslim association, who bought that building in a public auction with the aim of turning it into a mosque. The decision of the Tribunal was justified mainly on the ground of the public statements made by the President of Region and other councillors and on the ground of inconsistency of the cultural valorisation program proposed as motivation. However, the order raises a very important theoretical question, namely whether the ordinary judge can go as far as to revoke or annul an administrative measure deemed discriminatory, or whether he can only disapply it, in accordance with the traditional division of jurisdiction between the ordinary judge and the administrative judge.