Diritto Pubblico Comparato ed Europeo

Sommario

1. Introduzione. – 2. Le tappe della “controversia sul velo”: le decisioni dei Tribunali amministrativi (ordinario e d’appello) del Baden-Württemberg e la (prima) sentenza del Tribunale amministrativo federale. – 3. La sentenza del Tribunale costituzionale federale. – 4. Le leggi dei Länder e la nuova pronuncia del Bundesverwaltungsgericht. – 5. Le questioni aperte.

Abstract

In a long-awaited decision on freedom of expression and religious neutrality in schools, the Constitutional Court ruled that the Land of Baden-Württenberg was wrong to ban a teacher from wearing a Muslim headscarf in the classroom, but it also stated that the Laender can approve laws that ban religious clothing in public schools (Decision of September 24th, 2003). Some state legislatureshave already provided the legal basis for a “headscarf ban” that up until now did not exist. Germany’s highest court also ruled that a department store was wrong to fire a Muslim shop assistant because she wanted to wear her headscarf during work (Decision of August 22nd, 2003). Ten years ago, Germany’s highest court ruled that crucifixes would have to be removed from classrooms in Bavaria even if just one student objected to it being exhibited (Decision of May 16th, 1995).