Abstract

Recently there have been some statements made on the right to education understood as a prism comprising the problems of the legal status of religion teachers as well as income support for students which are worth considering. Regarding the first aspect, the Author refers to the Court of Ragusa n. 571/2017 decision, which is particularly interesting because the judge proposed an accurate reconstruction of the status of religion teachers from which it emerges that one of the most effective tools for the protection of this teacher category has already been instituted by law. The actual legal decision demonstrates its effectiveness when it comes to guaranteeing the teacher's right to teach by providing an ad hoc figure, the Diocesan Ordinary, who acts in harmony with the purpose of the agreements and their typical content. On the other hand, as regards the problem of income support for students, the Author examines a decision by the State Council on the "good school", to reach the conclusion that a "substantialistic" approach has now definitively entered into the Italian legal system. This is due mostly to the push of European and supranational jurisprudence which has enhanced the material and substantial aspects of the formal ones, opening the way to a kind of judgment that is not limited to "form" but rather "content".