Il caso della moschea di Sesto San Giovanni

In a controversy between the Municipality of Sesto San Giovanni and an association authorized to build a mosque, the administrative tribunal of Milan develops some potentialities of judgment no. 63/2016 of the Italian Constitutional court and connects administrative discretion in urban planning with the constitutional duty to enact freedom of religion and substantive equality (articles 19 and 3, para. II, of the Italian Constitution). The essay summarizes the controversy, the ruling by the admin-istrative court and its interpretation of the constitutional judgement. This interpretation seems cor-rect and could be applied also to other aspects of administrative discretion in this field.