The constitutional boundaries between religious disciplinary jurisdiction and state jurisdiction in the case law of the Constitutional Court of Romania
The constitutional boundaries between religious disciplinary jurisdiction and state jurisdiction in the case law of the Constitutional Court of Romania

Summary/Abstract: This study highlights and analyzes the decisions of the Constitutional Court of Romania concerning exceptions of unconstitutionality raised against the provisions of Article 26 of Law No. 489/2006 on Religious Freedom and the General Regime of Religious Denominations, with a focus on understanding the rights and limits of the internal disciplinary system of religious denominations in relation to the Romanian legal order. The objective of this study is to analyze the content of the Constitutional Court’s decisions, seeking to capture, on the one hand, the evolution of the interpretation and application of the right to religious freedom in Romania in recent years and, on the other hand, the manner in which religious (ecclesiastical) liability is balanced against various forms of legal liability, particularly civil and criminal liability. The research is based on a classical legal methodology, combining doctrinal and normative analysis with case law analysis, as well as the historical-evolutionary legal method. By presenting and interpreting the constitutional case law of Romania in matters concerning religious law, the study helps correct the perception that two parallel legal systems exist and that the autonomy of religious denominations implies exemption from the jurisdiction of the state legal order.

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