Wolność religii i wolność ode religii - model europejski
Freedom of Religion and Freedom from Religion - The European Model

Summary/Abstract: The article concerns the contemporary debate about the place of religion in European public space. In recent years, there has been an important discussion regarding the possible reference to “Christian Roots” in the Preamble to the Constitution of the EU and the ECHR Lautsi decision. There is no contestation in Europe about the principle of freedom of and from religion. There is, however, a contestation about the most suitable way to regulate the symbolic and iconographic entanglement of Church and State. The laïque position is surely not “neutral” about that contestation. It is as much of a polar position as the ‘non-laïque’ position. It does not simply provide a way to choose a side. It is a side. The solution to this difficult situation appears to be constitutional pluralism. It must be remembered that the tradition of human rights and the dignity of man does not only derive from the Enlightenment, Neo-Kantianism and the French Revolution. Europe’s political culture has always drawn on two sources – Athens and Jerusalem – and their evolving incarnations. Constitutional pluralism is a manifestation of that rich tension and synthesis of these two traditions.

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