L’(in)constitutionnalité du clergé militaire
The (un)constitutionality of military clergy

Summary/Abstract: Romanian legislation concerning the military clergy, including military priests who are both priests and public servants, as active officers, is unconstitutional, as access to and maintenance of this public service is discriminatory according to religion and gender, with non-believers and women excluded. Given the State's constitutional obligation to facilitate religious assistance within the armed forces and the autonomy of religious cults, the very existence of the legal institution of military clergy is constitutional, the concrete legislative constitutional solution being that of an administrative contract for the provision of religious assistance services within the armed forces, concluded by the State with each religious cult, under which the religious cult designates, according to its own rules, the priests who, once approved by the State, become military priests, but who are not public servants, and the State pays each religious cult for the religious assistance provided to the military personnel.

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