Freedom of Religion and Legal Status of Churches and Religion Communities in Europe Cover Image

Слобода вероисповести и правни субјективитет цркава и верских заједница у европским земљама
Freedom of Religion and Legal Status of Churches and Religion Communities in Europe

Author(s): Vladimir Đurić
Subject(s): Constitutional Law, International Law, Politics and religion, Canon Law / Church Law
Published by: Institut za uporedno pravo
Keywords: freedom of religion; constitution; churches and religious communities; registration;

Summary/Abstract: The collective dimension of religious freedom is the legal basis for the autonomous existence of churches and religious communities. The freedom of religion enjoyed in community and freely manifestation of religion or faith are guaranteed by the European countries constitutions. The churches and religious communities are separate constitutional category in most of the constitutional systems. Also, in most countries which were analyzed, the multi – level system of regulation of state church relations and the legal status of churches and religious communities has been adopted. Those issues are governed by different legal acts - not only by the provisions of the constitutions, but also by international treaties, ordinary laws and agreements between state and churches and religious communities. The treatment received by religious communities is determined by the system of sources of law, and vice versa. In all analyzed countries, churches and religious communities do not have identical legal status. Some of them have the status of public law corporations, while some are private law associations. The newly established churches and religious communities in most of analyzed countries acquire legal personality by the formal registrations. To be registered or to be recognized as a public law bodies, or associations with special rights in state legal order, churches and religious communities should meet certain conditions – to gather a certain number of persons, to have own religious teaching, to have basic legal act which regulates organizational structure and member’s rights and duties, to exist a certain period of time before the registration or recognition of special status, as well as to express loyalty to the legal order and to fulfill obligations to the state.

  • Issue Year: 2012
  • Issue No: 1
  • Page Range: 24-52
  • Page Count: 29
  • Language: Serbian