Freedom of Religion as Part of EU “Ideology” Cover Image

СЛОБОДА ВЕРОИСПОВЕСТИ КАО ДЕО "ИДЕОЛОГИЈЕ" ЕВРОПСКЕ УНИЈЕ
Freedom of Religion as Part of EU “Ideology”

Author(s): Renata Treneska-Deskoska
Subject(s): Constitutional Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Правни факултет Универзитета у Нишу
Keywords: freedom of religion; religion; European Court of Human Rights; European Convention of Human Rights; Charter of Human Rights; Constitutional Court of the Republic of Macedonia

Summary/Abstract: It has been already written that Europe is not geographical entity but an „imagined space„, created out of our mental maps. That supports the idea that Europe is entity with fluid borders, which „are matter of ideology and politics rather than cartography„. When EU launched the Common Foreign and Security Policy, it placed human rights at the heart of this ideology and policy. Individual rights, the rule of law and constitutional democracy are condition for EU entry for all countries candidates for EU members. This paper will analyze the meaning and content of the freedom of religion according to the EU standards. The emphasis will be given to the Article 9 of the European Convention of Human Rights and its interpretation by the European Court of Human Rights. The most important cases, in which violation of Article 9 was established, will be analyzed. The importance of the issue of freedom of religion for EU can be seen in the adopted EU Guidelines on the promotion and protection of the freedom of religion or belief on which this paper will also point. Also, this paper will point to the constitutional and legal frame on freedom of religion in Macedonia, as well as to the interpretation of the Constitutional court of the Republic of Macedonia to the freedom of religion. Also, Macedonia was brought in front of the European Court of Human Rights with regard to the Article 9. Case Kosteski v Macedonia is one of the cases with broader meaning in which the issue of the need to prove the belongingness in certain religion, in order to enjoy the rights that belong to the members of that religion was raised. The judicial portfolio of Macedonia in front of the European Court of Human rights regarding freedom of religion will be also subject of analysis.

  • Issue Year: LIII/2014
  • Issue No: 68
  • Page Range: 65-81
  • Page Count: 17
  • Language: Serbian