Слобода вероисповести у јуриспруденцији европских уставних судова
Freedom of religion in the jurisprudence of European constitutional courts

Author(s): Vladimir Đurić
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law, EU-Legislation, Sociology of Law
Published by: Institut za uporedno pravo
Keywords: freedom of religion; constitutional law; international human rights; constitutional courts; state–church relations; religious rights jurisprudence; collective religious freedom
Summary/Abstract: The author analyzes the understanding of freedom of religion, its regulation and application, through an overview of the regulation of freedom of religion in international acts and national constitutions. Of the international acts, the regulation of freedom of religion is shown in the International Covenant on Civil and Political Rights and the European Convention for the Protection of Human Rights and Fundamental Freedoms. and later, the constitutional provisions of the countries whose jurisprudence was analyzed were also presented. We are talking about the Federal Republic of Germany, Austria, Italy, Spain, Hungary, and Slovenia, and at the appropriate places in the work, the relevant judicial practice of the authorities responsible for the control of the constitutionality of France, Bulgaria, Russia, Macedonia and Croatia is presented. In the second part, the understanding of the content and essence of freedom of religion in the jurisprudence of constitutional courts is presented. The constitutional courts broadly understood the freedom of religion, determining it as one of the basic freedoms that constitute the fundamental value of the constitutional order. Basing their understanding on the constitutional provisions, the constitutional courts expressly emphasized that freedom of religion implies an individual right, but also has a collective aspect, that is, to be enjoyed in community with others. In the third part of the paper, the understandings of the constitutional courts on the relationship between the state and churches and religious communities were discussed. Before considering the freedom of religion as an individual right and the enjoyment of freedom of religion in the community, in the fourth part, the author examined, as a preliminary question, the determination of religion in the jurisprudence of the constitutional courts. Although self-awareness plays an important role in the development of freedom of religion, the author notes in this part of the book that the constitutional courts were of the opinion that it was not enough for someone to present his actions as guided or bound by faith, but that the claim must be credible.

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