De la autocefalie la persecuție: evoluția statutului juridic al Bisericii Ortodoxe Române și mărturisitorii credinței în secolul al XX-lea
The evolution of the legal status of the Romanian Orthodox Church and confessors of the faith in the 20th century

Author(s): Cristian Ștefan
Subject(s): Theology and Religion, History of Religion
Published by: Editura Doxologia
Keywords: autocephaly; religious freedom; communist persecution; confessors of faith;
Summary/Abstract: This article examines the historical and juridical evolution of the Romanian Orthodox Church (ROC) throughout the twentieth century, emphasizing the tension between canonical autonomy and political subordination. Beginning with the recognition of autocephaly in 1885 and the proclamation of the Patriarchate in 1925, the ROC consolidated its institutional identity as both a spiritual authority and a national symbol. However, the communist regime (1945-1989) imposed a radical transformation of its legal status, turning the Church into a subject of state control. The 1948 Cults Law and Decree 410/1959 illustrate the systemic attempt to dismantle ecclesiastical autonomy, restrict monastic life, and suppress theological education. Methodologically, the study integrates canonical analysis, constitutional provisions, and historical case studies of religious persecution. It highlights the paradox of a Church formally recognized as a legal entity but deprived of substantive religious freedom. Central to this narrative are the confessors of faith – hierarchs, clergy, monastics, and laypersons – who resisted ideological pressure and bore witness to the faith in prisons such as Aiud, Pitești, and Sighet. Their testimony represents both a moral resistance to totalitarianism and a juridical reminder of the fragility of religious freedom under authoritarian regimes. After the fall of communism in 1989, the ROC regained its full juridical autonomy within the framework of a democratic constitution. The 1991 and 2003 Constitutions, together with Law no. 489/2006 on religious freedom, redefined Church-State relations in terms of cooperative neutrality. At the same time, the canonization of confessors and martyrs of the communist prisons reflects the rehabilitation of memory and the restoration of ecclesial dignity. The article concludes that the trajectory of the ROC – from autocephaly to persecution and then to post-communist rehabilitation – illustrates the dynamic interplay between law, theology, and history. It also underscores the importance of confessors of faith as both spiritual witnesses and juridical actors in the defense of human dignity and religious liberty.

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