The Law of Discrimination in European and Romanian State Legislation and Its (Un)Applicability in the Orthodox Worship
The Law of Discrimination in European and Romanian State Legislation and Its (Un)Applicability in the Orthodox Worship

Summary/Abstract: In Romania, religious cults are recognized by the state authority in accordance with Law no. 489/2006 on the general regime of religious cults. Based on this law, the current Statute for the organization and functioning of the Romanian Orthodox Church was issued in 2008, which was published in Monitorul Official al României, as a condition for the recognition of the Orthodox cult by the state, being named “Constitution of the Church”, as in 1923 and 1948. The provisions of this law, the Statute, the Church Regulations and the Synodal Decisions issued in accordance with the “Constitution of the Church” contain certain provisions which, although based on Holy Scripture and the Holy Canons, could contradict the law of discrimination. However, analyzing them in the context of domestic and international legislation in the field, these provisions are exceptions to the applicability of general laws because they fall within the scope of special rules that derogate from the general ones, as so well specified in art. 3, paragraph 2 of Council Directive 2000/78 / EC of 27 November 2000. We will analyze some aspects that over time have been cases in the field, some of them ending with actions in the courts, the solutions given being challenged by the wrongful party including the European Court of Human Rights (ECHR).

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