Efectele art. 9 din Convenţia europeană a drepturilor omului asupra Statutului funcţionarului public naţional. Cazul României
Effects of art. 9 of the European Convention on Human Rights on the Status of National Public Servants. The Romanian Case

Summary/Abstract: freedom of religion of national public servants can no longer be analyzed other than in strict (and almost indissoluble) connection with the case-law generated by the European Court of Human Rights while applying and (thus) interpreting article 9 of the European Convention on Human Rights. The analysis of this freedom involves discussing various issues, such as: the reference to divinity (or to a certain divinity) in the oath of office that all public national servants must take; the manifestation of a national public servant’s religious beliefs in the place where he exercises, according to law, the attributions of his job, manifestation sometimes likely to amount to gestures of proselytism; the refusal of a public servant to exercise his attributions on certain days (that are, in his system of religious values, holidays) or during certain hours.

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