ПРИЛОГ ЗА ЈАВНУ РАСПРАВУ О УСТАВНОСТИ ЗАКОНА О ЦРКВАМА И ВЕРСКИМ ЗАЈЕДНИЦАМА
CONTRIBUTION TO THE PUBLIC DEBATE ON THE CONSTITUTIONALITY OF THE ACT ON CHURCHES AND RELIGIOUS COMMUNITIES OF THE REPUBLIC OF SERBIA

Summary/Abstract: In Octоber 2010 a public hearing was held at the Constitutional Court of the Republic of Serbia on the constitutionality of the Act on churches and religious communities. In the present contribution, prepared for that hearing, right to freedom of religion, prohibition of religious discrimination and the principle of secular state, as guaranteed by the 2006 Constitution of the Republic of Serbia, are considered. Analyzing the content of the given rights and principles in the light of the case-law of the European Court of Human Rights and of comparative law, and applying the normative and historical method of interpretation, the author concludes that certain provisions of the Act on churches and religious communities are incompatible with the Constitution of the Republic of Serbia and the European Convention on Human Rights

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