Analiza hotărârii Sindicatul „Păstorul cel Bun” împotriva României
Analiza hotărârii Sindicatul „Păstorul cel Bun” împotriva României

Summary/Abstract: A recent decision of the European Court of Human Rights (“ECHR”) poses a great threat to the freedom of religious association in Europe. On 31 January 2012 the Third Section of the Court decided Sindicatul “Păstorul cel Bun” v. Romania, App. No. 2330/09. The case concerns the ability of priests and lay employees of the Romanian Orthodox Church to found a trade union over the objection of the Church’s leadership. The courts in Romania decided that allowing the union to be registered would violate the Church’s freedom of religion. On the employees’ application to the ECHR, the Third Section rejected the Church’s freedom of religion argument, holding that the Church employees’ right to unionize under the European Convention for the Protection of Human Rights and Fundamental Freedoms (“Convention”) trumped the Church’s ability to control the appointment of its clerical and lay employees.

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