Конституционен и законов статус на вероизповеданията в България
Constitutional and Legal Status of Religious Denominations in Bulgaria

Author(s): Mariya Kyoseva
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Canon Law / Church Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: constitution; legal status; religious denomination
Summary/Abstract: When considering the status of religious denominations in Bulgaria the first aspect to be analysed are is constitutional norms and principles. Prior to the interpretation of the norms it is necessary to clarify the meaning and the usage of the terms: religious denominations, religion, religious institutions, religious communities, religious convictions. The constitutional model of the regulation of religious denominations is based on some principles, which are fundamental for the legal specification of this social relations category and are basic principles for the systematic interpretation of the legal norms: the principle of freedom of religion (Article 13, (1) Constitution of Bulgaria); the principle of separation of religion from the State (Art 13, (2)); the principle of tolerance and respect among believers adhering to different denominations, as well as between believers and non-believers.(Art 37 (1)). Significant characteristics of the Bulgarian constitution in the light of the discussed principles, which are related to all religious denominations, is the declaration of the Eastern Orthodox Christianity as a traditional religion in the Republic of Bulgaria (Art 13. (3)). The traditional character of Eastern Orthodox Christianity expresses its cultural and historical role and significance for the Bulgarian state as well as the its current significance for the state life that is reflected mainly in the system of national holidays. A special legislative act - The Religious Denominations Act - establishes the right to religious freedom and its protection as well as the legal status of religious communities and institutions and their relations with the State, respectively the institutional autonomy and self-dependency of religious denomination. The observation of constitutional principles is guaranteed on a legislative level and that is with accordance with the constant practice of the Constitutional court and of the courts in the Republic of Bulgaria.

• Details
• Contents