Sloboda veroispovesti i pravni subjektivitet crkava i verskih zajednica u zemljama bivše Jugoslavije
Freedom of Religion and the Legal Personality of Churches and Religious Communities in the Former Yugoslav Countries

Author(s): Vladimir Đurić
Subject(s): Constitutional Law, Politics and religion
Published by: Institut za uporedno pravo
Keywords: freedom of religion; Constitution; church; religious community; legal personality
Summary/Abstract: Freedom of religion is not only individual right, but also freedom that is enjoyed in community with others. In this paper the author analyses the institutional or corporate dimension of freedom of religion, its constitutional and statutory regulation in the former Yugoslavia countries. In all constitutional systems, churches and religious communities are separate from the state. Legal regulation of the institutional dimension of freedom of religion is based on the notion that churches and religious communities are subjects of corporate religious freedom. Their legal identity is determined, inter alia, by their religious identity. The acquisition of legal personality of churches and religious communities is carried out through their registration in specific administrative procedure, but the continuity of action of some churches and religious communities and the special status of traditional churches and religious communities are recognized by the law in several countries. Legislations of the former Yugoslav republics recognize the special character of legal personality of churches and religious communities. That special character is in function of maintaining the cooperation between state and churches and religious communities which exists in the public domain and which is not excluded by the constitutional principle of separation of state from the churches and religious communities.

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