State-Ecclesiastical Law in European Union Law Cover Image

Државно-црквено право у оквиру права Европске уније
State-Ecclesiastical Law in European Union Law

Author(s): Stanka Stjepanović
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: State Church; System of relations; Pluralism; Secularism; Tolerance;
Summary/Abstract: Since Lisbon Treaty has been ratified in December 2009, European Union has been a legal person. Among other competences, it is competent in education, labor and social law. This is an area related to churches and religious communities. European Union is obliged to remain neutral to religion and to express respect towards all religions. European Union should be restrained when it comes to religious law. European Court of Human Rights, within its decisions, shapes the application of Article 9 of the European Convention on Human Rights, on freedom of religion. In many cases, right to freedom of religion is in collision with the right to freedom of expression, guaranteed by article 10 of The Convention. Each of European Union member states constitutions guarantees freedom of religion.