Ustav Srbije: Striktna ili kooperativna odvojenost crkve i države?
Constitution of Serbia: Strict or cooperative separation of church and state?

Author(s): Marija Draškić
Subject(s): Christian Theology and Religion, Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Theology and Religion, Politics and religion
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; church; state; secularism; Republic of Serbia; Act on Churches and Religious Communities; religion; religious communities;
Summary/Abstract: This article is prepared to review some dilemmas concerning the decision on the constitutionality of the Act on Churches and Religious Communities given by the Constitutional Court of the Republic of Serbia in January 2013. The principal of secular state as guaranteed by the Serbian Constitution of 2006 has been tested within the norms on the assistance of the state in enforcement of the decisions and judgments delivered by the churches and other religious organizations, on one hand, and on the rules on the religious instruction in public schools, on the other hand. Taking into account comparative, theoretical and normative method of interpretation, the author concludes that certain provisions of the Serbian Act on Churches and Religious Communities is not in accordance with The Serbian Constitution and the European Convention on Human Rights.

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