Church and State in Europe

elective courses
general courses

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Remote learning

The course is designed to develop and expand students’ knowledge about the legal aspect of the relations between religious institutions and the European states. It is focused on analyzing how the jurisprudence of the European Court of Human Rights has influenced the national legal systems, but also on the contribution of these systems to the standards established in the European legal space.

This course aims to promote an enquiring and critical approach to the study of law and religion in the European legal space. It provides an introduction to the theory of law and religious studies, at the same time addressing the case-law of the European Court of Human Rights in religious matters.

The course covers i.e. the following issues: constitutional provisions regarding the institutional aspect of the freedom of conscience and religion: secularity in today’s legal contexts; the scope of religious autonomy; the right of religious denominations to association and to acquire legal personality; cooperation between the state and the church; proper v improper proselytism; religious symbols in the public space; religion in the public schools; the state vis-a-vis new religious movements; Islam in the European legal space.

N Doe, Law and Religion in Europe. A Comparative Introduction (OUP 2011)

WC Durham, Jr and BG Scharfs, Law and Religion: National, International and Comparative Perspectives (Aspen 2010)

S Ferrari (ed), Routledge Handbook of Law and Religion (Routledge 2015)

R McCrea, Religion and the Public Order of the European Union (OUP 2010)

R Uitz, Freedom of religion in European constitutional and international case law (Council of Europe 2007)

L Zucca and C Ungureanu (eds), Law, State and Religion in the New Europe: Debates and Dilemmas (CUP 2012)

Please note that the students will be asked to read selected ECtHR judgments as well.

After the course the students will be able to:

– identify and describe the European standard of protection of religious freedom;

– recall and reproduce the legal terminology used to describe the relations between the State and the religious institutions;

– comment on the case-law of the European Court of Human Rights in religious matters;

– express their opinions on the perspective of the evolution of selected national models;

– compare how various European states deal with similar legal issues regarding religion;

– describe and appreciate diversity in matters of legal relations between various European states and religious organizations.

regular attendance; active participation or final test (if needed)

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