Federica Botti

Protection of the fundamental right to form a union and autonomy of religious denominations

  • Abstract

Informations and abstract

Keywords: art. 11 ECHR Convention - union of clergy and laity - Biserica Ortodoxa Româna (BOR) - autonomy of religious confession - separatism.

A recent decision of the European Court of Human Rights has recognized the legitimacy pursuant art. 11 ECHR to form a mixed union, made up of both clergy and laity, within the Biserica Ortodoxa Romana (BOR) Church. On the one hand, this interpretation can effect the autonomy of a religious denomination bringing religious groups to «secularize» the working agreements in order to guarantee the fundamental right of association. On the other hands, when a religious denomination accepts a State aid, a limitation of its autonomy seems to be an unavoidable consequence.

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