McCrea, Ronan;
(2020)
Religion in the constitutional order of the European Union.
In: Mancini, Susanna, (ed.)
Constitutions and religion.
(pp. 307-320).
Edward Elgar
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Abstract
The issues that arise in the relationship between religion and the constitutional order in liberal democracies generally also arise in the constitutional order of the European Union, but they do so in a distinctive form. 1 Like most polities, the EU’s approach to religion must address itself to the question of the separation of religious and political authority, the limits of religious freedom and the reconciliation of the idea of state neutrality towards religion with the reality of that particular religions have had a significant (usually foundational) influence on national cul- tures. However, the EU must carry out this task conscious of its own limited democratic legit- imacy and the consequent requirement that it balance its need to develop and protect its own distinctive constitutional values with the need to respect member state autonomy in religious matters. This dilemma is particularly acute because EU law is used not only to form the EU’s own approach to religion, but also – in common with the European Convention on Human Rights (ECHR) – as a means to challenge national settlements on religious matters. This role can be engaged when an individual or institution brings a case before the Court of Justice of the European Union (CJEU) alleging that a national law or practice relating to religion that falls within the scope of EU law violates EU legislation or shared European fundamental rights norms. Given the sensitivity of religious issues, this is a role that the EU is usually reluctant to take on; and to date, the approach of EU law has been largely, but not totally, ‘hands off’. The approach of the EU’s constitutional order to religion can be broken down into three main themes. The first section of this chapter deals with the relationship between religion and state under EU law. The second deals with the EU’s approach to freedom of religion; and the third deals with anti-discrimination law, which is the area of EU legal competence most likely to interfere with national arrangements relating to religion.
| Type: | Book chapter |
|---|---|
| Title: | Religion in the constitutional order of the European Union |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.4337/9781786439291.00026 |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery-pp.ucl.ac.uk/id/eprint/10183397 |
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