Monica Lugato (LUMSA-Rome) has posted a new article, National Policy Towards Religious Associations within the Framework of European Law, on SSRN. The abstract follows:
The article discusses the current status of policy towards religion as a national competence within the framework of European law. It submits on the one hand that, in the present stage of European integration, core decisions concerning the public dealing with religion and religious communities are inherently a national policy domain. However, because religion is at the same time an element of the Member States’ national identities, one of the sources of the founding values of the European Union and a fundamental freedom both nationally, internationally and within EU law, the scope of such inalienable policy domain is shaped, through an on-going process, not only by national law implementing national policy choices on religion, but also by EU law aimed at preserving national identities and the identity and specific contribution of religious (and philosophical and non-confessional organizations) associations, as they have historically and culturally developed within the national States, while at the same time safeguarding the EU framework on fundamental freedoms and fundamental rights; and, finally, by international rules on freedom of religion limiting Member States’ and the EU’s freedom in the same area.