Freedom of religion and belief in internal and external European Union policies

Knežević Bojović, Ana and Ćorić, Vesna (2023) Freedom of religion and belief in internal and external European Union policies. In: Savremeno državno-crkveno pravo. Institut za uporedno pravo : Pravoslavna Mitropolija Crnogorsko-primorska, Beograd : Budva, pp. 793-828. ISBN 978-86-82582-04-5

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Abstract

The European Union (EU) has carved out a specific approach to the issues of religion and belief in its legislative framework and policies, which is largely aligned with the standards built through the interpretation of the European Convention on Human Rights. Litigation on the issue of freedom of religion and belief is on the rise before the Court of Justice of the European Union (CJEU), while in parallel the EU seems to be stepping up its efforts to tackle the given issue in its internal and external actions. The EU approach to the issue of freedom of religion or belief, remains somewhat fragmented, while its internal and external policies are not always mutually aligned. The paper provides an overview of EU’s regulatory and monitoring framework related to the freedom of religion and belief in EU’s internal and external policies, and outlines the developments in the CJEU caselaw concerning the prohibition of discrimination in the area of employment and in the context of the refugee status. The paper points out the limitations of the current EU approach.

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