Religious Courts in the Jurisprudence of the European Court of Human Rights

Erscheinungsjahr 2019
ISBN: 978-90-04-41648-2
Verlag: Brill

Buch, Englisch, 72 Seiten, Format (B × H): 151 mm x 233 mm, Gewicht: 128 g

Reihe: Brill Research Perspectives in International Law / Brill Research Perspectives in Law and Religion

Religious courts have been part of the European legal landscape for centuries. Almost all churches and religious communities have their own judicial systems, often composed of courts or tribunals ordered hierarchically. The aim of this book is to present cases from the jurisprudence of the European Court of Human Rights, in which a religious court was involved at the stage of domestic proceedings. The twelve cases in question originate from a number of European States, in which the applicants belonged to many denominations, although predominantly Christian. The Court of Human Rights has mainly been concerned with religious courts in terms of compliance with the requirement for a fair hearing by an independent and impartial tribunal under Article 6 of the European Convention of Human Rights and has come to various conclusions. The most recent judgment from September 2017, Nagy v. Hungary, and in particular many associated dissenting opinions, demonstrate that the matter is worthy of study, particularly in the contemporary context of religious freedom.

Autoren/Hrsg.

Rynkowski, Michal

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte
• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Öffentliches Recht (inkl. EMRK)

Inhaltsverzeichnis

Religious Courts in the Jurisprudence of the European Court of Human Rights

Michal Rynkowski

Abstract

Keywords

1 Introduction

2 Religious Courts: Their Structures and Their Legal Standing

3 Important Decisions and Judgments of the European Court (and the European Commission) of Human Rights, Not Referring Directly to Religious Courts

4 Relations between Religious Courts and State Courts in Strasbourg Case-Law

5 Conclusions and Outlook

Bibliography

Über Autor(innen)

Michal Rynkowski, Ph.D. (2003), Habilitation (2014) is a former Assistant Professor at the Chair of International and European Law, University of Wroclaw. As from 2006 he works as an official of the European Commission. He has published several articles in the field of the EU law and ecclesiastical law.