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

Michał Rynkowski (Autor)

Buch | Softcover

78 Seiten

2019
Brill (Verlag)
978-90-04-41648-2 (ISBN)

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In the 60 years of its existence, the European Court of Human Rights has handled only twelve cases in which a religious court was involved at stage of domestic proceedings. These cases originated from a number of European States and the Court came to various conclusions, which are presented in this book.

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.

Michał Rynkowski, Ph.D. (2003), Habilitation (2014) is a former Assistant Professor at the Chair of International and European Law, University of Wrocław. 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.

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

Michał 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

Erscheinungsdatum	19.09.2019
Reihe/Serie	Brill Research Perspectives in Law and Religion
Verlagsort	Leiden
Sprache	englisch
Maße	155 x 235 mm
Gewicht	142 g
Themenwelt	Geisteswissenschaften ► Philosophie ► Ethik
	Recht / Steuern ► Allgemeines / Lexika
	Recht / Steuern ► EU / Internationales Recht
	Recht / Steuern ► Öffentliches Recht ► Völkerrecht
ISBN-10	90-04-41648-X / 900441648X
ISBN-13	978-90-04-41648-2 / 9789004416482
Zustand	Neuware