Believing in Secular States. Freedom of Religion and Separation of State and Religion as Legal Concepts in Europe

Defense date: 19/01/2009Examining Board: David Feldman (External Co-Supervisor, Cambridge University), Egbert Myjer (Free University of Amsterdam / European Court of Human Rights), Wojciech Sadurski (Supervisor, EUI), Jacques Ziller (EUI)This thesis examines the meaning and scope of freedom of religion and the principle of separation of state and religion, as well as their interaction, in both theory and practice. The first part explores the theoretical aspects of these two principles and tries to create a basic framework of interpretation for further research. In the second part of the thesis, the practical interaction of freedom of religion and separation o state and religion is examined in four European countries. A recurring question goes to the current and expected European influence on the matters discussed. Throughout the thesis, I will therefore specifically look at European law and the European Convention on Human Rights, if applicable. In matters concerning state and religion, legal and political considerations are intertwined. Nevertheless, it is possible and desirable to define core, legal principles of religious freedom and to distinguish these from questions of a more political character. Discussions on religious freedom would benefit from more consistent judicial reasoning