| Description |
1 online resource (78 pages) |
| Series |
Brill Research Perspectives Ser |
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Brill Research Perspectives Ser
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| Contents |
Intro; Contents; Religious Courts in the Jurisprudence of the European Court of Human Rights; Abstract; Keywords; 1 Introduction; 1.1 Background: The Religious Courts at a Glance; 1.2 The Case Law of the ECtHR; 1.3 Cases Seen from Different Perspectives; 1.4 No Cross-references to Previous ECtHR Cases and Other Technical Matters; 2 Religious Courts: Their Structures and Their Legal Standing; 2.1 Religious Courts: Sources of Law and Structures; 2.2 Religious Courts and Their Legal Standing in European Countries |
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3 Important Decisions and Judgments of the European Court (and the European Commission) of Human Rights, Not Referring Directly to Religious Courts3.1 Karlsson (1988)-The Swedish Government and Appeals from a Diocesan Chapter; 3.2 Williamson (1995)-Challenging a Church Measure before the English (State) Courts; 3.3 Implicitly, Only Church Courts Are Competent to Adjudicate a Case of Compulsory Retirement-The Case of the Protestant Clergyman in X v Federal Republic of Germany (1981) |
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3.4 State Interference in the Functioning of Churches and Religious Associations (Autonomy of Churches and Religious Communities)3.5 Episodic Roles of Religious Courts; 3.6 Cases in Which the Applicants and the Domestic (State) Courts Referred to the Internal Law of Churches and Religious Communities But Made No Reference to Their Religious Courts; 4 Relations between Religious Courts and State Courts in Strasbourg Case-Law; 4.1 No Answer to the Question Whether the Consistory Courts of the Church of Denmark Provide Proper Legal Protection-(Clergyman) X v. Denmark (1976) |
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4.2 The Consistory Court of the Church of England as an Impartial Court under Article 6 ECHR-Tyler (1993)4.3 The Cathedral Chapter of the Evangelical Lutheran Church of Finland Is Not Impartial: Helle (1997); No Comment: Ahtinen (2008); as to Length of Process: Launikari (2000); 4.4 Decisions of Church Courts of the Greek Orthodox Church Are Not Subject to Review by State Courts-Skordas (2000); 4.5 Court of Arbitration and Administration of the Central Council of Jews in Germany Entitled to Decide Who Is and Who Is Not a Representative of the Jewish Community-Kohn (2000) |
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4.6 Indirect Criticism of Proceedings before Catholic Courts-Pellegrini (2001)4.7 Israeli Rabbinical Courts as Competent Courts-Eskinazi and Chelouche (2005); 4.8 A Judgment of the Supreme Tribunal of the Apostolic Signature Is in the Slovakian Legal System a Factual Not a Legal Element-Šupa (2007); 4.9 Reuter: Tacit Confirmation That Courts of the (Evangelical Church) Are the Only Competent Bodies, in Germany (2011) |
| Summary |
"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" |
| Notes |
4.10 Courts of the Reformed Church of Hungary Are (by Implication) Competent to Adjudicate and (Explicitly) the State Cannot Assure Enforceability of Ecclesiastical Judgments-Károly Nagy v. Hungary (2017) |
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Print version record |
| Subject |
European Court of Human Rights.
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| SUBJECT |
European Court of Human Rights fast |
| Subject |
Religious courts -- Europe
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Freedom of religion -- Europe -- Cases
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Civil rights -- Europe -- Cases
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Human rights.
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Human Rights
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Civil rights
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Freedom of religion
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Human rights
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Europe
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| Genre/Form |
Trials, litigation, etc.
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| Form |
Electronic book
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| ISBN |
9004416501 |
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9789004416505 |
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