Stosunek Wspólnot Europejskich i Unii Europejskiej do Kościołów

Abstrakt

European integration that at first only was concerned with the economic and political planes, now starts taking into consideration cultural and social factors. Among the Member States the consciousness is growing that the Community needs a defined system of values that would be based on the principles of democracy and respect for the cultures and traditions of particular Member States.

The present article undertakes the problems of the place and role of Churches in the uniting Europe.

The subject of an analysis is art. 6(F) of the Treaty about the European Union including art. 9 of the European Convention on Protection of Human Rights and Fundamental Liberties and the text of the declaration accepted by the Council of Europe and concerning the status enjoyed by Churches and religious associations and communities of the Member States.

The European Union, respecting the national identity of its Member States, ipso facto recognizes Christianity's contribution in the development of these states. Respecting the autonomy of the Member States is conditioned by pluralism in the State-Church relations.

Also taking into consideration - by the Community’s legislature - the fundamental laws that are guaranteed by the Convention and that follow from the constitutional traditions common for the Member States as general principles of community law. makes obligatory respecting the fundamental rules of the Church’s and State’s order.

The European Commission for Human Rights has stated that the Convention, securing everybody’s right to publicly manifest his convictions, individually or together with others, also confirms the Churches' freedom to act.