Abstract
The main idea of article is that, even if EU has no competence in religious matters, what we can observe now is a creation of a very specific policy on religion. (1) Herein, I explain why the EU is interested in religion and how it is improving its competence with respect to it. Mostly, this is achieved by a transformation of religious matters into secular ones, falling under EU competences. I consider how the EU is treating religious matters in its primary and secondary law. Then, migration and accession policy are analyzed from the point of view of results for the religious structure of the European societies. Next, the issue of religion in the EU external policy is shortly studied as well as the impact of ECtHR and the European Court of Justice—ECJ jurisprudence on religious communities. Finally, we have a description of res novae in the EU approach to religion. The article adopts the Catholic perspective. This applies both to anthropology and to the institutional aspect. (2) The main methods used in the paper are analytical-synthetic and the analysis of legal texts. (3) We can justly talk about the EU policy on religion in statu nascendi. This policy is organized differently than at the nation-states level. (4) EU politicians need churches and religious communities to legitimize their political decisions and the integration process in general. They are tempted to “domesticate” religions and religious leaders and change religions from within. In this way, the political world subjugates the world of religion and takes control of it, which may result in a new kind of politics and legal resacralization.
Highlights
The main idea of article is that, even if EU has no competence in religious matters, what we can observe now is a creation of a very specific policy on religion. (1) I explain why the EU is interested in religion and how it is improving its competence with respect to it
(3) We can justly talk about the EU policy on religion in statu nascendi
The political world subjugates the world of religion and takes control of it, which may result in a new kind of politics and legal resacralization
Summary
What is policy on religion? we use this concept relatively often, especially in post-communist countries in which dedicated ministries or their confessional departments existed, generally when someone speaks on this matter, one does not speak about policy but about law on religion, i.e., the law regarding religion, religious communities, and religious institutions. If the state were to pursue policy on religion, i.e., policy regarding religious communities and institutions, the question arises about the reasons for, and objectives of such action. Why should the state be interested in religion and religious communities at all? The idea of tolerance understood in this way implicitly believes that, at least in the said area of doctrinal disputes, state authority is not competent It does not know, which religious doctrine is more effective when it comes to the possibility of getting to heaven (Locke 1983). The greatness of wisdom, which is nothing if not of God, is invisible to the carnal-minded and to the clever These are three orders differing in kind” This led to the development in Europe of a model of autonomy, independence, and healthy cooperation between the institutions of the state and the Church, as enshrined, for example, in the Council Constitution Gaudium et Spes
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