The Recognition of Religion within the Constitutional and Political Order of the European Union
AbstractThis article analyses the recourse to religion as a source of law in the legal and political order of the European Union. It demonstrates that the legitimacy of religious input into law is recognised institutionally, symbolically and substantively. However, religious influence within the Union’s public order must accommodate cultural and humanist influences that can serve to limit attempts to reflect religious teaching in law and which are particularly restrictive of the influence of “outsider” faiths whose demands cannot be routed through culture and those faiths with extensive political ambitions. Thus, the Union’s approach is characterised by a complex and shifting balance between religious, cultural and humanist influences which is struck in a pluralist context that attempts to reconcile the differing balances between such influences in individual Member States with the need to maintain the open and sufficiently religiously neutral common European ethical framework necessary for the functioning of the Union as a polity.
Download InfoIf you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
Bibliographic InfoPaper provided by European Institute, LSE in its series LEQS – LSE 'Europe in Question' Discussion Paper Series with number 10.
Date of creation: Jan 2010
Date of revision:
Religion; Secularism; Constitutional Law; European Union; Fundamental Rights;
This paper has been announced in the following NEP Reports:
- NEP-ALL-2010-03-28 (All new papers)
- NEP-CUL-2010-03-28 (Cultural Economics)
- NEP-PBE-2010-03-28 (Public Economics)
You can help add them by filling out this form.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Katjana Gattermann).
If references are entirely missing, you can add them using this form.