Churches Autonomies and European Case Law : new trends towards a general proportionnality theory

Christians, Louis-Léon
(2013) European Convention on Human Rights and the Churches : Recent jurisprudence of the ECHR and challenges in the new fundamental rights framework — Location: Brussels (21.February.2013)

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The paper analyses the new trends of the ECHR jurisprudence on church autonomy. Waiver test, centrality test, contextual exit test are becoming more complex and could be described together as a growing proportional test. Despite this evolution, the ECHR confirmation in favor of a high margin of appreciation for State-Churches relations leads to a new procedural but paradoxical approach: the more religious law is complex, the more it must be explained by the applicant and discussed by the Courts.
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Christians, L.-L. (2013). Churches Autonomies and European Case Law : new trends towards a general proportionnality theory. European Convention on Human Rights and the Churches : Recent jurisprudence of the ECHR and challenges in the new fundamental rights framework, Brussels. https://hdl.handle.net/2078.5/58481