Christians, Louis-Léon
[UCL]
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.
Bibliographic reference |
Christians, Louis-Léon. 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, du 21/02/2013 au 22/02/2013). |
Permanent URL |
http://hdl.handle.net/2078.1/127013 |