Eredità e libertà. Il ruolo della libertà religiosa nel diritto dell'Unione Europea

Heritage and Freedom. The Role of Religious Freedom in European Union Law. The role of religion in the legal system of the European Union can be described with the two key concepts of heritage and freedom. Heritage because it is hard to doubt that religion, particularly, but not exclusively, the Judeo-Christian tradition, played an important role in the development of the European culture. Freedom, on the other hand, is a concept that forms integral part of the entire legal system of the Union, based on the values of respect and protection of human rights and fundamental freedoms. Nevertheless, as the Member States’ traditions and socio-political structures have deeply different attitudes towards the position of religion in the public sphere, the issue of a recognition of the religious heritage in the founding Treaties proved to be controversial, whereas on the contrary all Member States share a common commitment towards the freedom of religion. In the EU legal system the freedom of religion assumes a plurality of forms, from the prohibition of any discrimination directly or indirectly based on religion, to the relevance of religious discrimination or persecution in the attribution of refugee status, to the promotion, through the EU’s external action, of the freedom of religion in third countries. The churches and other religious or philosophical institutions also have a role as active and influential components of the European civil society, and as such they are involved in the dialogue with EU institutions, on the basis of the principles of freedom, transparency and non-discrimination, although the definition of the legal status of religious institutions remains within the exclusive competence of the Member States under Article 17 TFEU. Against this complex background, the Union is facing challenges that may test the coherence of the whole system of protection of the freedom of religion, such as the accession of States with a majority of Muslim population and massive immigration from countries with diversified religious traditions.