ECLJ Cases

The European Centre for Law and Justice rigorously advocates the protection of religious freedoms, dignity of the person and preservation of the traditional family model at all levels of Europe, both nationally and with the European Court of Human Rights and European Parliament.

The European Centre for Law and Justice has, for example, worked with Members of European Parliament in legal interventions in cases before the European Court of Human Rights and the Colombian Supreme Court on the abortion issue. The Centre has worked with legislators both nationally and at the European Union level on such issues and homosexual marriage and embryonic stem cell research. In addition to this, the ECLJ routinely does high level analyses for Members of European Parliament on EU legislative proposals. The Centre also works nationally, providing briefs for the highest courts in nations like Sweden, Cyprus, Slovakia and elsewhere.

Here are but a few examples of the important work the European Centre of Law and Justice has been doing:

Eglise Evangélique de Besançon v. France
Founded in 1963 and registered with the Department of the Prefecture of the Doubs on December 24, 1963, the Association was formed under French law in accordance with the provisions of the Acts of July 1, 1901 and December 9, 1905.  The Association received a receipt for its registration and proceeded to grow and develop as a congregation with several thousand members for the next thirty years.  During that time, it maintained certain tax arrangements afforded to religious associations. On December 22, 1995, a parliamentary report was published by a committee of inquiry into cults.  The Association was listed as a "cult" and subject to financial auditing under the implementation of new anti-cult policy.  This auditing aimed to inspect tax histories of alleged cults "with the advisability of the prosecution to be examined in a spirit of particular severity." According to the report of February 29, 1996, the Association adopted a new name and again applied and received registration as a religious association from the Department of the Prefecture of the Doubs under the designations of the Act of 1905. Shortly thereafter, between July 2 and September 30, 1996, the Association underwent a tax audit for the period of time between January 1, 1993 and December 31, 1995.  The end result was a triple fine for the property taxes, fees for registration of constructed property, and taxes on personal donations.  The administration conducting the audit had determined the Association was not "religious" and, therefore, enjoyed no tax benefits or exemptions. The Association turned to the Tax Office ("Office"), the Department of the Prefecture of the Doubs, and eventually the court system for reprieve from the taxes and acknowledgement of its legitimate religious status. An application was introduced to the ECHR on June 12, 2007.

Holy Synod of the Bulgarian Orthodox Church and Others v. Bulgaria
ECLJ and attorney Latchezar Popov brought suit at the European Court of Human Rights following the July 21, 2004 raid of 250 Holy Synod churches by Bulgarian authorities without a court warrant, at times forcefully removing or beating priests who resisted the removal. The takings were done as part of a government action to end the schism between the two prominent Orthodox denominations. The takings, condemned by the Helsinki Commission, contravened European Court of Human Rights law which demands that governments remain neutral in matters involving two rival churches in schism, respecting the European principles of tolerance and pluralism. The Holy Synod case represents, to date, the largest religious freedoms damages claim at the European Court of Human Rights and the judgment will largely determine the future of the Holy Synod in Bulgaria.

Konrad v. Germany
The European Centre for Law and Justice, working with German attorneys Ronald Riechert and Armin Eckermann, has brought suit on behalf of several families against the German government for making it a criminal offence to homeschool one’s children. The families have sincerely held religious beliefs that they should control the education of their children by educating them at home using the curriculum created for use by German diplomats abroad. The application to the Court focus’ primarily on Protocol 1, Article 2 of the European Convention of Human Rights which states in pertinent part that countries subject  to the jurisdiction of the Convention, which includes Germany, must respect the rights of parents to ensure that their children are taught in conformity with their own religious and philosophical convictions.

Tanyar and Others v. Turkey
Minority Christian religious denominations in Turkey face tremendous obstacles in their enjoyment of the basic European Convention rights of worship and expression. No legal mechanism exists in Turkey whereby religions not recognized by the Treaty of Lausanne may register their places of worship. When churches do open, they are in constant danger of police harassment and closure due to not having the appropriate legal designation. This case represents a challenge before the European Court of Human Rights regarding the legal impossibility of establishing a Protestant place of worship in Turkey, The European Centre for Law and Justice has also been working with key Members of European Parliament and meeting with representatives from the Turkish Prime Minister’s office to ensure Turkey meets the requirements of the European Convention of Human Rights, annexed to the Treaty of Amsterdam in 1997, in the areas of minority rights and religious freedoms.

Ake Green v. Sweden
Ake Green, a Pentecostal pastor of a small Church in Borgholm Sweden, was sentenced to prison for hate speech based on a sermon he gave to his congregation on homosexuality as a sin. The sermon had no mention of incitement to hate, was amply supported by Biblical text, and closed with a call to reconciliation, grace and love. ECLJ wrote an amicus brief, excerpts of which were read into the record during the Supreme Court hearing, stating that the speech in question was protected religious speech under European Court of Human Rights case law; and that proscriptions on the ability to provide moral and religious teaching in a house of worship constituted an inappropriate abuse of legislative and prosecutorial power as well as contravening European Convention standards. Pastor Green was acquitted of all charges.

Joseph Andreou v. Cyprus Ministry of Defense
Greek Cyprian law provides for exemptions from mandatory military services for ministers of religion. The Constitution of Cyprus states that no religion shall be elevated over another and each shall enjoy equal treatment under the law. Despite this, the Cyprian Ministry of Defence denied the exemption to a minister from an Apostolic Church without due cause. The European Centre for Law and Justice worked with the church and filed an amicus brief on their behalf for discriminatory treatment of a minority Christian religion.

 
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