Policy on Religion in the European Union

Abstract

The main idea of article is that, even if EU has no competence in religious matters, what we can observe now is a creation of a very specific policy on religion. (1) Herein, I explain why the EU is interested in religion and how it is improving its competence with respect to it. Mostly, this is achieved by a transformation of religious matters into secular ones, falling under EU competences. I consider how the EU is treating religious matters in its primary and secondary law. Then, migration and accession policy are analyzed from the point of view of results for the religious structure of the European societies. Next, the issue of religion in the EU external policy is shortly studied as well as the impact of ECtHR and the European Court of Justice—ECJ jurisprudence on religious communities. Finally, we have a description of res novae in the EU approach to religion. The article adopts the Catholic perspective. This applies both to anthropology and to the institutional aspect. (2) The main methods used in the paper are analytical-synthetic and the analysis of legal texts. (3) We can justly talk about the EU policy on religion in statu nascendi. This policy is organized differently than at the nation-states level. (4) EU politicians need churches and religious communities to legitimize their political decisions and the integration process in general. They are tempted to “domesticate” religions and religious leaders and change religions from within. In this way, the political world subjugates the world of religion and takes control of it, which may result in a new kind of politics and legal resacralization.

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