State and Church in the European Union: Third Edition

Prof. Dr. Gerhard Robbers

doi:10.5771/9783845296265

Summary

Churches as essential components of European culture have major significance for European integration. A Europe, bound by common constitutional traditions, cultures and traditions of its Member States, their national identity and the principle of subsidiarity, will have to respect the deep-rooted systems of State and Church relationships in its Member States.

The volume presents in its second edition a broad comparison of different systems of State and Church relationships in the Member States of the European Union. It includes the new Member States and gives an account of the new developments throughout Europe. The volume shows the implications of European integration on the position of the Churches. It is of interest to all working in the field of State-Church relationship as well as to public and church institutions.

The volume has been produced in association with the European Consortium for State-Church Research. The authors are experts in the field from the different Member States of the European Union, presenting the relevant systems of their home countries. The editor is professor for public law at the University of Trier and head of the Research Centre for European Constitutional Law.

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Bibliographic data

Edition: 3/2019
Copyright year: 2019
ISBN-Print: 978-3-8487-5472-4
ISBN-Online: 978-3-8452-9626-5
Publisher: Nomos, Baden-Baden
Language: English
Pages: 688
Product type: Edited Book

Titelei/Inhaltsverzeichnis No access Pages 1 - 10
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. Authors:
  1. i. Constitution No access
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  2. ii. Secondary legislation No access
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  3. iii. Impact of devolution No access
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4. Authors:
  1. i. Separation of Church-State and neutrality No access
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  2. ii. Recognised religions No access
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  3. iii. (Legal) concept of religion No access
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5. Authors:
  1. i. Recognised religions and beliefs No access
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  2. ii. Unrecognised religious groups No access
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  3. iii. Religious autonomy: general No access
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  4. iv. Religious autonomy and non-discrimination No access
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  5. v. Religious autonomy: range of activities No access
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6. V. Churches and Religious Communities within the Political System No access
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7. Authors:
  1. a. Education No access
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  2. i. Primary and secondary education No access
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  3. ii. Religion in higher education No access
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  4. b. Media No access
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8. VII. Labour Law within Religious Communities No access
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9. VIII. Financing of Churches No access
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10. Authors:
  1. a. Armed forces No access
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  2. b. Hospitals No access
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  3. c. Penitentiaries No access
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  4. d. Other public institutions No access
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11. X. Legal status of Priests and Members of Religious Orders No access
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12. Authors:
  1. a. Civil marriage prior to religious marriage No access
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  2. b. Children: adoption and religious upbringing No access
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  3. c. Private International Law No access
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  4. i. Polygamy No access
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  5. ii. Dowry No access
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13. XII. Conclusion No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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  1. Law on Religions No access
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  1. General Scope of Protection No access
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  2. Status of Minors No access
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  3. Activities Protected No access
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  4. Limitations to Freedom of Religion or Belief No access
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5. V. The Legal Status of Religious Communities No access
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6. VI. Religious Autonomy No access
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7. VII. Education No access
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8. VIII. Religion and Personnel Matters No access
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9. IX. Finance No access
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10. X. Religious Assistance in and Access to Public Institutions No access
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11. XI. Religion and Family Matters No access
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12. XII. Religion in Criminal Law and Other Public Regulations No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. Legal Status of Religious Communities No access
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6. VI. Religious Communities within the Political System No access
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7. Authors:
  1. 1. Church Public and Private Schools: Organization No access
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  2. 2. Church Higher Schools No access
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  3. 3. Religious Education No access
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  4. 4. Theological Faculties at Public Universities No access
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  5. 5. Broadcasting No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Members of Religious Orders No access
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10. X. Finances of Religious Communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. Criminal Law and Religion No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Basic Categories of the Danish System No access
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4. IV. Legal Status of Religious Communities No access
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5. V. Religious Communities within the Political System No access
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6. VI. Culture No access
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7. VII. Labour Law within Religious Communities No access
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8. VIII. Legal Status of Clergy and Members of Religious Orders No access
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9. IX. Finances of Religious Communities No access
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10. X. Religious Assistance in Public Institutions No access
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11. XI. Matrimonial and Family Law No access
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12. XII. Criminal Law and Religion No access
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13. XIII. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. The Legal Status of Religious Communities No access
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6. VI. The Meaning of Religious Community and the Right of Self-Determination No access
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7. VII. Churches and Culture No access
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8. VIII. Labour Law within the Churches No access
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9. IX. Financing of Churches No access
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10. X. Religious Assistance in Public Institutions No access
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11. XI. The Legal Position of Priests and Members of Religious Orders No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. Religion and Criminal Law No access
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14. XIV. Particular Questions of Civil Ecclesiastical Law No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. Legal Status of Religious Communities No access
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6. VI. The Right to Self-Determination/Autonomy of Religious Communities No access
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7. VII. Culture No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Members of Religious Orders No access
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10. X. Finances of Religious Communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. Criminal Law and Religion No access
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14. XIV. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. Legal Status of Religious Communities No access
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6. VI. Religious Communities within the Political System No access
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7. VII. Culture No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Members of Religious Orders No access
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10. X. Finances of Religious Communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. Authors:
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    1. 1.1. Religious freedom and equality (Articles 2, 4, 5(2) and 13) No access
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    2. 1.2. Acknowledging the religious phenomenon and the prevailing status of the Greek Orthodox Church No access
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    1. 2.1. The general legal framework No access
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    2. 2.2. The principle of non-discrimination on the basis of religion No access
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4. IV. Basic Categories of the System No access
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  1. 1. The previous legal status No access
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  2. 2. The changes brought about by Law 4301/2014 No access
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  3. 3. The special status of the Muslim minority in Western Thrace No access
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  4. 4. The special regime of Mount Athos No access
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6. VI. Religious Communities within the Political System No access
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  1. 1. General No access
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    1. 2.1. Religious education in schools No access
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    2. 2.2. Education of the Muslim minority No access
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    3. 2.3. Education for religious personnel No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Members of Religious Orders No access
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10. X. Finances of Religious Communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. Authors:
  1. 1. Protection of religion in the Penal Code No access
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  2. 2. The internal dimension No access
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14. XIV. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. Legal Status of Religious Communities No access
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6. VI. Religious Communities within the Political System No access
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7. VII. Culture No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Members of Religious Orders No access
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10. X. Finances of Religious Communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. Criminal Law and Religious Communities No access
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14. XIV. Major Developments and Trends No access
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1. I. Social Facts No access
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2. Authors:
  1. - General law No access
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  2. - Local law in the French Overseas Départements and Territories No access
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  3. - Local law in Alsace-Moselle No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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  1. - General law No access
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  2. - Local laws No access
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  3. - Religious congregations No access
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  1. - Religious education No access
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  2. - Private primary and secondary education No access
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  3. - Theology faculties No access
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7. VII. Labour law within the religious communities No access
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8. VIII. Legal Status of Clergy and Members of Religious Orders No access
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9. IX. Finances No access
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10. X. Spiritual Assistance in Public Bodies No access
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11. XI. Religion and Family Law No access
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12. XII. Penal Law and Religion No access
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13. XIII. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. Legal Status of Religious Communities No access
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6. VI. Religious Communities within the Political System No access
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7. VII. Culture No access
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8. VIII. Labour Law within Religious Communities No access
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9. IX. The Legal Status of Clergy and Members of Religious Orders No access
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10. X. Finances of Religious Institutions No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. The Criminal Law and Religious Communities No access
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14. XIV. Major Developments and Trends No access
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1. I. Historical and Regulatory Profiles No access
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2. Authors:
  1. 1. Explicit References to Religion in Italian Law No access
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  2. 2. Exclusion of Sources of Religious Rights in the Legal System of the State No access
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  3. 3. The Right to Opt between the Civil and Religious Systems No access
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  4. 4. Normative Autonomy of Religious Organisations No access
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  5. 5. Combatting Religiously Motivated Discrimination No access
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3. III. Jurisprudential Profiles of the Italian Agreement System No access
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4. IV. Ethnico-Religious Social Processes and the Law No access
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5. IV. Conclusions No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. Legal Status of Religious Communities No access
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6. VI. Religious Communities within the Political System No access
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7. VII. Culture No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Monks No access
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10. X. Finances of Religious Communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. Criminal Law and Religious Communities No access
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14. XIV. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. Authors:
  1. 1. Constitutional provisions on religion No access
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  2. 2. The Latvian Law on Religious Organisations No access
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  3. 3. The agreement between the Republic of Latvia with the Holy See and the rsulting special status of the Roman Catholic Church No access
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  4. 4. The Special Church Laws, adopted on the basis of agreements concluded by the government No access
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  5. 5. A comparative view on the rights established No access
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  6. 6. The Judgment of the Constitutional Court of 26 April 2018 No access
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  7. 7. ’’Traditionalism’’ and the positive neutrality that follows from it No access
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4. IV. Legal Status of Religious Communities No access
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5. V. Religious Communities within the Political System No access
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6. VI. The State of Latvia and the Preservation of the Cultural Objects Owned by Churches No access
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7. VII. Labour Law within the Religious Communities No access
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8. VIII. The Legal Status of Priests and Members of the Religious Orders No access
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9. Authors:
  1. 1. Religious organisations as public benefit organisations. No access
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  2. 2. The personal income tax. No access
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  3. 3. Immovable property tax. No access
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  4. 4. The value added tax. No access
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  5. 5. Customs duty on imports. No access
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  1. 1. Chaplaincy in the Armed Forces No access
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  2. 2. Chaplaincy in Hospitals (historically, status, appointment, revocation, funding etc.) No access
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  3. 3. Chaplaincy in the Penitentiaries No access
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  4. 4. Chaplaincy in the Other Public Institutions No access
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11. XI. Matrimonial and Family Law No access
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12. XII. The Criminal Law and Religious Communities No access
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13. XIII. Religious Education No access
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14. XIV. The Protection of Animal Rights and Religion No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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  1. 1. Legal Sources No access
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  2. 2. Categories of System Approach No access
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  1. 1. Legal Status of Religious Bodies No access
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  2. 2. The Meaning of Religious Community and the Right of SelfDetermination No access
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5. V. Churches and Culture No access
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6. VI. Labour Law Within the Religious Communities No access
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7. VII. Financing of the Churches No access
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8. VIII. Religious Assistance in Public Institutions No access
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9. IX. The Legal Status of Priests and Members of the Religious Orders No access
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10. X. Matrimonial and Family Law No access
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11. XI. Criminal Law No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. The Legal Status of Religious Communities No access
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6. VI. The Meaning of Religious Community and the Right of Self Determination No access
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7. VII. Churches and Culture No access
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8. VIII. Labour Law within the Churches No access
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9. IX. Financing of Churches No access
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10. X. Religious Assistance in Public Institutions No access
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11. XI. Matrimonial and Family Law No access
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12. XII. Religion and Criminal Law No access
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13. XIII. Particular Questions of Civil Ecclesiastical Law No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. Legal Status of Religious Communities No access
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6. VI. Religious Communities within the Political System No access
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  1. 1. Religious education No access
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  2. 2. Church run schools No access
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  3. 3. Theology No access
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  4. 4. Media No access
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  5. 5. Cultural heritage No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Members of Religious Orders No access
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  1. 1. Property issues No access
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  2. 2. Tax assignment No access
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  3. 3. Public funds for religious activities No access
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  4. 4. Public funds for public activities of religious communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. Criminal Law and Religious Communities No access
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14. XIV. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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  1. 1. In the Constitution No access
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  2. 2. In the Education Act (Act XXIV of 1988, Chap. 327 of the Laws of Malta) No access
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  3. 3. In the Criminal Code (Chap. 9 of the Laws of Malta) No access
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  4. 4. In Fiscal Law No access
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  5. 5. According to the Marriage Act (Act XXXVII of 1975 as subsequently amended, Chap. 255 of the Laws of Malta) No access
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  6. 6. Under the Cultural Heritage Act (Act VI of 2002) No access
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  7. 7. The Public Meetings Ordinance (Chapter 68) No access
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4. IV. The Present Position in the Cultural, Social, Political and Economic Life of Malta No access
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5. V. Concluding Note No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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  1. a) Legal sources No access
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  2. b) Categories of system approach No access
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4. Authors:
  1. a) Legal status of religious bodies No access
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  2. b) The concept of Church in law and the right to self-determination No access
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  3. c) Churches and the political system No access
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5. V. Churches and Culture No access
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6. VI. Labour Law within the Churches No access
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7. VII. Matrimonial and Family Law No access
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8. VIII. Finances of the Churches No access
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9. IX. Religious Assistance in Public Institutions No access
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10. X. Criminal Law and Religion No access
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11. XI. Legal Status of Holders of a Spiritual Office No access
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12. XII. Developments No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. Authors:
  1. 1. Principles No access
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  2. 2. Comprehensive Protection of Freedom of Religion No access
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  3. 3. Protection of Fundamental Rights No access
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  4. 4. Provisions of Ordinary Law No access
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  5. 5. Basic Categories of the Austrian System No access
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    1. a) Recognised churches and religious societies No access
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    2. b) Registered religious communities No access
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    3. c) Religious communities as associations No access
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  2. 2. The Notion of Freedom of Religious Communities No access
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  3. Authors:
    1. a) Legal status of church institutions in general No access
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    2. b) Educational institutions: see below, Section VI) No access
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    3. c) Welfare organisations financed (supported) by churches No access
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5. V. Churches and Religious Societies in the Political System No access
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  1. 1. Private Schools No access
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  2. 2. Religious Instruction No access
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  3. 3. Pedagogical and Religious-Pedagogical Colleges of Higher Education No access
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  4. Authors:
    1. a) Faculties of Catholic Theology No access
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    2. b) Faculty of Protestant Theology No access
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    3. c) Islamic Theology No access
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  5. 5. Church Private Universities No access
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    1. a) Broadcasting legislation No access
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    2. b) Print media No access
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  7. 7. Protection of Historic Monuments No access
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  1. 1. Collective Labour Law No access
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  2. 2. Individual Labour Law No access
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  3. 3. Welfare Law No access
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8. Authors:
  1. 1. The State Guarantee of Church Property No access
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  2. 2. State Payments and Reserve Rights No access
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  3. 3. Church Contributions and Taxes No access
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9. IX. Status of the Recognised Churches and Religious Societies in Taxation Law No access
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  1. 1. Religious Assistance in the Armed Forces No access
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  2. 2. Religious Assistance in Institutions No access
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11. Authors:
  1. 1. Special Procedural Status No access
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  2. 2. Special Status in Military Law No access
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12. Authors:
  1. 1. Religious Upbringing of Children No access
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  2. 2. Church and State Matrimonial Law No access
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13. XIII. Provisions in Criminal Law No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Categories of the System No access
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5. V. Legal Status of Churches and Religious Communities No access
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6. VI. Religious Communities within the Political System No access
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7. VII. Churches and Culture No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Members of Religious Orders No access
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10. X. Finances of Religious Communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. Criminal Law and Religious Communities No access
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14. XIV. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. Authors:
  1. 1. Basic pillars of the system No access
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  2. 2. Basic normative pilars of the system No access
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  3. 3. Basic institutional pillar of the system No access
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  4. 4. Basic categories of churches and religious communities No access
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5. Authors:
  1. 1. General considerations No access
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  2. 2. Differentiation of Legal Status No access
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6. VI. Religious Communities within the Political System No access
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7. Authors:
  1. 1. Education No access
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  2. 2. Culture No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Members of Religious Orders No access
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10. X. Finances of Religious Communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIV. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Legal Status of Religious Communities No access
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5. V. Religious Communities within the Political System No access
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6. Authors:
  1. 1. Religious education in public schools No access
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  2. 2. Theological Education No access
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7. VII. Labour Law within the Religious Communities No access
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8. VIII. Legal Status of Clergy and Members of Religious Orders No access
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9. IX. Finances of Religious Communities No access
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10. X. Religious Assistance in Public Institutions No access
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11. XI. Matrimonial and Family Law No access
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12. XII. Criminal Law and Religious Communities No access
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13. XIII. Major Developments and Trends No access
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Authors:
1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. Authors:
  1. 1. General Perspectives No access
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  2. 2. Constitutional Review No access
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5. V. Legal Status of Religious Communities No access
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6. Authors:
  1. 1. Education No access
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  2. 2. Media No access
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7. VII. Labour Law within the Religious Communities No access
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8. VIII. Financing of the Religious Communities No access
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9. IX. Religious Assistance in Public Institutions No access
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10. X. The Legal Status of Priests and Members of the Religious Orders No access
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1. I. Social Facts No access
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2. Authors:
  1. 1. Early Times No access
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  2. 2. In Hungarian kingdom and Habsburg monarchy No access
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  3. 3. The Czechoslovak Republic and the Slovak Military State No access
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  4. 4. Socialistic Czechoslovakia No access
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  5. 5. Slovakia after the Fall of Communism No access
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3. III. Legal Sources No access
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4. IV. Bilateral Relations between the State and Churches and Religious Societies No access
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5. V. Basic Categories of the System No access
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6. VI. Legal Status of Religious Communities No access
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7. VII. Religious Communities within the Political System No access
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8. VIII. Culture No access
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9. IX. Religious Education No access
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10. X. Labour Law within the Religious Communities No access
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11. XI. Legal Status of Clergy and Members of Religious Orders No access
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12. XII. Finances of Religious Communities No access
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13. Authors:
  1. 1. Religious Assistance in the Armed Forces and Armed Units No access
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  2. 2. Religious Assistance in the Hospitals No access
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  3. 3. Religious Assistance in the Penitentiaries No access
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  4. 4. Religious Assistance in the other Public Institutions No access
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14. XIV. Matrimonial and Family Law No access
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15. XV. Criminal Law and Religious Communities No access
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16. XVI. Major Developments and Trends No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. Authors:
  1. 1. Constitutional provisions – the freedom of religion No access
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  2. 2. Other Acts of Parliament concerning the State and Church relations No access
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4. IV. Basic Categories of the System – International Dimension No access
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5. V. Legal Status of Religious Bodies No access
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6. VI. Religious Communities within the Political System No access
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7. VII. Churches and Culture No access
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8. VIII. Labour Law within the Religious Communities No access
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9. IX. Legal Status of Clergy and Members of Religious Orders No access
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10. X. Finances of Religious Communities No access
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11. XI. Religious Assistance in Public Institutions No access
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12. XII. Matrimonial and Family Law No access
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13. XIII. Criminal Law and Religious Communities No access
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14. XV. Major Developments and Trends No access
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Authors:
1. I. Social Facts No access
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2. II. Historical Background No access
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3. Authors:
  1. 1. Legal Sources No access
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  2. 2. State-Church System No access
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4. IV. Legal Status of Religious Bodies No access
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5. V. Church and Culture No access
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6. VI. Labour Law No access
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7. VII. Matrimonial and Family Law No access
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8. VIII. Finances of the Churches No access
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9. IX. Religious Assistance in Public Institutions No access
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10. X. Criminal Law and Religion No access
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1. I. Social Facts No access
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2. II. Historical Background No access
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3. III. Legal Sources No access
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4. IV. Basic Features of the Church and State System No access
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5. V. Legal Status of Religious Bodies No access
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6. VI. Churches within the Political System No access
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7. Authors:
  1. 1. Schools No access
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  2. 2. Universities No access
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  3. 3. The Media No access
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8. VIII. Labour Law within the Churches No access
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9. IX. Finances of the Churches No access
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10. X. Religious Assistance to Public Institutions No access
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11. XI. Matrimonial and Family Law No access
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12. XII. Criminal Law and Religion No access
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13. XIII. Legal Status of Clergy No access
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14. XIV. Major Developments and Trends No access
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1. I. Social and Historical Background No access
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2. II. Types of Systems No access
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3. Authors:
  1. 1. Basic Structures No access
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  2. 2. The Legal Setting No access
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  3. 3. Culture No access
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  4. 4. Labour Law No access
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