Suchergebnisse

This article focuses on the case law under Article 9 of the ECHR in the field of classifying an act as a manifestation of a particular religion or belief. It aims to criticize the long-time rigid practice of the European Commission and the European Court, which grants them the Power of Assessment in this regard. Namely, in the light of the general principles of the freedom of religion and belief, the author explains why it is natural and necessary for the Court to give up its Power of Assessment and leave the issue entirely in the scope of personal self-determination. In arguing own view, the author relies upon the Court's approach developed in the Case - Osmanoğlu and Kocabaş v. Switzerland (ECHR. 2017).

Between 2015-2018, the Constitutional Court of Georgia consideredtwo cases with respect to religious organizations' Right onEquality and Non-discrimination. The Respondent Party, the Parliamentof Georgia, as one of its arguments, indicated that allegeddifferent treatment - exemptions and privileges granted exclusivelyto the Orthodox Church of Georgia, was justified by the 'SpecialRole of the Orthodox Church of Georgia in the History of Georgia'.In connection with that argument, the Court made valuableinterpretations, in particular, whether and to what extent the specialrole of a religious institution in the historical past of countrycan be used to pursue an aim to create the privileged status for it inthe present days. The present article considers this very issue fromthe perspective of the Constitutional Court of Georgia's Case Law.