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The rights and duties of ministers of worship before the European Court of Human Rights ; Les droits et devoirs des ministres du culte devant la Cour européenne des droits de l'homme
For the European Court of Human Rights, the autonomy of religious communities forms the basis for guaranteeing freedom of religion for all faithful. Their right to organise themselves in accordance with their own rules, subject to very limited review by the courts, gives them considerable latitude in the recruitment, dismissal and assessment of the professional and personal conduct of their ministers of worship. Their specific mission also places them under an increased duty of loyalty to the religious organisation and the doctrine it professes, which will further limit their individual rights and freedoms. ; According to the European Court of Human Rights, the right to religious autonomy is at the heart of religious freedom for all believers. The right of religious communities to organize themselves according to their own rules, while being subject to limited judicial review, gives them a wide scope for action in the recruitment, dismissal and assessment of the professional and personal conduct of their ministers of religion. Because of their specific mission, the latter are bound by a heightened duty of loyalty towards the religious organization and its doctrine, which further limits their individual rights and freedoms. ; For the European Court of Human Rights, the autonomy of religious communities forms the basis for guaranteeing freedom of religion for all faithful. Their right to organise themselves in accordance with their own rules, subject to very limited review by the courts, gives them considerable latitude in the recruitment, dismissal and assessment of the professional and personal conduct of their ministers of worship. Their specific mission also places them under an increased duty of loyalty to the religious organisation and the doctrine it professes, which will further limit their individual rights and freedoms. ; Pour la Cour européenne des droits de l'homme, l'autonomie des communautés religieuses constitue un socle sur lequel repose la garantie de la liberté de religion de l'ensemble des ...
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Manifestations de la soft law en droit français des religions
International audience ; The legal framework applicable to religions is composed of many infra-administrative regulations and shaped by the adaptations of old legislative norms to the contemporary context. It results that law and religion fall within the scope of a certain conception of soft law, such as resorting to negotiation in the margin of legislative texts. The issue of religious heritage perfectly illustrates the process which consists in building and updating a legal status over historical, social and political circumstances. The enhancement of religious heritage in particular rests on mechanisms typical of soft law. ; Constitué d'une part importante de textes de type infra-réglementaires et nourri d'adaptations au contexte contemporain d'une législation ancienne, le droit des religions est un lieu d'incarnation de la soft law entendue notamment comme l'usage de la négociation en marge du recours à la loi. Le régime applicable au patrimoine religieux est un parfait exemple de construction juridique bâtie au fil des contingences historiques et d'aménagements successifs et la valorisation du patrimoine religieux mobilise aujourd'hui ces mécanismes d'élaboration d'un droit marqué par le pragmatisme et la flexibilité.
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Manifestations of soft law in French religious law ; Manifestations de la soft law en droit français des religions
, which is made up of a large proportion of sub-regulatory texts and adapted to the contemporary context of old legislation, the law of religions is a place of embodiment of soft law, understood in particular as the use of negotiation in the margins of recourse to the law. The regime applicable to religious heritage is a perfect example of a legal construction built up in the light of historical circumstances and successive developments, and the promotion of religious heritage today mobilises these mechanisms for developing a law characterised by pragmatism and flexibility. ; International audience The legal framework applicable to religions is composed of many infra-administrative regulations and shaped by the adaptations of old legislative norms to the contemporary context. It results that law and religion fall within the scope of a certain conception of soft law, such as resorting to negotiation in the margin of legislative texts. The issue of religious heritage perfectly illustrates the process which consists in building and updating a legal status over historical, social and political circumstances. The enhancement of religious heritage in particular rests on mechanisms typical of soft law. ; which is made up of a large proportion of sub-regulatory texts and adapted to the contemporary context of old legislation, the law of religions is a place of embodiment of soft law, understood in particular as the use of negotiation in the margins of recourse to the law. The regime applicable to religious heritage is a perfect example of a legal construction built up in the light of historical circumstances and successive developments, and the promotion of religious heritage today mobilises these mechanisms for developing a law characterised by pragmatism and flexibility. ; Constitué d'une part importante de textes de type infra-réglementaires et nourri d'adaptations au contexte contemporain d'une législation ancienne, le droit des religions est un lieu d'incarnation de la soft law entendue notamment comme l'usage de ...
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