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Religious Ministers and Constitutional Court: Autonomy of Religious Communities at Risk?

Publication at Faculty of Law |
2018

Abstract

This conference contribution deals with the judgment of the Constitutional Court III. ÚS 3591/16 of 30th August 2017, i.e., an attempt by the Third Chamber of the Constitutional Court to revise the legal status of religious ministers - pastoral assistants (including chaplains). After summarizing the facts of the case, the author pays particular attention to arguments of the parties, the District Court for Prague 1, the Prague Municipal Court, Supreme Court, and finally the Constitutional Court, whose judgment is paid the most attention.

The author summarizes his conclusions in practical recommendations aimed at strengthening the autonomy of religious communities in the legal order of the Czech Republic and preventing further misinterpretations of Article 16 (2) of the Charter of Fundamental Rights and Freedoms.