The autonomy of religious communities with respect to the erection of ecclesiastical legal persons in Czech law
2019
Abstract
The Charter of Fundamental Rights and Freedoms of the Czech Republic provides autonomy of churches stating that "Churches and religious societies govern their own affairs; in particular, they [...] found religious orders and other church institutions, independently of state authorities." The article analyses the nature of the church autonomy regarding foundation of inner legal persons. It demonstrates weaknesses of current legal concept of ecclesiastical legal person, especially focusing on ambiguity of caselaw regarding this concept.
The article also points out some practical problems of current legislation.