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- Title
ECCLESIASTICAL LEGAL PERSONS AND LEGAL PROTECTION OF CONSTITUTIONAL RIGHTS.
- Authors
IRENEOS; GIAKOUMAKIS, ANTONIOS
- Abstract
The paper deals with the constitutional rights or competences of the legal persons of the Church of Greece in principle, as well as the judicial protection of the rights of these religious legal entities. In the course of the research for this paper, it was ascertained that constitutional rights which derive from individual and collective religious freedom, develop both in the vertical church-state relation, with the rights being projected towards the state, as well as in the horizontal relation between the ecclesiastical legal persons when the church acts as state power, as such which by necessity acts, insofar as it is organized as a Public Law Legal Person. Such rights are projected towards senior or supervisory ecclesiastical authorities. In conclusion, when to the Church is attributed a state or public power, then the Church, and its legal persons, are more the recipients of rights rather than their subjects. Conversely, when the church-state relations remain distinct, without the one interfering with the action area of the other, then the Church is more of a bearer rather than a recipient of rights. Many matters analyzed in this paper could also apply, mutatis mutandis, to ecclesiastical legal persons outside of Greece, based in other EU countries.
- Subjects
JURISTIC persons; CIVIL rights; FREEDOM of religion; ORTHODOXOS Ekklesia tes Hellados; PUBLIC law
- Publication
European Review of Public Law, 2023, Vol 35, Issue 4, p973
- ISSN
1105-1590
- Publication type
Article