Sergio Carrera and Joanna Parkin, The Place of Religion in European Union Law and Policy: Competing Approaches and Actors Inside the European Commission (September 30, 2010). RELIGARE Working Paper No. 1. Available at SSRN: http://ssrn.com/abstract=1688252
“While the EU has no explicit legal competence in the sphere of religion and the management of relations with faith communities, religious concerns have taken on increasing importance within the legal and institutional framework and policy discourses of the European Union in the last years. This paper provides an overview of how religion and issues of religious diversity are being framed and addressed in EU law and policy by undertaking a critical analysis of the ways in which EU law and policy deal with, engage and understand religion at the policy level of the European Commission.”
- Posted: 10/08/2010
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- Category: Global: Religious Liberty
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- Source: ssrn.com
- Tags: Category: Global, Country: European Union, Global: Religious Freedom, Topic: Legal Periodicals
WorldNetDaily: “[Pew Forum on Religion and Public Life] Study coordinator Brian Grim says that of the estimated 1.5 billion Muslims worldwide, most are South Asian, largely in India and Indonesia. The second largest Muslim group comes from the Middle East. But in other parts of the world, such as Western Europe and America, they also are wielding increasing influence, and Grim says it’s simply a flexing of their power through outnumbering other groups.”
- Posted: 10/07/2010
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- Category: Global: Religious Liberty
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- Source: www.wnd.com
- Tags: Category: Global, Country: European Union, Docs: Studies, Global: Religious Freedom, Topic: Demographics, Topic: Islam
Flora Goudappel, The Effects of EU Citizenship (October 1, 2010). Available at SSRN: http://ssrn.com/abstract=1685851
“The notion of citizenship has undergone significant changes over the last few years because of European Union developments. Citizens have obtained additional economic, social and political rights but have also seen privacy and other rights limited because of the European fight against terrorism. Recent developments, such as the European Constitution and the Treaty of Lisbon, have aimed to change citizenship rights for European citizens and third-country nationals in the European Union. This book explores the influence of the EU on citizenship rights, especially in view of the fight against terrorism and the constitutional changes negotiated in the last decade. It is highly recommended to academics, policy makers, civil servants and those interested in EU Citizenship.”
- Posted: 10/04/2010
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- Category: Global: Miscellaneous
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- Source: ssrn.com
- Tags: Category: Global, Country: European Union, Global: Miscellaneous, Topic: Legal Periodicals, Topic: Politics
LifeSiteNews: “The European Union’s proposed Equal Treatment Directive overturns centuries of legal philosophy of justice and will restrict legally guaranteed rights of freedom of conscience, says Sophia Kuby of European Dignity Watch, a pro-life and pro-family NGO working at the European level. Kuby told LifeSiteNews.com at a conference in Rome last week, that, if adopted, upcoming EU initiatives will severely restrict basic democratic freedoms for Christians, all under the rubric of ‘equalities.’”
- Posted: 10/01/2010
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- Category: Global: Religious Liberty
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- Source: www.lifesitenews.com
- Tags: Category: Global, Country: European Union, Global: Religious Freedom, Global: Sanctity of Life, Group: European Dignity Watch, Topic: Abortion, Topic: Conscience
Pew Forum on Religion & Public Life: “Over the past two decades, the number of Muslims living in Western Europe has steadily grown, rising from less than 10 million in 1990 to approximately 17 million in 2010.1 The continuing growth in Europe’s Muslim population is raising a host of political and social questions. Tensions have arisen over such issues as the place of religion in European societies, the role of women, the obligations and rights of immigrants and support for terrorism. These controversies are complicated by the ties that some European Muslims have to religious networks and movements outside of Europe. Fairly or unfairly, these groups are often accused of dissuading Muslims from integrating into European society and, in some cases, of supporting radicalism.”
- Posted: 09/16/2010
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- Category: Global: Religious Liberty
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- Source: pewresearch.org
- Tags: Category: Global, Country: European Union, Global: Religious Freedom, Topic: Culture, Topic: Demographics, Topic: Islam
Soeren Kern writing at Hudson New York: “During his recent two-day state visit to Italy, Libyan leader Colonel Muammar Gaddafi declared that ‘Islam should become the religion of the whole of Europe.’ He also said that Europe’s conversion would become a fait accompli ‘when Turkey becomes a member of the European Union.’ Europeans mostly dismissed Gaddafi’s proselytizing as ‘Islamic propaganda,’ and as a ‘non-solicited provocation lacking seriousness’ . . . Gaddafi’s vision of an Islamicized Europe is closer to becoming a reality than many Europeans are willing to admit . . . ”
- Posted: 09/09/2010
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- Category: Global: Religious Liberty
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- Source: www.hudson-ny.org
- Tags: Category: Global, Country: European Union, Country: Turkey, Global: Religious Freedom, Topic: Islam
Guardian: “The HIV epidemic in Europe, including the UK, is being fuelled by the risky behaviour of young gay men, according to research published today . . . Those infected are almost all white, male, gay and young, they say. These men also tend to have other sexual diseases, such as syphillis, which suggests that they are involved in unsafe sexual behaviour and are not using condoms.”
- Posted: 09/07/2010
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- Category: Global: Miscellaneous
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- Source: www.guardian.co.uk
- Tags: Category: Global, Country: European Union, Docs: Studies, Global: Miscellaneous, Topic: Homosexual Agenda
Peter G. Danchin, Islam in the Secular Nomos of the European Court of Human Rights (September 1, 2010). University of Maryland Legal Studies Research Paper No. 2010-41. Available at SSRN: http://ssrn.com/abstract=1670671
“The Article argues that a complex historical and normative relationship between Christianity and secularism can be seen to continue to define the modern contours and shape of the public sphere and the right to religious liberty alike and that assertions of claims of right by Muslims have thus made visible both the historical contingency and cultural particularity of these norms and forms of legal ordering. An argument is advanced which views the Court’s reasoning under Article 9 as entangled with not one but two rival liberal traditions: one dialogic which defines the right to religious liberty in strongly value pluralist terms and the public sphere in terms of social peace; the second rationalist which defines the right more narrowly in terms of autonomy and rational choice and the public sphere in terms of a particular substantive theory of justice. The Article concludes by suggesting that a better understanding of how religious freedom emerged in early modern moral and political thought will show that the second pluralist strand is deeply encoded in the logic and normative structure of Article 9 and how this may open new pathways by which to re-imagine the current limits of the Court’s jurisprudence.”
- Posted: 09/07/2010
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- Category: Global: Bench and Bar
- Tags: Category: Global, Country: European Union, Court: European Court of Human Rights, Global: Bench and Bar, Global: Religious Freedom, Topic: Council of Europe, Topic: Islam, Topic: Legal Periodicals
Charles Kupchan writing in The Washington Post: “The European Union is dying — not a dramatic or sudden death, but one so slow and steady that we may look across the Atlantic one day soon and realize that the project of European integration that we’ve taken for granted over the past half-century is no more . . . This renationalization of politics has been occurring across the E.U . . . right-wing populism is on the upswing — a product, primarily, of a backlash against immigration. This hard-edged nationalism aims not only at minorities, but also at the loss of autonomy that accompanies political union . . . The renationalization of European politics is a product, first and foremost, of generational change.”
- Posted: 08/30/2010
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- Category: Global: Miscellaneous
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- Source: www.washingtonpost.com
- Tags: Category: Global, Country: European Union, Global: Miscellaneous, Topic: Culture, Topic: Elections, Topic: Politics
Patrick Macklem, Guarding the Perimeter: Militant Democracy and Religious Freedom in Europe (August 17, 2010). Available at SSRN: http://ssrn.com/abstract=1660649
“This essay tracks the concept of militant democracy in the jurisprudence of the European Court of Human Rights, where it has migrated from a principle that authorizes a state to act in a militant manner to preserve democratic processes to one that entitles a state to establish perimeters and guard against threats of a different kind. Militant democracy now authorizes a state to assume a militant stance toward the exercise of religious freedom that threatens substantive conceptions of democracy instantiated in its constitutional order. The essay identifies four substantive conceptions of democracy – liberal democracy, secular democracy, republican democracy, and conservative democracy – to which militant democracy has migrated in recent years. It argues that militant democracy’s migration signals an ominous shift in the way in which the European Court of Human Rights comprehends the relationship between religion and state power.”
- Posted: 08/23/2010
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- Category: Global: Religious Liberty
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- Source: ssrn.com
- Tags: Category: Global, Country: European Union, Court: European Court of Human Rights, Global: Religious Freedom, Topic: Legal Periodicals
Teresa Russo, Joanna Krzeminska-Vamvaka, and Nuno Ferreira, Horizontal Effects of Fundamental Rights and Freedoms in European Union Law (2010). FUNDAMENTAL RIGHTS AND PRIVATE LAW IN THE EUROPEAN UNION: A COMPARATIVE OVERVIEW, G. Brüggemeier, A. Colombi Ciacchi and G. Comandé, eds., pp. 8-116, Cambridge, CUP, 2010. Available at SSRN: http://ssrn.com/abstract=1656322
“Contribution to a two-volume comparative study, carried out by the Research Training Network on Fundamental Rights and Private Law in the European Union, which offers an overview of the doctrines and case law on the direct or indirect application of a fundamental right, for example a national constitutional right or an international human right, in order to solve a dispute between private parties in England, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain and Sweden. Volume I contains national reports for each country, preceded by a brief introduction explaining the project terminology and methodology and followed by a comparative chapter. A contribution on the horizontal effect of fundamental rights and freedoms in EU law is also included. Volume II includes ten comparative analyses of selected case patterns in contract, tort, property and family law, which have been adjudicated with reference to fundamental rights in many or at least some of these countries.”
- Posted: 08/12/2010
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- Category: Global: Bench and Bar
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- Source: ssrn.com
- Tags: Category: Global, Country: European Union, Global: Bench and Bar, Topic: International Law, Topic: Jurisprudence
Chiara Favilli and Nuno Ferreira, Different Treatment of Married and Unmarried Couples in the European Union (2010). FUNDAMENTAL RIGHTS AND PRIVATE LAW IN THE EUROPEAN UNION: COMPARATIVE ANALYSES OF SELECTED FACT PATTERNS, G. Brüggemeier, A. Colombi Ciacchi and G. Comandé, eds., pp. 325-374, Cambridge, CUP, 2010. Available at SSRN: http://ssrn.com/abstract=1656308
“Contribution to a two-volume comparative study, carried out by the Research Training Network on Fundamental Rights and Private Law in the European Union, which offers an overview of the doctrines and case law on the direct or indirect application of a fundamental right, for example a national constitutional right or an international human right, in order to solve a dispute between private parties in England, France, Germany, Italy, the Netherlands, Poland, Portugal, Spain and Sweden. Volume I contains national reports for each country, preceded by a brief introduction explaining the project terminology and methodology and followed by a comparative chapter. A contribution on the horizontal effect of fundamental rights and freedoms in EU law is also included. Volume II includes ten comparative analyses of selected case patterns in contract, tort, property and family law, which have been adjudicated with reference to fundamental rights in many or at least some of these countries.”
- Posted: 08/12/2010
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- Category: Global: Marriage and Family
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- Source: ssrn.com
- Tags: Country: European Union, Global: Marriage and Family, Topic: Culture, Topic: Legal Periodicals, Topic: Marriage
The Economist: “Among Europe’s historically Catholic lands, France is an outlier. Its leap into modernity took the form of a secular revolution; that differs from places like Ireland or Poland, where church and modern nationhood go together. Things are different again in Bavaria or the southern Netherlands, where the church inspires local pride; or in Spain, where Catholicism is at issue in an ideological war. But in many European places where Catholicism remained all-powerful until say, 1960, the church is losing whatever remains of its grip on society at an accelerating pace. The drop in active adherence to, and knowledge of, Christianity is a long-running and gentle trend; but the hollowing out of church structures—parishes, monasteries, schools, universities, charities—is more dramatic.”
- Posted: 08/05/2010
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- Category: Global: Miscellaneous
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- Source: www.economist.com
- Tags: Country: Belgium, Country: European Union, Country: France, Country: Ireland, Country: Italy, Country: Poland, Country: Spain, Topic: Culture, Topic: Socialism
Smacking Lesson: How the Council of Europe’s Ban on Corporal Punishment Could Serve as a Model for the United States
Timothy John Nolen, 16 Cardozo J.L. & Gender 519 (2010)
“Part I of this Note will discuss statistics concerning corporal punishment in the United States, focusing on the negative effects such punishment has on children and suggesting why it should be outlawed. Part II will address the legal status of corporal punishment in the United States and the potential challenges a complete federal ban might face, suggesting means whereby the Federal government could implement a national ban. Part III will discuss the legal status of corporal punishment in some member states of the Council of Europe. Part IV will address the effects that European bans have had on discouraging corporal punishment. Finally, Part V will examine the Council of Europe’s recent campaign to ban corporal punishment throughout Europe as a model for the United States Federal government.”
- Posted: 07/30/2010
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- Category: Marriage & Family
- Tags: Category: Marriage and Family, Country: European Union, Global: Marriage and Family, Topic: International Law, Topic: Legal Periodicals, Topic: Parental Rights
Reuters: “Top European Union officials held talks this week with religious leaders, part of a policy of holding consultations with religious groups that was enshrined in the EU’s Lisbon reform treaty, which came into force last December. But not everyone supports the move. … It was the the sixth such consultation since 2005, but the first to take place in the context of the Lisbon treaty, the EU’s latest collective agreement. Article 17 of the treaty commits the EU to maintaining ‘an open, transparent and regular dialogue with … churches and (non-confessional and philosophical) organisations’.”
- Posted: 07/23/2010
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- Category: Global: Religious Liberty
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- Source: blogs.reuters.com
- Tags: Category: Global, Country: European Union, Global: Religious Freedom
Spiegel Online: “Many believe that those who hide their faces are rejecting Western values along with integration and participation in the society in which they live. And, worst of all, those who hide their faces reject Europe’s most precious birthright: Respect for the individual. … According to a survey by the Pew Research Center’s Global Attitudes Project, based in Washington, a clear majority of Germans, French, Spanish and British all support a ban. Most Americans however would reject such a ban. Yet do the majority of citizens have the inherent right to see the faces of their fellow citizens? Are people obliged to participate in society? Is a ban really necessary for security reasons — or do current bans on covering the face fulfill these requirements?”
- Posted: 07/21/2010
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- Category: Global: Religious Liberty
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- Source: www.spiegel.de
- Tags: Category: Global, Country: European Union, Country: France, Country: Germany, Country: Spain, Country: United Kingdom, Global: Religious Freedom, Topic: Islam
The Independent: “Jewish and Muslim leaders have accused the European Union of ‘naked discrimination’ by ordering the compulsory labelling of all kosher and halal meat. An advisory group of imams and rabbis at the Office of the Chief Rabbi, Lord Sacks, said it was wrong to single out meat acceptable to some communities while not requiring the identification of conventional methods of slaughter. MEPs voted overwhelmingly by 559 to 54 in favour of labelling meat from slaughterhouses that do not practise stunning, to inform secular consumers or those concerned with animal welfare how the animal died.”
- Posted: 07/20/2010
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- Category: Global: Religious Liberty
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- Source: www.independent.co.uk
- Tags: Category: Global, Country: European Union, Global: Religious Freedom, Topic: Islam
ADF attorney Roger Kiska appeared on the Zeb Bell Show to discuss ADF activities in Europe including the Swedish homeschooling case. | MP3 15:30 mins
- Posted: 07/13/2010
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- Category: ADF in the News
- Tags: ADF: Media Clips, ADF: Multimedia, ADF: Roger Kiska, Alliance Defense Fund, Category: Global, Country: European Union, Country: Sweden, Court: European Court of Human Rights, Global: Bench and Bar, Topic: Education, Topic: Home School, ZZ: Facebook, ZZ: Johansson v. Sweden
OneNewsNow: “The European Court of Human Rights has heard arguments in an appeal of a decision that would ban crosses in Italian schools, and a final ruling should come within a couple of months. … ‘Our religious symbols do have a place in the public square, and you can’t censor a message just because you don’t like it,’ [ADF Attorney Roger Kiska] contends. ‘That’s not free speech, and that’s not the way democracy works.’” | ADF News Release
- Posted: 07/07/2010
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- Category: ADF in the News
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- Source: www.onenewsnow.com
- Tags: ADF: Media Clips, ADF: Roger Kiska, Alliance Defense Fund, Country: European Union, Country: Italy, Court: European Court of Human Rights, Global: Religious Freedom, Topic: Culture, ZZ: Lautsi v. Italy
Telegraph: “It shows that 1,023 Eurocrats pocket bigger salaries than David Cameron’s annual income of £142,500. … Among the 995 European civil servants, who are on the AD14 to AD16 grades earning £146,267 to £179,703, are at least 90 unelected British EU officials earning more than the Prime Minister. The Commission has admitted that the true numbers cannot be calculated and could be at least twice as high. After tax relief and generous perks are taken into account it is likely that over 2,000 officials are earning more than Mr Cameron.”
- Posted: 06/21/2010
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- Category: Global: Miscellaneous
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- Source: www.telegraph.co.uk
- Tags: Category: Global, Country: European Union, Country: United Kingdom, Global: Miscellaneous, Topic: Economy, Topic: Politics
EU Observer: “Political activists labelled as ‘Extreme right/left, Islamist, nationalist or anti-globalisation’ may in future find themselves under surveillance in line with a new, so-called, EU “data compilation instrument” put at the disposal of police and security forces in member states. The 70-question long ‘instrument,’ covering ideologies, dissemination channels, personal and professional data on ‘agents,’ would help police and security officials gather comparable intelligence across the EU, which could later be pooled together into a single data base.”
- Posted: 06/14/2010
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- Category: Global: Religious Liberty
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- Source: euobserver.com
- Tags: Category: Global, Country: European Union, Global: Religious Freedom, Topic: Culture, Topic: Islam, Topic: Politics
Hudson New York: “As there are no actually verifiable statistics, the truth may be better — or worse. ‘The fact is,’ said one seasoned political consultant, ‘that with the adoption of the acquis communitaire as a necessary requirement for the Eastern bloc nations to become members of the EU, means [sic] that up to 90% of all new laws come from Brussels. With a Western European nation such as the United Kingdom, the percentage is more likely to be 60-65%, but this still means that the European Parliament does really have a voice and serious clout.’”
- Posted: 06/07/2010
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- Category: Global: Miscellaneous
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- Source: www.hudsonny.org
- Tags: Category: Global, Country: European Union, Country: United Kingdom, Global: Miscellaneous, Topic: International Law, Topic: Politics
CNSNews: “Last Thursday, the Grand Chamber of the [European Court of Human Rights] granted a request by the Scottsdale, Ariz.-based Alliance Defense Fund to intervene as a third party on behalf of the MEPs — from 11 different countries — who say the court’s decision is ‘defective for a variety of reasons.’ . . . [Roger Kiska], legal counsel for the Alliance Defense Fund in Europe, told CNSNews.com that the European court has no jurisdiction in the matter, and that the Italian courts are the only ones with the ability to properly adjudicate such cases. ‘Member states are the only ones who can understand their own traditions,’ Kiska said.” | ADF News Release
- Posted: 06/03/2010
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- Category: ADF in the News
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- Source: www.cnsnews.com
- Tags: ADF: Media Clips, ADF: Roger Kiska, Alliance Defense Fund, Country: European Union, Country: Italy, Court: European Court of Human Rights, Global: Religious Freedom, Topic: Culture, ZZ: Lautsi v. Italy
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