Relations Benveen the State and Religious Communities in the Federal Republic of Yugoslavia

I. INTRODUCTION After the September 2000 elections, the radical state and social changes initiated in October of that year, and the formation of the Federal Republic of Yugoslavia1 ("FRY") in November of the same year, the need arose for the state and the various religious communities to establish relations based on new foundations. This necessity resulted from the intention to alter the very bases of the political and economic systems in the FRY. The state was thus required to bring its legal system into line with the legislation in the European Union and with the laws within the country itself. The FRY also had to implement its laws in practice and to create a well-organized and effective administration. The initial reforms, which mark the start of the process of strategic and radical transformation of society, are aimed at establishing the rule of law, a modern multi-party system, a market economy, and respect for human rights, including the freedom of religion and belief.2 The state is bringing about reform in its attitude toward religious communities in two ways. First, the state is making democratic changes within the whole educational system, including the state-run university. Second, the state is making restitution of property and paying compensation for former property owners, making sure that the rights of the minority are protected. For this reason, the Federal Ministry for Religious Affairs ("FMRA") and later the Federal SecreIMAGE FORMULA5 tariat for Religious Affairs ("FSRA")3 within the framework of the reforms undertaken during the past year, collaborated primarily with the federal and republic organizations of authority, whose activities include human rights, legislative activities, education, and foreign relations. As a practical matter, the FRY has attempted to incorporate into its own national policy the concepts of religious liberty as adopted by the European Union ("EU"). Although the EU does not exert direct influence on religious matters, as these matters are within the exclusive power of the member countries, the freedom of worship has a significant place in the EU's legislation. The sphere of religion in EU law is regulated mainly by three basic principles: freedom, equality, and equal rights. The EU laws rely to a large extent upon the Universal Declaration of Human Rights,4 and the European IMAGE FORMULA8 Convention on the Protection of Human Rights and Basic Freedoms (1950).5 The general principles of the legal system of the member countries represent an integral part of the legal order in the EU. Thus, the member countries and regions can and must contribute to the protection of human rights within the EU with their experiences, needs, and vision; human rights at the level of European law are based on the traditions of human rights in the member countries. With the Amsterdam Agreement, European law took a direct step toward religious freedom.6 In addition to this, Article 13 of the EU Agreement provides that the European Council can, under certain conditions, adopt relevant means to curb discrimination on the grounds of sex, race or ethnicity, religion, and other convictions as well as on the basis of individuality, age, or sexual orientation.7 In the concluding section of the Amsterdam Agreement, the EU member states unanimously agreed that the EU respects the status that the churches, religious societies, or religious communities enjoy and does not jeopardize them.8 In the same way, the EU also respects the status of lay communities. In a way, this agreement is also connected to the Declaration on the Athos Peninsula, which was annexed to the agreement signed when Greece joined the EU.9 The Declaration guarantees the maintenance of the special legal status of Mount Athos and respects the IMAGE FORMULA11 specific needs and religious traditions of a particular country entering the Union. …