WRITTEN QUESTION E-2360/03 by Maurizio Turco (NI) to the Commission. Violation of religious freedom and legal restrictions on religious activity in Slovakia.
Date: 2003-07-17
Institutions: European Parliament, Provisional data
Subjects: Slovakia, accession to the European Union, church-State relations, freedom of religious beliefs, religious discrimination

C 88 E/404

Official Journal of the European Union

EN

8.4.2004

The Commission supports the efforts of the United Nations Mission in Kosovo to establish democratic
institutions which should pave the way for reconciliation of all communities. This is the key to decreasing
levels of violence and to building a multi-ethnic and tolerant Kosovo.

More specifically, the Commission has encouraged the international civil administration in Kosovo (the UN
Mission in Kosovo (cid:1) UNMIK) and the Provisional Institutions for Self-government (PISG) to include, as
part of their priorities for public reconstruction and investment, the funding for the repair of the damaged
sites under the Kosovo Consolidated Budget to which the Community contributes. This measure would
underline the importance of this issue and would foster more ownership of the political leadership and the
Kosovo society to address this problem.

The Commission does not therefore itself intend separately to undertake the reconstruction, with EC
funding, of any religious buildings in Kosovo. However, it is worth mentioning that, under the initiative of
President Prodi and the support of the Member of the Commission responsible for Education and Culture,
the Commission is co-financing an ‘Integrated Rehabilitation Project Plan (IRPP)/Joint action for a survey of
the architectural and archaeological heritage (including religious heritage of all denominations)’ and the
establishment of a priority list of monuments and sites in need of urgent conservation/restoration in the
Balkans. This Joint Action is being developed within the Regional Programme for Cultural and Natural
Heritage in South East Europe, implemented by the Council of Europe between 2003 and 2005 and will
be a very useful source of information to promote the involvement of authorities and donors and
international agencies in this field.

(2004/C 88 E/0410)

WRITTEN QUESTION E-2360/03

by Maurizio Turco (NI) to the Commission

(17 July 2003)

Subject: Violation of religious freedom and legal restrictions on religious activity in Slovakia

Given that:

(cid:1) leaders of small protestant churches, Muslims and followers of Hare Krishna are complaining about
the 1991 law on religion, which prevents religious communities with fewer than 20 000 members
from obtaining legal status;

(cid:1) Ivan Zustiak, the leader of the Brethren protestant church, applied for registration but the Office for

Religious Affairs refused his application;

(cid:1) Mohamed Safwan Hasna, a Syrian imam of Slovak nationality, complains that refusal to allow
registration and the fact that no mosques can be built is very humiliating. Muslims do not have an
appropriate place to gather regularly to pray, meet one another or give instruction in Islamic culture.
Hasna purchased a plot of land in the historic centre of the city around three years ago, but the mayor
has not granted building permission. There are about 5 000 Muslims in Slovakia, most of them in
Bratislava. The Muslim community there, which had to be registered as a charity, has been trying to
build an Islamic centre for many years;

(cid:1) Martin Huncar, the assistant pastor of the protestant church Word of Life in Bratislava, says that his
church has not even tried to become registered, knowing it was pointless. The church was obliged to
register with the Ministry of the Interior as an organisation carrying out social and Christian activities
with young people. They cannot use the word ‘church’ in their official documents. Mr Huncar stresses
that without registration it is impossible for a church to conduct legally valid weddings or funerals and
cannot work in schools or prisons;

8.4.2004

EN

Official Journal of the European Union

C 88 E/405

(cid:1) Ragunatha Priya, the leader of the Hare Krishna community in Abranovce, near Prsov, says that they

were obliged to register as a civil organisation;

(cid:1) when asked whether

the fact

that new religious groups are refused registration constitutes
discrimination, Jan Juran, Director of the religious affairs department at the Ministry of Cultural
Affairs replied ‘it probably does, but that’s the way things are. So far there has been no criticism from
the Slovak Parliament or the Helsinki Committee’. He refused to say whether pressure not to allow the
registration of religious groups came from the dominant Catholic Church.

Can the Commission say whether it is aware of the facts mentioned?

Does it consider that the law of 1991 is compatible with the European treaties and the internationally
recognised conventions on and definitions of religious freedom?

Answer given by Mr Verheugen on behalf of the Commission

(12 August 2003)

Freedom of religion is a universal and fundamental right of the individual and, as such, it supersedes
national jurisdiction.

The Commission is following up on a regular basis the situation regarding freedom of religion in Slovakia
as respect of freedom of religion is an important part of the Copenhagen political criteria for accession.
The right to manifest freely his or her religion or belief in Slovakia is guaranteed by Article 24 of the
Slovak constitution. These guarantees are regulated in more detail in Act No 308/1991 Collection on
freedom of religious faith and on the position of churches and religious societies as amended. The Act
regulates also certain conditions for the registration of churches, in conjunction with Act No 192/1992
Collection on the registration of churches and religious societies. Registration is the condition for the
recognition of a church and religious society. It is on this legal basis that the associations, which the
Honourable Member has mentioned, have been denied registration as a church or religious association.
However, the requirement for registration does not constitute a restriction of the rights and freedoms
guaranteed in Article 24 of the Slovak Constitution. The right of the individual to freely manifest his or her
religion or belief remains untouched. Moreover, creating the category of the ‘registered church’ does not
violate the state’s confessional neutrality (also granted by the Slovak Constitution).

This has also been acknowledged by a recent Council of Europe report on Slovakia, adopted by the
Committee of Ministers on 3 July 2003 (CM/Monitor(2003)9). The report emphasizes that freedom of
religion should not be put on the same level with ‘equality of entitlements’. Entitlement rights are acquired
by churches upon its registration as a recognition of its socially beneficial nature through the State. The
report concludes by saying that ‘churches and religious societies can de jure and de facto operate freely
regardless of being or not being registered’.

(2004/C 88 E/0411)

WRITTEN QUESTION E-2361/03

by Maurizio Turco (NI) to the Commission

(17 July 2003)

Subject: Violation of religious freedom in Belarus by means of a new concordat conferring greater power

on the Orthodox Church

Given that:

(cid:1) a concordat was signed between the Orthodox Church and the State on 12 June 2003, enhancing the
influence of the Orthodox Church in State bodies and allowing it to develop cooperation programmes
with all influential sectors;