SECOND SECTION
CASE OF ANCIENT BALTIC RELIGIOUS ASSOCIATION ROMUVA v. LITHUANIA
(Application no. 48329/19)
 
 
 
JUDGMENT
Art 14 (+ Art 9) • Discrimination • Denial of State recognition to a pagan religious association meeting eligibility criteria, on grounds incompatible with the State’s duty of neutrality and impartiality • Domestic law lacking safeguards against arbitrariness in decision making performed by a political body (the Parliament) • Involvement of a Catholic authority in parliamentary procedure
 
STRASBOURG
8 June 2021
FINAL
 
08/09/2021
 
This judgment has become final under Article 44 § 2 of the Convention. It may be subject to editorial revision. In the case of Ancient Baltic religious association Romuva v. Lithuania,
The European Court of Human Rights (Second Section), sitting as a Chamber composed of:
 Jon Fridrik Kjølbro, President,
 Marko Bošnjak,
 Aleš Pejchal,
 Egidijus Kūris,
 Branko Lubarda,
 Pauliine Koskelo,
 Saadet Yüksel, judges,
and Stanley Naismith, Section Registrar,
Having regard to:
the application (no. 48329/19) against the Republic of Lithuania lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms (“the Convention”) by the Ancient Baltic religious association “Romuva” (Senovės baltų religinė bendrija „Romuva“), a religious association registered in Lithuania (“the applicant association”), on 29 August 2019;
the decision to give notice to the Lithuanian Government (“the Government”) of the complaints concerning Articles 9, 13 and 14 of the Convention and to declare inadmissible the remainder of the application;
the parties’ observations;
Having deliberated in private on 18 May 2021,
Delivers the following judgment, which was adopted on that date:
INTRODUCTION
1. The case concerns the refusal by the Seimas (the Lithuanian Parliament) to grant to the applicant association the status of a State‑recognised religious association (valstybės pripažinta religinė bendrija). THE FACTS
2. The applicant association is a religious association (religinė bendrija) established under Lithuanian law with its seat in Vilnius. It was represented before the Court by Mr E. Valčiukas, a lawyer practising in Vilnius. 3. The Government were represented by their Agent, Ms K. Bubnytė‑Širmenė. Background to the case
4. The Lithuanian law distinguishes between three types of religious associations: traditional religious associations, non-traditional religious associations recognised by the State, and other religious associations. 5. Any religious association may be registered and obtain legal personality, provided that it meets certain minimum criteria (see paragraphs 56 and 57 below). While all registered religious associations have the right to conduct religious services and engage in educational and charitable activities (see paragraphs 53 and 61 below), traditional and State‑recognised religious associations are entitled to certain additional privileges, such as the right to provide religious education in schools, the right to perform religious marriages that have the effect of civil marriages, and the right to be granted airtime by the national broadcaster for the purpose of broadcasting their religious services (see paragraphs 62-66 below). 6. Nine religious associations are recognised by law as traditional (see paragraph 58 below). 7. Non-traditional religious associations may ask to be recognised by the State, provided that they meet the requirements laid down by law (see paragraph 59 below). The Ministry of Justice assesses whether an association meets those requirements and delivers its conclusion to the Seimas, which then makes the decision by adopting a resolution (see paragraph 60 below). 8. In July 2001 the Seimas granted State recognition to the Evangelical Baptist Union of Lithuania. The resolution was adopted without much debate among members of the Seimas. 9. In 2001 the United Methodist Church of Lithuania asked the Seimas to grant it State recognition. The Ministry of Justice concluded that it met the requirements provided by law for it to be granted such recognition. However, at the time of the submission of the parties’ latest observations to the Court (on 2 February 2021), the Seimas had not yet voted on the matter. 10. In July 2008 the Seimas granted State recognition to the Seventh-day Adventist Church. Following the first Seimas debate on the draft resolution, the draft was not approved after several members of the Seimas expressed their concern that it was not clear what the main principles of that association’s faith were and how it differed from the Catholic Church. The resolution was returned for redrafting. It was presented for further debate and a vote several months later. During the brief debate, several members of the Seimas noted that the religious association had “received positive views from the Catholic hierarchy” and that the Archbishop of Kaunas in an official letter had expressed no opposition to it being granted State recognition. The resolution was adopted. 11. In November 2016 the Seimas adopted a resolution granting State recognition to the Union of Pentecostal Churches of Lithuania. That resolution was adopted without any debate. 12. In March 2017 the Seimas granted State recognition to the New Apostolic Church of Lithuania. The member of the Seimas who presented the relevant draft resolution stated that the religious association met all the requirements provided by law for it to be granted State recognition, and that it furthermore had a good relationship with the Catholic Church, recognised the Christian Bible and enjoyed respectful relations with representatives of other religions. It was also mentioned that the religious association had around 3,000 adherents. The resolution was adopted without much debate. 13. In 2018 another religious association, the Jehovah’s Witnesses, requested the Seimas to grant it State recognition. At the time of the submission of the parties’ latest observations to the Court (on 2 February 2021), the relevant authorities had not yet adopted any conclusions as to whether that association met the requirements provided by law, and the matter had not been discussed by the Seimas. The applicant association’s request to be granted State recognition
14. The applicant association was registered as a religious association in 2002. It comprises several religious communities (religinės bendruomenės) following the old Baltic pagan faith, one of which was officially registered in Lithuania in 1992. 15. The statute of the applicant association provides:
“1.1. The Ancient Baltic religious association “Romuva” (hereinafter “Romuva”) is a union of communities following the Baltic faith (Romuva communities), which seek to fulfil the aims of the original Baltic religion, and it carries out the tasks and functions provided in this statute ...
...
2.1. Romuva continues the traditions of the original Baltic faith (hereinafter “the Baltic faith”), it seeks peace and harmony with God and the Gods and with ancestors, nature and human beings, elevates the sanctity of nature as the most evident manifestation of divinity, and promotes the traditional moral Baltic lifestyle [and the finding of] one’s own way towards divinity, which has been created over many centuries.
2.2. The Baltic faith respects traditional and other State-recognised religions.
2.3. The source of Romuva’s faith is the uninterrupted Baltic spiritual tradition ...”
16. In 2017 the applicant association proposed to a group of members of the Seimas that they introduce a draft resolution granting it State recognition. Conclusions adopted by the State institutions
17. The Ministry of Justice examined whether the applicant association fulfilled the criteria provided by law in order to be granted State recognition (see paragraph 59 below). It noted that State recognition was granted not to a faith as such but to a particular religious association; indeed, there were pagan communities in Lithuania which did not associate themselves with the applicant association. The latter association comprised three officially registered religious communities and nineteen unregistered religious groups. One of these religious communities had been registered in 1992, and that date had to be considered the start of the applicant association’s activity in Lithuania. 18. The Ministry observed that pagan and neo-pagan religious movements could be found in many European and North American countries; among their common features were a belief in the sanctity of nature, polytheism, interest in pre-Christian beliefs, and providing opposition (oponavimas) to the dominant religion of Christianity. The direct origins of the applicant association could be traced to an ethnographic movement established during the Soviet occupation, although it had not been able to openly function as a religious movement until the restoration of Lithuania’s independence. Referring to the applicant association’s statute and various academic writings, the Ministry observed that the applicant association sought to revive “the original Baltic faith”, finding elements of that faith in folk art and customs, as well as in available historical sources. Its beliefs were not strictly defined; the basic tenet of its religious ethic was the principle of harmony. Religious services were conducted at home, in nature, or in specially designated holy places. During those services, believers addressed their ancestors and various gods of the pre-Christian Lithuanian pantheon and made symbolic sacrifices. 19. The Ministry noted that the applicant association was the largest non-traditional religious group in Lithuania – in the national census of 2011, more than 5,000 people had indicated that they professed a “Baltic faith”, and between 2001 and 2011 that number had grown four times in size. It was the sixth largest religious movement in Lithuania, and it had more adherents than some of the traditional religious associations. According to surveys, it was viewed positively by society. Therefore, the Ministry concluded that the applicant association met the criteria for being granted State recognition: it had been functioning in Lithuania for more than twenty-five years, its teachings did not violate the law or public morals, and it had sufficient public support. 20. In April 2018 twenty-four members of the Seimas presented a draft resolution proposing that the applicant association be granted the status of a State-recognised religious association. The draft was examined by the Law Department of the Seimas Registry, the Seimas Committees of Culture, of Human Rights, and of National Security and Defence, and the Government. They all supported the draft. Debates in the SeimasDebate of 25 June 2019

21. On 25 June 2019 the Seimas held the first debate on the draft resolution to grant State recognition to the applicant association. Several members of the Seimas spoke in support of the draft and noted that various institutions had found that the applicant association met the criteria to be granted State recognition (see paragraphs 17-20 above). Some emphasised the connection between the beliefs professed by the applicant association and the history and traditions of Lithuania. Some also affirmed the importance of freedom of religion and pluralism of beliefs in a democratic society. 22. Of those members of the Seimas who spoke against the draft, several raised doubts as to whether the applicant association had been operating long enough and whether it had sufficient public support, as understood in the case-law of the Constitutional Court (see paragraph 69 below). An argument was made that it was too early to grant it State recognition, but that that question could be discussed again in the future, after more time had passed. It was also pointed out that the applicant association was already able to function as a religious association and to carry out its religious services, and that the question of State recognition did not concern its freedom of religion but the granting of additional privileges. 23. Other statements made against the draft resolution included the following:
(a)  “... This association can hardly be considered a religious association, it would be a strange question to ask if they believe in [the God of Thunder] and his powers, how they imagine, or do not imagine, the afterlife, [and] what spirits they believe in ... If we are to deem that national and other heritage falls within the concept of religion, we will create unlimited possibilities to hollow out the concept of religion as such ... Let us each ask ourselves: what is ethnicity and ethnic tradition? We all respect the same traditions, celebrate them, etc. Does this mean that we are all pagans or [members of Romuva]? No, the majority of us are Catholic ... At the moment [Romuva] appears more like an organisation for the preservation of national heritage, traditions and rites ... it is young and still developing; this question should be postponed and reconsidered at a later time.”
(b)  “... Talking about religion, religious communities, and recognition of new religious communities is obviously rather subjective and not easy. I am Catholic and I do not intend to change my faith, and I do not advise you to either ... I will try to rely on documents ... How and on what basis has it been established that Romuva forms part of Lithuania’s historical, spiritual and social heritage? Numbers show otherwise. What is it that indicates that Romuva enjoys particular support from the public? According to the national census of 2001, 79% of the Lithuanian population identified as Roman Catholic, and in 2011, 77.2% identified as Roman Catholic. It is true, as stated by the Ministry of Justice, that the number of adherents of Romuva has grown the fastest. In 2001, 1,270 Lithuanian nationals belonged to its religious communities – that is to say only 0.04% [of the total population]. In 2011, there were 5,118 – but that is still only 0.17%. Thus, according to quantitative criteria, we cannot say that Romuva is supported by society, because that is only a small part of society ...”
(c) ... I find it unacceptable that the old Lithuanian religion – paganism – is presented as in opposition to Christianity. For me, the greatest authority on this subject is A.V. Patackas ... one of the most prominent researchers of the old religions ... He stated very clearly that a Lithuanian’s relationship with Christianity is special because a person who believes in one god can easily understand and accept Christian ideals and fall in love with Christ. Patackas was convinced that the old Lithuanian religion had been linked to the concept of one god, and he saw polytheism as a certain departure from the old religion ... Here is a quotation from G. Beresnevičius [a scholar in religious studies] ... to which I do not have much to add: ‘It is cheap to say that the new pagans are deranged or crazy. Not everything is so simple. Although there are more charlatans among them than among Catholics, not all of them are like that. From an objective point of view, for instance, [Romuva] is a religious association with all the attributes of a religion. But is it really paganism, the old religion? The answer is clear – no. That religion cannot be revived, just as we cannot restore the mentality and the social relations of those times ... The ethnographic traditions, customs and celebrations of the village were transferred from generation to generation, but that was not the old religion. It was a naturally formed rural lifestyle ... From at least the time of the Jesuit missions it was strongly linked to Christianity. Now, having removed the Catholic elements from rural ethnography, we claim to have found pure paganism, which is completely untrue.’ ...”
24. Eighty-three members of the Seimas, out of 141, were present. In a preliminary vote, which concerned the question of approving the text of the draft resolution, forty-six voted in favour, nineteen voted against, and eighteen abstained. The text was approved and the vote on whether to adopt the resolution was scheduled for 27 June 2019. Letter from the Lithuanian Bishops’ Conference
25. On 26 June 2019 the president of the Lithuanian Bishops’ Conference, which is the territorial authority of the Roman Catholic Church in Lithuania, sent a letter by email to a certain member of the Seimas, who was the chair of the parliamentary group For the Family. At that time, the group comprised eighty-one members of the Seimas drawn from several political parties. The member who received the letter forwarded it to the other members of that group. 26. The Bishops’ Conference stated that it had written the letter in response to repeated requests from members of For the Family parliamentary group to inform them about the teaching and position of the Catholic Church. 27. It argued that the very concept of an “ancient Baltic religious association” was misleading and had no scientific basis, because there had never been a universal and uniform “old Baltic faith” and Prussians, Lithuanians and Latvians had followed different divinities, rites and customs. The allegedly surviving fragments of that faith were nothing more than “superstitions and peasants’ customs, with a shade of magic”, and their importance to Lithuanian identity was exaggerated. 28. Furthermore, it submitted that the views of the applicant association did not constitute a comprehensive and finite set of beliefs, and that the only source of its teaching was a single book written by one of its founders, which was manifestly insufficient. Lastly, the Bishops’ Conference argued that public support for a religious movement should not be determined solely by the results of surveys but that it required wider study. The fact that during the national census some Lithuanians had identified themselves as being of a “Baltic faith” indicated only that they identified with certain religious aspects of neopaganism, but not necessarily with the views espoused by one of the many different pagan communities. Debate and vote of 27 June 2019
29. On 27 June 2019 the Seimas held a debate and a vote on the draft resolution. Many of the statements made for and against the draft concerned similar issues to those that had been raised during the first debate (see paragraphs 21 and 22 above). In addition, one member, who spoke in favour of the draft, pointed out that the Seimas had previously granted State recognition to a religious association that had had fewer adherents than the applicant association (see paragraph 12 above). A few others criticised the views presented in the letter from the Bishops’ Conference (see paragraphs 25-28 above). Some members of the parliamentary group For the Family (see paragraph 25 above) spoke in favour of the draft and others spoke against it. 30. Statements made against the draft resolution included the following:
(a) “... A letter has been received from the Bishops’ Conference ... I will emphasise some of the arguments ... It is obvious that there has never been the uniform and universal Baltic religion that we are talking about here. Nor is there unity between the currently existing organisations. And, what is most important, if we legalise this cultural association as a religious one, then sooner or later we will hollow out the concept of a religious association, and any cultural association will be able to declare itself a religion, whereas a religion will be considered simply as a cultural association ...”
(b) “... It is the responsibility of the Seimas whether we will continue the policy of the Soviet regime, when ethno-culture and Christian traditions – which had co-existed in harmony until 1940 – were separated and set in opposition to each other. Sadly, today we may create such opposition again. I do not believe that anyone has an exclusive claim to the Lithuanian language or that any religious tradition may privatise ethno-culture. The opposition between Lithuanian-ness (lietuvybė) and Christianity, between ethno-culture and Christianity, which we want to adopt today, is indeed the continuation of the Soviet project. I am not saying that Romuva is a project of the Soviet times, but [I am saying that] that opposition, unfortunately, does come from the Soviet times, and thus I propose that the vote be postponed. Maybe the time will come when we can grant State recognition to this association, but definitely not today.”
(c) “... Let us not forget that the Russian KGB has, since Soviet times, been taking consistent action to strengthen paganism in Lithuania. Read the writings of [the Russian analyst] A. Dugin. He clearly states that Christianity is one of the foundations that need to be destroyed in Lithuania, and that that was also the cornerstone of the partisan movement. Those who submitted this draft are simply following instructions from the Kremlin, whether they want it or not. You are implementing what Dugin wrote about in his books in very large print. Also, let us think about our relations with Poland ... Imagine how you would have looked the Pope in the eye a year ago if you had tried to adopt this draft back then; you would have probably felt ashamed ... The entire Christian world will laugh at us because we will be unique in this respect ...”
31. Eighty-six members of the Seimas, out of 141, were present. Forty voted for the draft, thirty-one voted against it, and fifteen abstained. The draft resolution was not adopted (see paragraph 67 below). Conclusion of the Seimas Commission on Ethics and Procedures
32. In July 2019 the applicant association complained to the Seimas Commission on Ethics and Procedures that the statements made by one member of the Seimas, Ž.P., during the debate (see paragraph 30(c) above) had been false and defamatory. The applicant association submitted that it did not seek to destroy Christianity or threaten the rights of the Lithuanian Catholic Church, and that it had not been supported by the KGB during the Soviet occupation. 33. In September 2019 the Commission concluded that Ž.P. had knowingly spread false and defamatory claims. It observed that persons professing the old Baltic faith had been persecuted by the Soviet authorities, so his claims alleging links between the applicant association and the policies of the Kremlin had been false. The Commission also noted that, in Lithuania, implying the existence of any such links was likely to provoke hostility against the applicant association. Ž.P. was ordered to retract the offending statements.
34.  Ž.P. lodged an appeal against the Commission’s conclusion. In July 2020 the Vilnius Regional Administrative Court upheld the Commission’s findings, but it ruled that there was no legal basis for ordering a member of the Seimas to retract statements made during a parliamentary debate. At the time of the submission of the parties’ latest observations to the Court (on 2 February 2021), the case was pending before the Supreme Administrative Court. RELEVANT LEGAL FRAMEWORK AND PRACTICE
Domestic law and practiceAs to available domestic remediesConstitution

35. Article 30 of the Constitution states that anyone whose constitutional rights or freedoms have been violated has the right to apply to a court and that compensation in respect of pecuniary and non‑pecuniary damage inflicted upon a person must be established by law. 36. Article 105 § 1 provides, inter alia, that the Constitutional Court has the power to examine whether legal instruments adopted by the Seimas comply with the Constitution. 37. Article 106 § 1 states, inter alia, that courts have the right to ask the Constitutional Court to examine whether the legal instruments listed in Article 105 § 1 comply with the Constitution (see paragraph 36 above). Under Article 110, when the court has grounds to believe that a legal instrument which has to be applied in the case at hand is in conflict with the Constitution, it must adjourn the examination of the case and refer the matter to the Constitutional Court. 38. Article 106 § 4, as amended on 21 March 2019, states that every person has the right to ask the Constitutional Court to examine the compliance with the Constitution of the legal instruments listed in Article 105 § 1 (see paragraph 36 above) if a decision adopted on the basis of those legal instruments has violated his or her constitutional rights or freedoms and if all legal remedies have been exhausted. The procedure for implementing this right must be established by the Law on the Constitutional Court (see paragraph 39 below). Law on the Constitutional Court
39. The Law on the Constitutional Court was amended on 16 July 2019 and the amendment entered into force on 1 September 2019. Following that amendment, Article 65 § 2 provides that any person has the right to lodge an application with the Constitutional Court asking it to examine whether, inter alia, a legal instrument adopted by the Seimas complies with the Constitution or with the domestic laws, provided that the following conditions are met: (1) a decision adopted on the basis of that legal instrument has violated that person’s rights or freedoms; (2) all legal remedies have been exhausted and a final court decision, which is not subject to any further appeal, has been adopted; (3) the application is lodged with the Constitutional Court within four months of the final court decision. Law on Administrative Proceedings
40. Article 18 § 2 of the Law on Administrative Proceedings states that the administrative courts do not have the competence to examine, inter alia, acts of the President, the Seimas, members of the Seimas, the Prime Minister or the Government. 41. Article 4 § 2 provides that when there are grounds to believe that a law or another legal instrument that is to be applied in respect of a particular case is contrary to the Constitution, the court shall adjourn the case and refer the matter to the Constitutional Court. The case shall be resumed after the Constitutional Court delivers a decision. Law on Public Administration
42. At the material time, the definition of “public administration” was provided in Article 2 § 1 of the Law on Public Administration. It was defined as the activity of subjects of public administration aimed at the execution of laws and other legal instruments: adopting administrative decisions, overseeing the execution of laws and administrative decisions, providing administrative services in accordance with the law, the administration of the provision of public services, and the internal administration of the subject of public administration. Case-law of the Constitutional Court
43. The Constitutional Court has stated in numerous rulings that anyone who believes that his or her rights or freedoms have been violated must be able to apply to a court (including when the alleged violation has been committed by State institutions or officials), and that the right of access to a court may not be restricted or denied (rulings of 2 July 2002, 4 March 2003, 17 August 2004 and 16 January 2006). 44. The Constitutional Court has also held in many rulings that anyone who has sustained pecuniary or non-pecuniary damage as a result of unlawful actions must be able to claim compensation for that damage, even if it was inflicted by State institutions or officials (rulings of 30 June 2000, 19 August 2006 and 8 March 2018). 45. In a ruling of 13 May 2010 the Constitutional Court held that the Law on Administrative Proceedings, under which the administrative courts could not examine, inter alia, acts of the President or the Government (see paragraph 40 above), did not preclude the administrative courts from examining such acts of those institutions that concerned the exercise of the functions of public administration or which may have caused damage to individuals:
“The particularities of the constitutional status of the Seimas, the President, the Government and courts, related to ... the separation of powers, determine, inter alia, that those institutions may not take over one another’s constitutional powers. Accordingly, when individuals ask courts to examine legal instruments adopted by the Seimas, the President or the Government, or other actions undertaken by these institutions, the courts may not take over the constitutional powers of [the latter institutions] – that is to say they may not adopt certain decisions in their stead or oblige them to adopt legal instruments related to the exercising of State governance. Therefore, the provision of the Law on Administrative Proceedings ... [that courts may not examine] ‘activities of the President or the Government’ means activities through which [those institutions exercise] the functions of State governance. They may not be equated with activities that fall within the notion of ‘public administration’ ... In this regard, the provision of the Law on Administrative Proceedings ... which provides that ‘the administrative courts do not have the competence to examine the activities of the President ... [or] the Government’ ... must be interpreted as meaning that the administrative courts may not examine those activities of the President or the Government that concern the exercise of the functions of State governance.
... It must also be noted that activities undertaken by the President or the Government may violate individuals’ rights or freedoms, or cause damage ... [T]he administrative courts may examine cases concerning actions of the President or the Government (or their failure to act) that may have violated the rights or freedoms of individuals, including the question of compensation for any damage caused ...”
46. In several decisions on the admissibility of individual constitutional complaints the Constitutional Court held that individuals had the right to lodge such complaints only in respect of those legal instruments, indicated in Articles 105 and 106 of the Constitution (see paragraphs 36-38 above), that had constituted the basis for a decision violating their rights. Where no such decision had been adopted, the individual could not apply to the Constitutional Court (decisions of 18 February 2020, 12 March 2020, 25 March 2020 and 13 May 2020). Case-law of the Supreme Administrative Court
47. In a decision of 11 February 2013 in case no. A-492-704-13 an extended panel of the Supreme Administrative Court held:
“The Supreme Administrative Court in its case-law has emphasised the importance of the universality and accessibility of judicial defence ... However, the right of access to an administrative court must be implemented in accordance with the procedure established by law; therefore, not just any person, and not with any kind of claim whatsoever, may apply to a court and demand that it examine a case ... The subject matter of an administrative case may only be a claim which is aimed at resolving an administrative dispute and which, if allowed, would ensure the protection of the violated rights or interests. Furthermore, a person has the right to apply to a court only if the examination of his or her claim falls within the competence of the courts. Not all matters are examined by the courts, but only those that fall within their strictly defined competence.”
48. In a decision of 20 May 2015 in case no. eAS-413-602/2015 the Supreme Administrative Court, citing the case-law of the Constitutional Court (see paragraph 45 above), held that the administrative courts could examine acts of the Seimas which concerned functions of public administration or which may have caused damage to individuals. 49. In a decision of 20 May 2015 in case no. AS-850-662/2015 the Supreme Administrative Court held that the administrative courts could refer matters to the Constitutional Court only in respect of individual cases that they were examining. Therefore, if the administrative court could not examine a case, because that case did not fall within its competence, it could not refer such a case to the Constitutional Court either. 50. On several occasions the Supreme Administrative Court held that the administrative courts could examine complaints against decisions adopted by the Seimas, either because those decisions concerned the function of public administration or because they had caused pecuniary or non‑pecuniary damage to an individual. Examples of such cases include the following: the dismissal of State officials, a refusal to appoint individuals to official positions, a refusal to issue individuals with security clearance, and the revocation of such clearance (decision of 27 January 2012 in case no. AS442-21/2012, decision of 20 December 2012 in case no. A‑858‑2894/2012, decision of 8 January 2014 in case no. A 520 2401 13, and decision of 11 August 2016 in case no. eA‑2107‑502/2016). 51. By contrast, the Supreme Administrative Court found that the administrative courts could not examine complaints against decisions adopted by various parliamentary committees and commissions, dismissing petitions lodged by individuals; it held that those bodies were parts of the structure of the Seimas and their purpose was to assist the Seimas in fulfilling its functions relating to the governance of the State (decision of 28 January 2015 in case no. AS-168-556/2015 concerning the Committee on Human Rights, decision of 16 September 2015 in case no. AS‑1159‑492/2015 concerning the Commission on Ethics and Procedures, and decision of 3 May 2018 in case no. eAS-309-415/2018 concerning the Petitions Commission). The Supreme Administrative Court also held that the administrative courts could not examine a complaint concerning the lifting of the immunity of a member of the Seimas, because by adopting that decision the Seimas had exercised its right, stemming from the Constitution, to influence the constitutional status of a member of the Seimas; therefore, it did not constitute an act of public administration (decision of 20 May 2015 in case no. AS-850-662/2015). As to freedom of religion and the prohibition of discriminationConstitution

52. Article 26 of the Constitution states, inter alia, that freedom of thought, conscience and religion may not be restricted, that no one may be compelled to choose or profess any religion or belief, and that the freedom to profess and spread a religion or belief may be limited only by law and only when it is necessary in order to guarantee the security of society or public order, people’s health or morals, or other basic rights or freedoms. 53. Article 43 provides, inter alia, that the State recognises the churches and religious organisations that are traditional in Lithuania, and that other churches and religious organisations may be recognised if they have support in society and if their teaching and practices do not contravene the law or public morals. Churches and religious organisations are free to spread their teaching, perform their ceremonies, and maintain houses of prayer, charity establishments, and schools for the training of ministers. They may conduct their affairs freely, in accordance with their canons and statutes. There is no State religion in Lithuania. 54. Article 38 § 4 provides, inter alia, that the State recognises the church registration of marriages. 55. Article 29 states that all persons are equal before the law, courts, and other State institutions and officials. Human rights may not be restricted and no one may be granted any privileges on the grounds of gender, race, nationality, language, origin, social status, belief, convictions, or views. Law on Religious Communities and Associations
56. Article 4 § 1 of the Law on Religious Communities and Associations defines a religious community as a group of people pursuing the aims of their commonly-held religion. Article 4 § 2 defines a church or a religious association as a union of at least two religious communities that profess the same religion. 57. Under Article 11, a religious community may be registered (thereby obtaining legal personality) if it has at least fifteen members, and a religious association may be registered if it comprises at least two religious communities. In order to be registered, a religious community or association must provide to the Ministry of Justice its statute or articles of association, indicating, inter alia, its name, the basic tenets of its religious teaching, and its activities and purposes. Article 12 provides that the Ministry of Justice may refuse to register a religious community or association if it fails to provide all the required information, if its activities violate human rights and freedoms or public morals, or if another religious community or association with the same name has already been registered. 58. Under Article 5, the State recognises nine traditional religious communities and associations, which form part of Lithuania’s historical, spiritual and social heritage: Roman Catholic, Greek Catholic, Evangelical Lutheran, Evangelical Reformed, Russian Orthodox, Old Believer, Judaist, Sunni Muslim, and Karaite. 59. Article 6 § 1 states that other (non-traditional) religious associations may be recognised as forming part of Lithuania’s historical, spiritual and social heritage if they have support in society, and their teaching and practices do not contravene the law or public morals. The granting of State recognition to a religious association means that the State supports its spiritual, cultural and social heritage. 60. Article 6 §§ 2 and 3 provides that State recognition is granted by the Seimas. A religious association may request to be granted State recognition twenty-five years after its initial registration (nuo pirminio įregistravimo) in Lithuania. If the request is denied, a new request may be lodged after ten years. The Seimas decides whether to grant State recognition after receiving the Ministry of Justice’s conclusion on the matter. 61. Article 7 § 3 states that all religious communities and associations that have legal personality may receive aid from the State for their cultural, educational and charitable activities, in accordance with the law. 62. In line with Article 9 § 2, at the request of students or their parents, traditional and other State-recognised religious associations may provide religious education in public schools. Other relevant legal instruments
63. Article 3.24 of the Civil Code provides that a religious marriage performed by traditional and other State-recognised religious associations has the effect of a civil marriage. 64. Article 5 § 8 of the Law on the National Radio and Television states that the national broadcaster must provide traditional and other State‑recognised religious associations with an agreed amount of airtime in which to broadcast their religious services, in accordance with bilateral agreements. 65. Under Article 6 § 6 of the Law on State Social Insurance, ministers and monks of traditional and State-recognised religious associations are eligible to receive an old-age pension at the expense of the State, provided that they are not entitled to such a pension on other grounds and that their income does not exceed a certain level set by law. 66. Article 8 § 2 (10) of the Law on the Land Tax provides that land that belongs to traditional and other State-recognised religious associations is not subject to land tax. 67. Article 113 § 1 of the Statute of the Seimas provides that resolutions and other legislative acts of the Seimas are adopted by a simple majority of the votes cast, except where the Constitution or the Statute provides otherwise. Case-law of the Constitutional Court
68. In its ruling of 13 June 2000 the Constitutional Court held:
“One of the fundamental individual freedoms is entrenched in Article 26 § 1 of the Constitution: freedom of thought, conscience and religion shall not be restricted. This freedom guarantees the possibility for people holding various views to live in an open, just and harmonious civil society. Not only is this freedom a self-contained value of democracy but also an important guarantee that the other constitutional human rights and freedoms will be implemented in a fully-fledged manner.
... Freedom of thought, conscience and religion is also inseparable from the principles established in the Constitution: equality of persons, a prohibition on the granting of privileges, non-discrimination (Article 29 §§ 1 and 2), ... the secularity of State and municipal establishments of teaching and education (Article 40 § 1), the recognition by the State of traditional Lithuanian churches and religious organisations and other churches and religious organisations, provided that they conform to the criteria set out in the Constitution (Article 43 § 1), ... [and] the absence of a State religion (Article 43 § 7) ... Freedom of [thought, conscience and religion] establishes ideological, cultural and political pluralism. No views or ideology may be declared mandatory and thrust on an individual – that is to say a person who freely forms and expresses his or her own views and who is a member of an open, democratic, and civil society. This is an innate human freedom. The State must be neutral in matters of conviction, it does not have any right to establish a mandatory system of views.
... A systemic analysis of ... [the provisions of the Constitution] leads to the conclusion that the Constitution enshrines the principle of the separation of church and State. This principle forms the basis of the secularism of the Lithuanian State, its institutions and their activities. It also, together with [other provisions of the Constitution], determines the neutrality of the State in matters of worldview and religion (lemia valstybės pasaulėžiūrinį ir religinį neutralumą).
... It must be noted that differentiating between the status of various churches and religious organisations is permitted only in accordance with the criteria provided in the Constitution ...”
69. In its decision of 6 December 2007, which provided an official interpretation of the ruling of 13 June 2000 (see paragraph 68 above), the Constitutional Court held:
“[T]he provision ‘the State shall recognise ... other churches and religious organisations ..., provided that they have support in society and their teaching and practices do not contravene the law or public morals’ set out in Article 43 § 1 of the Constitution means that some churches and religious organisations that are not traditional in Lithuania may be distinguished from other non-traditional churches and religious organisations by the granting of a special status – State recognition. In view of the fact that [doing so] determines the status of that church or religious organisation within the State, as well as the fact that that special status may only be granted to those churches or religious organisations that have support in society, it must be concluded that the granting of this status is within the prerogative of the legislature. The requirement [that other churches and religious organisations] ‘have support in society’ set out in Article 43 § 1 of the Constitution means that such support for the church or religious organisation in question must be strong and long-lasting; therefore, it may not be limited to a small group of people or a small part of society, or to only several decades of activities, or to one or a few generations. The said support ... should be such that it leaves no room for doubt. When deciding whether a certain church or religious organisation may be granted State recognition, it should be ascertained that there is support in society for that church or religious organisation ... Therefore, under Article 43 § 1 of the Constitution ... churches and religious organisations that are not traditional may be granted State recognition by the will and decision of the Seimas. It must be emphasised that such recognition – unlike acknowledgment that a church or a religious organisation is traditional – can be revoked if a church or religious organisation that has been recognised by the State loses its support in society or if its teaching or services start to conflict with the law or public morals ...”
70. On 11 December 2019 the Constitutional Court accepted for examination a request lodged by a group of members of the Seimas for it to examine whether Article 6 § 2 of the Law on Religious Communities and Associations complied with Article 43 § 1 of the Constitution, in so far as it provided that religious associations could ask to be granted State recognition twenty-five years after their initial registration (see paragraphs 53 and 59 above). At the time of the lodging of the parties’ latest observations with the Court (on 2 February 2021), the Constitutional Court had not yet adopted a decision. International documentsUnited Nations

71. The relevant provisions of the 1966 International Covenant on Civil and Political Rights (ICCPR) read:
Article 18
“1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.”
Article 26
“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
72. On 27 September 1993 the UN Human Rights Committee adopted General Comment No. 22 concerning Article 18 of the ICCPR, the relevant parts of which read:
“... 2. Article 18 protects theistic, non-theistic and atheistic beliefs, as well as the right not to profess any religion or belief. The terms belief and religion are to be broadly construed. Article 18 is not limited in its application to traditional religions or to religions and beliefs with institutional characteristics or practices analogous to those of traditional religions. The Committee therefore views with concern any tendency to discriminate against any religion or belief for any reasons, including the fact that they are newly established, or represent religious minorities that may be the subject of hostility by a predominant religious community.
... 9. The fact that a religion is recognized as a State religion or that it is established as official or traditional or that its followers comprise the majority of the population, shall not result in any impairment of the enjoyment of any of the rights under the Covenant, including articles 18 and 27, nor in any discrimination against adherents of other religions or non-believers ... 10. If a set of beliefs is treated as official ideology in constitutions, statutes, proclamations of the ruling parties, etc., or in actual practice, this shall not result in any impairment of the freedoms under article 18 or any other rights recognized under the Covenant nor in any discrimination against persons who do not accept the official ideology or who oppose it ...”
73. On 22 December 2011 the UN Special Rapporteur on freedom of religion or belief presented his annual report to the UN General Assembly, the relevant parts of which read (references omitted):
“... 61. Should States provide for specific status positions on behalf of religious or belief communities, they should ensure that these provisions are conceptualized and implemented in a non-discriminatory manner ... 62. Unfortunately, the Special Rapporteur has received a lot of information on existing discriminatory practices and policies of States when it comes to providing specific status positions and concomitant privileges to some denominations, while withholding the same position from others. In many cases, the criteria applied remain vaguely defined or are even not defined at all. In a number of other cases, general reference is made to the cultural heritage of the country in which some religious denominations are said to have played predominant roles ... Reference to the predominant historical role of one particular religion can easily become a pretext for a discriminatory treatment of the adherents to other religions or beliefs ...
... 73. From the above considerations, the Special Rapporteur would like to make the following recommendations:
... (i)  When offering a privileged legal status position for certain religious or belief communities or other groups, such a specific status should be accorded in strict conformity with the principle of non-discrimination and should fully respect the right to freedom of religion or belief of all human beings; ...”
Venice Commission
74. At its 59th Plenary Session, held on 18 and 19 June 2004, the European Commission for Democracy through Law (the Venice Commission) adopted the Guidelines for Legislative Reviews of Laws affecting Religion or Belief, the relevant parts of which read as follows (references omitted):
“... 2. The definition of ‘religion’. Legislation often includes the understandable attempt to define ‘religion’ or related terms (‘sects’, ‘cults’, ‘traditional religion’, etc.). There is no generally accepted definition for such terms in international law, and many states have had difficulty defining these terms. It has been argued that such terms cannot be defined in a legal sense because of the inherent ambiguity of the concept of religion. A common definitional mistake is to require that a belief in God be necessary for something to be considered a religion. The most obvious counterexamples are classical Buddhism, which is not theistic, and Hinduism (which is polytheistic) ... To the extent that legislation includes definitions, the text should be reviewed carefully to ensure that they are not discriminatory or that they prejudice some religions or fundamental beliefs at the expense of others ...”
THE LAW
ALLEGED VIOLATION OF ARTICLE 14 OF THE CONVENTION read in conjunction with article 9
75. The applicant association complained about the Seimas’ refusal to grant it State recognition. It relied on Article 9 of the Convention taken alone and in conjunction with Article 14. 76. The Court considers that the complaint raised by the applicant association does not concern the denial of its legal personality or any restrictions on its ability to operate and to practise its religion (contrast Metropolitan Church of Bessarabia and Others v. Moldova, no. 45701/99, § 105, ECHR 2001‑XII). Therefore, being the master of the classification to be given in law to the facts of the case (see Radomilja and Others v. Croatia [GC], nos. 37685/10 and 22768/12, §§ 114 and 126, 20 March 2018), the Court finds that this complaint falls to be examined under Article 14 of the Convention read in conjunction with Article 9. These provisions read as follows:
Article 9 of the Convention
“1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. 2. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.”
Article 14 of the Convention
“The enjoyment of the rights and freedoms set forth in [the] Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.”
AdmissibilityThe parties’ submissions

(a)   The Government
77. The Government submitted that the applicant association had failed to exhaust the available domestic remedies. They stated that, under the relevant domestic law, anyone who believed that his or her rights had been violated had the right to complain to a court (see paragraphs 43 and 44 above). 78. Firstly, the applicant association could have lodged a complaint with the administrative courts, claiming compensation under Article 6.271 of the Civil Code for the damage caused by unlawful actions on the part of the State authorities. The administrative courts had the competence to examine such claims lodged against the Seimas (see paragraph 48 above). Furthermore, the administrative courts could examine those acts of the Seimas that had been adopted in the course of exercising the function of public administration (see paragraph 48 above) – in the Government’s view, the granting of State recognition to religious associations fell within that category. 79. Although the administrative courts could not themselves declare unlawful a legal instrument that had been adopted by the Seimas, they could refer the matter to the Constitutional Court (see paragraph 41 above). The Government provided several examples of cases involving the dismissal of State officials or a refusal to appoint individuals to official positions, where administrative courts had requested the Constitutional Court to assess the lawfulness of decisions taken by the Seimas or the Government; some of those decisions were eventually declared unlawful by the Constitutional Court. 80. Lastly, had the applicant association complained to the administrative courts and been dissatisfied with their decisions, it would have been able to lodge an individual complaint with the Constitutional Court (see paragraph 39 above). If the latter court had found the decision of the Seimas to be unlawful, that decision would have been ruled invalid and the applicant association would have been able to lodge a new application to be granted State recognition, without having to wait for ten years. (b)   The applicant association
81. The applicant association argued that no effective domestic remedies had been available to it. It submitted that, in accordance with the Constitution, members of the Seimas exercised their mandate freely, and the courts could not oblige the Seimas to vote in a certain way or to adopt a specific decision. The applicant association contended that the case-law examples provided by the Government, which concerned the dismissal of or refusal to appoint State officials (see paragraph 79 above), differed significantly from the present case. 82. It furthermore submitted that, at the date of its lodging the application with the Court (29 August 2019), it had not had direct access to the Constitutional Court, and that complaining to the latter court had thus not constituted an effective remedy. In any event, the applicant association considered that the Constitutional Court could not have provided it with adequate redress in respect of the violation of its rights.

Article of the Convention at issue: Article 13
Outcome: violation