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Kościoły i inne związki wyznaniowe w porządku prawnym Unii Europejskiej – analiza wybranych orzeczeń Trybunału Sprawiedliwości Unii Europejskiej

Bernard Łukańko

Public Administration Yearbook, 2024 (10), 2024, pp. 91 - 106

https://doi.org/10.4467/24497800RAP.24.006.20224

It is beyond doubt that the European Union does not have legislative competence in the area of religious law, and its relationship with churches and other religious associations is reflected by very few provisions in primary law. Indeed, in accordance with Article 17(1) TFEU, “The Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States”. This provision raises the question of the scope of EU law regulations in relation to the enumerated categories of entities. This paper provides an analysis of the case law of the Court of Justice of the European Union, which has repeatedly expressed its opinion on this relationship and has indicated the extent to which the limitation of permissible regulation in secondary legislation stemming from Article 17 TFEU goes. This is essential both for the EU legislator at the law-making stage and for national authorities and courts in their practical application

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The Implementation Process of Directive 2014/60/EU of the European Parliament and of the Council
in Austrian Legislation

Bernard Łukańko

Santander Art and Culture Law Review, 2/2016 (2), 2016, pp. 119 - 134

https://doi.org/10.4467/2450050XSR.16.022.6130

This article presents the process of implementing Directive 2014/60/EU of the European Parliament and of the Council in Austrian law, focusing on a presentation of the solutions set out in the draft act as well as of amendments made in the course of parliamentary proceedings. In particular, the analysis includes: the work record, aims and objective scope of the act, the notion of “unlawful removal of a cultural object”, the ban on imports, legal definitions, the obligations of care and attention, pursuing claims, court jurisdiction, compensation and other claims, and Austria’s claim to return a cultural object. The article concludes that Austria’s interest in combating illegal imports of cultural objects has grown considerably. It seems that the Act as adopted can significantly reduce the illicit trafficking of cultural objects from other states to the territory of Austria. The new solutions, including longer periods for pursuing claims, will allow authorised persons to recover lost cultural objects in more cases.

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Bernard Łukańko Email

Instytut Nauk Prawnych Polskiej Akademii Nauk

Bernard Łukańko