%0 Journal Article
%T Churches and Other Religious Associations in the Legal Order of the European Union – Analysis of Selected Judgments of the Court of Justice of the European Union
%A Łukańko, Bernard
%J Public Administration Yearbook
%V 2024
%R 10.4467/24497800RAP.24.006.20224
%N 2024 (10)
%P 91-106
%K religious law, churches and other religious associations, respect for the status
of churches, EU freedoms, interpretation of EU law
%@ 2449-7797
%D 2024
%U https://ejournals.eu/en/journal/rocznik-administracji-publicznej/article/koscioly-i-inne-zwiazki-wyznaniowe-w-porzadku-prawnym-unii-europejskiej-analiza-wybranych-orzeczen-trybunalu-sprawiedliwosci-unii-europejskiej
%X 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