EUROPEAN COMMUNITY

blasphemy incompatible with EU law? - 2008, 161, 88
capital punishment, US and EU attitudes to and morality of - 2006, 156, 3
Constitution (proposed EU), jurisdiction & powers of - 2005, 155, 87
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
double standards not permitted to interfere with free movement of goods - 1988, 96/97, 55
E.C. trade agreements, use & enforcement of human rights & democracy clauses in - 1995, 126/127, 105
effects of social change on religious traditions & governance in Europe - 2004, 152, 68
Employment law (E.U.): possible effects on church schools - 2002, 148, 4
Employment law (E.U.) and religious organisations: possible conflicts - 2002, 148, 4
enforcement of rights in domestic courts - 1977, 54/55, 130
EU human rights are individualistic, UN ones involve more collective responsibility - 2004, 153, 159
European Conferences exploring the concept of National Church - 2002, 149, 70
Fair Trials Abroad (FTA): group promoting European justice - 2001, 147, 114
federalism in the EU & the US Constitutions - 2005, 155, 87
free movement of goods and proportionality of Sunday trading legislation - 1991, 110/111, 44
freedom of religion: upholding by the ECHR - 2003, 151, 137
human cloning, prohibition of - 1999, 140/141, 26
indirect discrimination cases: English & European law in conflict - 1995, 126/127, 83
interest of European states in religious affairs - 2004, 152, 68
Irish accession and its effects in Ireland - 1983, 78/79, 78
Irish anti-abortion issues before the European Court of Justice - 1992, 114/115, 126
judicial power in the EU: 3 tiers of courts - 2005, 155, 87
jurisdiction over foreign parent companies -1990, 106/107, 31
law on religion in the media (in different European countries) - 2004, 152, 68
legislative power in the proposed EU Constitution - 2005, 155, 87
miscarriages of justice, cases in Europe - 2001, 147, 114
not necessary to specifically cite ECHR in national courts for violation to be upheld - 2003, 151, 137
practical relations between religious groups & public authorities in European countries - 2004, 152, 68
problems of ensuring justice in the different legal systems of Europe's nation states - 2001, 147, 114
religion in the Constitutions of different European countries - 2004, 152, 3
religious influence on secular government in Europe - 2004, 152, 68
religious pluralism in Europe: legal responses to: 2004, 152, 68
secular values systems - 2004, 153, 159
state law, religious needs & social conflict in Europe - 2004, 152, 68
subsidiarity, a critique of, in theology and E.C. law - 2002, 148, 46
subsidiarity: reflections on its importance in the EU - 2005, 154, 31
subsidiarity within the European legal order - 2003, 151, 111
Sunday trading and Article 30 of Treaty of Rome - 1989, 100/101, 72
European Convention on Human Rights
acceptance by Britain of jurisdiction of Court and Commission - 1968, 21, 168
analysis of articles and their equivalents in English law - 1987, 92/93, 59
application in UK courts -1987, 92/93, 59
Article 8 and the right to respect for family life - 1989, 100/101, 71
clergy discipline procedures, impact on - 2000, 145, 21
derogation by United Kingdom regarding Northern Ireland - 1969, 24, 106
detaining foreign nationals without trial allowed for suspected terrorists - 2003, 150, 79
divorce law in Ireland and the Convention - 1985, 84/85, 14
enforcement of European Community rights - 1977, 54/55, 130
enforcing chancel repair liability - incompatible with human rights? - 2003, 151, 163
European Convention on Human Rights - 1974, 45, 126
European Convention on Human Rights & Biomedicine wrt cloning - 1999, 140/141, 26
impartial judicial forum to enforce rights - 2001, 146, 5
incorporation into domestic law - 1977, 54/55, 82
incorporation into domestic law, need for - 1985, 86/87, 4
individual right to petition Commission - 1986, 88/89, 2
jurisprudence of the European Court - 1983, 78/79, 112
major defects in observance within EU - 2001, 147, 114
ministers of religion, linking employment status with Article 9 of European Convention - 2007, 159, 129
not necessary to specifically cite ECHR in national courts for violation to be upheld - 2003, 151, 137
problems with inclusion in a - 1980, 64/65, 5
religious discrimination employment cases, effect of European Convention on UK - 1998, 138/139, 105
right to respect for family life - 1989, 100/101, 71
rights protected and enforced - 2001, 146, 5
Scottish Ecclesiastical tribunals & the convention - 2004, 153, 128
'victim' only, can bring a matter to court - 2005, 154, 27
ECHR (Cases)
Article 9 and freedom of religion: court cases - 2007, 158, 71/72/74/77/78/80
bull at Hindu temple: doesn't infringe human rights to kill when has TB - 2007, 159, 155
cases concerning prisoners - 2001, 146, 5
chastity ring, wearing of at school not a human right - 2007, 159, 150
defendants/witnesses cannot be required to reveal religious beliefs in order to take declaration rather than oath - 2010, 165, 216
Diane Pretty case: human rights not breached, no legal 'right to die' - 2003, 150, 51
freedom of religion: upholding by the ECHR - 2003, 151, 137
inheritance tax, sisters living together having to pay this on the death of one, rights not infringed by being treated differently to married/civil partners (case) - 2008, 161, 147
mother discriminated against at work due to son being disabled is a case of disability discrimination (case) - 2008, 161, 148; 2009, 162, 85
muslim dress: niqab wearing ban at school is licit, there are other ways to manifest religion - 2007, 158, 72
muslim dress: school can ban niqab for staff since hampers communication - 2007, 158, 74
muslim dress: wearing of jilbab at school not a human right - 2007, 158, 71
'sham' marriages: difficulties of legally regulating these - 2007, 159, 148
unsuccessfully invoked to circumvent blasphemy law - 2000, 145, 6
Austria
Jehovah's Witnesses seeking recognition as a religious society suffered unacceptable delays breaching Article 9 (case) - 2008, 161 154
same sex marriage: EU states not obliged to implement this or, if they do, make it correspond to marriage in every way - 2010, 165, 233
Bulgaria
Christian broadcaster can't be refused licence without right to adequate appeal (case) - 2008, 160, 52
dismissal by State employer due to belonging to a religious group is unlawful (ECHR) - 2007, 158, 78
Roma church hadn't exhausted domestic remedies for their registration before appealing to ECHR (case) - 2008, 161, 145
France
lesbian adoption may be permitted via adoption by singles, lack of male referent not an obstacle (ECHR)- 2008, 160, 50
muslim lady refusing to remove veil for identity check, can reasonably be refused a visa (case) - 2008, 161, 151
Georgia
Jehovah's Witnesses attacked by Orthodox group: inaction by authorities breaches rights - 2007, 159, 163
Germany
refusal to follow instructions leading to dismissal on grounds of 'subjective moral dilemma' does not necessarily constitute 'belief' under Article 9 (case) - 2008, 161, 144
Greece
defendants/witnesses cannot be required to reveal religious beliefs in order to take declaration rather than oath - 2010, 165, 216
freedom of religion in Greece - 2004, 152, 27
lawyer having to reveal religious convictions in order to take oath or affirmation (on taking office), contravenes Article 9 (case) - 2008, 161, 143
Italy
income tax percentage to be given to Churches can be legally set by individual EU states - 2010, 165, 236
municipal tax exemption (to churches), European Commission investigate if is illegal state aid - 2010, 165, 159
Lithuania
child custody case didn't discriminate against member of a 'new religious movement' - 2010, 165, 219
Moldova
delimiting governmental power in the religious domain: the Bessarabian Church case - 2003, 151, 137
legal recognition of Churches: religious rights & freedoms - 2003, 151, 137
State can't legally refuse to register a religious denomination - 2007, 158, 80
Netherlands
Article 9 doesn't give foreign nationals a right of residence to take up employment, even for a religious association - 2008, 160, 51
Norway
religious education: humanist parents given right to withdraw children - 2007, 159, 159
Poland
blanket refusal for surviving same-sex partners to suceed to social housing tenancy (as married would) is discrimination - 2010, 165, 226
child's rights violated by not being offered ethics class instead of R.E. - 2010, 165, 220
European Court rules that denying a lady abortion violated her human right to respect for private life - 2007, 158, 81
homosexuals: right to demonstrate for equal treatment upheld - 2007, 159, 156
State must provide mechanism for determining conditions for obtaining lawful abortion (ECHR) - 2007, 158, 81
Romania
Greek Catholic parish should be given a hearing to allow services in its former property (previously confiscated by state) - 2010, 165, 232
Russia
church services in the open: cannot ban, freedom of peaceful assembly - 2007, 159, 158
custody of children, Jehovah's Witness claims discrimination (articles 8, 14, 9 invoked) - 2008, 160, 55
ECHR ruling that Russia should legally register the Church of Scientology - 2007, 158, 77
refusal to legally register Jehovah's witnesses is unlawful - 2010, 165, 222
Spain
surviving spouse of Roma (non-civil) marriage is entitled to survivors pension - 2010, 165, 232
Turkey
authorities can't take Church property without compensation - 2010, 165, 219
exemption from religion classes should be allowed and procedures should respect applicants convictions - 2008, 160, 53
parliamentarian prevented from taking the oath due to headscarf is given disproportionate sanction (case) - 2008, 161, 153
refusal to register properties belonging to Orthodox Church violated EU 'peaceful enjoyment of possessions' - 2010, 165, 214
Ukraine
canonical allegiance: state should allow parish statute changes - 2007, 159, 160

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The Edmund Plowden Trust