| Abstract [eng] |
In addition to the norms enshrined in the Constitution, the activities of religious organisations are more broadly regulated by the Law on Religious Communities and Societies of the Republic of Lithuania. In order to spread their faith more widely and to obtain the status of a state-recognised religious community, it must be registered in the Register of Legal Entities. The registration of religious communities as a legal entity varies depending on which tier the religious community belongs to. The Constitution and the Law provide for two tiers of religious communities, the Constitutional Court's rulings distinguish between three tiers of religious communities, and in practice there are four tiers of religious communities. All the communities have similarities as well as differences, ranging from the procedure for registration, the additional conditions to be imposed and the exclusive privileges to be granted. The State may grant state recognition status to religious communities (which operate as a legal entity) if they meet the requirements set for them. The main focus is to examine the procedure for state recognition of a religious community and to discuss in more detail the problematic aspects arising from this process. Three problematic aspects of the procedure for state recognition of a religious community, as set out in the Law on Religious Communities and Societies, are highlighted: the 25-year time limit from the date of registration in the Register of Legal Entities to submit an application to the Seimas for the granting of the state recognition status. The problem of the vagueness of the concept of "having a foothold in society" and the question of the binding nature of the opinion provided by the Ministry of Justice. Two other problematic aspects are presented through the situation of the Ancient Baltic Religious Community "Romuva" in Lithuania and its case before the European Court of Human Rights: No laws provide for a procedure of appealing against the Seimas decision on granting state recognition status. Also, nowhere is it established on what basis the Seimas adopts this decision and why it may not be reasoned. |
