Religious freedom and the principles of subsidiarity and margin of appreciation: the jurisdictional responsibilities and interrelationships of the European Court of Justice and the European Court of Human Rights.

Abstract

The European Court of Human Rights and the Court of Justice of the European Union have distinct as well as inter-related jurisdictions. This important feature of the courts is addressed in this paper with reference to cases involving judgments on religious freedom within the bounds of the principles of subsidiarity and margin of appreciation. The courts have been guided by these principles, as well as contributing to their development, in considering matters of religious freedom under EU laws and conventions. The judgments indicate the extent to which in addressing these matters the jurisdictions of the courts and their underlying responsibilities have evolved in ways that suggest convergence, but with issues remaining concerning a commitment to fully engaging in the human rights sphere, particularly but not exclusively in relation to matters of religious freedom. Show more