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2. European Nationalism: Coexistence in a Multi-ethnic and Multi-religious Society
Introduction
Nationalism and religion became more obvious in the last century
Chapter 1 - Reasons for the strong interwining of nationalism and religion in European society today. Approach = Political and Philosophical
Chapter 2 - Problem of Nationalism at the concrete level of Church and State
Final Chapter - New trends in the society and how they can be brought in connection with the current framework governing Xa and State issues

Chapter I: Nationalism and Religion. Some Political and Philosophical Remarks
- Interaction b/w nationalism and religion exists everywhere, special interest here is the situation in Europe.
- Some EU countries have specific and prominent relationship with one religion or another (Denmark, England, Sweden, Scotland, Finland, Greece), some have a dominant religion that plays a dominant role in society (Ireland and Poland)
-Reasons for the relationship - Enlightenment and modernity as well. French Revolution created a clean break with the past. Not everybody was in favour of a radical break b/w xtianity and the new world
- For Saint-Simon (French Philosopher), religion seemed to be the only pple able to create some form of unity
- Lessing - safeguarding the idea of revelation and reconciling it with reason - Progressive revelation
- Hegel - developed the idea of a heroic history leading to a final moment of fulfillment, through which the unity b/w mankind and God is permanently constituted.
- Modern thinking was unable to deny the influence of xtianity entirely.
- The attempt of associating modern thinking with xtianity were not done by philosophers or political thinkers alone. A lot of people from Roman Catholic Church had similar intentions, eg Laemennais
- Attempts of including xtianity or religion in its most exciting and challenging models by philosophers and political thinkers failed.
- In 1989, the collapse of Communism opened a way for the old image of religion to play a considerable part

Chapter II: Nationalism, Religion and Church State Relationship
A. Arguments Complicating a Compromise Today
- 1st obstacle = the irresistible march to a multi-cultural society
- 2nd obstacle = Communist system that closed borders both physically and psychologically. The memories are still being kept alive

B. Failed attempts to Reach a Compromise in the Past
- In the last 100 yrs, whenever the attempt is aimed at, the rational component ended up to dominate the mystic one. Eg 1911 Portuguese revolution. The 1911 Constitution recognised freedom of religion and conscience, unlike the 1826 and 1836 Constitutions that recognized Roman Catholic religion as the official state religion. The 1905 France Separation-law. Article 1 guarantees the freedom of conscience as well as the free exercise of cultes
A compromise b/w rational and mystic thinking in legal Church and State relationships is not an easy goal to work towards.

C. A Possible Compromise Proposal Between a Rational and a Mystic Approach.
- This should take into account 1. elements complicating a balanced compromise today, 2. the lessons of the past showing that real compromises are difficult to achieve.
- 2 levels of the compromise
Level A - the rational pple of basic religious freedom is achieved. (ECHR Art. 9, 2)

Much more is guaranteed than just tolerance

Level B - basic religious freedom is supposed to be guaranteed.
More openness should be achieved

Chapter III: New Perspectives For A New Model?
A. Changes in the Relationships Between Church and State
The models should be useful and a workable tool for the future.

B. The Paradigm of Cooperation in a Multi-Religious Society
- 19th C ideas on Xa and State relationships was dominated by the discussion on separation b/w Xa and State and all problems connected with the central question.
- A good eg of this debate is the question of whether or not a civil marriage should always precede a religious one
- 20th C welfare state invites cooperation b/w Xa and State. Cooperation paradigm replaces the separation paradigm
- Xas became helpful partners in governing society by agreement
- Level B has an extra and renewed dimension in the atmosphere of cooperation
- It could be useful and tactically recommendable for religions and Xas to work together: together they represent more people.
- In many European countries, this collaboration b/w Xas and religious movts is highly developed - Eg, the Netherlands - Raad van Kerken. Germany - Roman Catholic Church and the Evangelische Kirche in Deustchland (EKD)

- 2 Collaborations
a. Collaboration of Xas
- Focuses on the defence of interests and the improved formal position of Xas in state legislation and administrations
b. Collaboration of religions
- Cooperation.
- Mutual discussions concerning one's belief and the content of the faith supporting it
This form is difficult to achieve in a truly multi religious society where religions have a clearly different doctrine

C. Supra-National and Infra-National Aspects of Church and State Relationships
- Not new
- The UNO Declaration on Human Rights and the ECHR
- Xa-State relationships are not exclusively at the national level
- Supra-national treaties
- 2 new possible levels (a) the level of the EU itself

-the national level is converted into the intermediate level

-EU Level - not competent for Xa and State matters in pple

- Regional Level - Xa and State questions may emerge in a more notable way than before

3. The Roman Catholic Church and Secular Legal Culture in the Twentieth Century
Introduction
- CL has a long tradition and played an important role in European history
- 20th C - role limited to the internal life of the Xa with the pol separation of the modern ideas b/w Xa and State
- Since Vat II there is a move from the legal to the highly theological approach to CL
- CL offers practical solutions to practical problems
- 3 Snapshots 1. 1917 Code

  1. 1983 Code

  2. the situation today

- Major attention - the open or hidden relationship b/w modern legal thinking and CL
- Methods - healthy theological reflection, solid theological basis and use of secular legal science

First Snapshot: The Code of 1917
- Offered a new and brilliant synthesis of CL
- Began with Pius X and completed by Benedict XV
- "Real" author - Italian canonist, Pietro Gaspari
- The internal consistency was very high since it was basically the work of one man
- Xteristics: 1. Dealt with the important topics from the viewpoint of Catholic faith - the role of the Pope, bishops and pastors; the legal position of the sacraments; internal Xa procedures. 2. the position and autonomy of the Church - the idea of societas perfecta

Societas perfecta
The widespread and virulent conflict faced by the Xa in Europe in the 18th and 19th Centuries
Grounds of the conflict
- 1. Establishment of State Church in the protestant parts of Europe

-Logically, the Church formulated an answer to this evolution through papal stmts and concordats and the development of the concept of societas perfecta
- Franciscus Rautenstrauch (Austrian canonist + 1785) was probably the first to use the term, societas perfecta. That the christian society is of divine origin. It is a perfect society.
-The canonists that developed the idea in the following century include: Tarparelli, Tarquini and Cavangnis. Joseph Kleutgen who drafted the Tametsi Deus of Vat I offered an excellent definition. For him, it is distinct, absolute, complete and sufficient in itself; not subject to, joined, mixed or confused with any other society
- Autonomy is the key notion
- Used by canonists to refute the protestant jurists
- This is the period when the 1917 Code was born
- Found in Benedict XV's Providentissima mater ecclesia with which he promulgated the Code
- A philosophical and political rooted doctrine but influenced canon law and the relationship with secular state
- 2 Illustrations:

- 1917 Code has 5 books with the book De Rebus with 826 canons. Sac law integrated in this book. In the 60's and 70's the placement of the sacs in this book was seen as inadmissible, since it eclipsed the theological dimension of the sacs and reduced them to an object.
- The 1917 Code was able to reconcile the theological concepts and priorities of the church with the legal techniques of secular rural society, including the key role of a code protecting property or real estate.
- The brilliance of the Code lies partly in synthesis of the legal approach of protecting the valuable goods of the church - the sacs. The idea of societas perfecta was quite helpful in this regard.
-Conclusion: In the 1917 code secular and canon law were technically speaking very close to each other.

Second Snapshot: The 1983 Code
- Pius XII was the last pope to employ the notion of societas perfecta
- With Vat II, the idea went beyond the scope of church independence and was broadened to include the description of the essence of the church
- The term was not used in the description of the church by Vat II, rather the church was seen as a sacrament, people of God, the Body of Christ, and as a prophetic, priestly and eschatological society. However, the idea of societas perfecta was not openly rejected.
- Vat II discontinued the tradition of the perfect society and proposed new theological concepts.
- 1983 Code that replaced the 1917 translated the theological ideas of Vat II
- The proper nature of the Xa became a key notion for the development of the new canon law
- 2 Illustrations:

- 1983 vis-a-vis 1917 is confronted with double tension - 1. A result of inner-Xa theological moves 2. linked up with changing paradigms in secular legal culture
- The 1st tension is due to the difficult combination of the old hierarchical thinking with the new ideas advanced by Vat II
- The 2nd tension is due to evolution in legal culture
- The 2 tensions have one element in common - the increasing importance of individual rights, of rights of the faithful
- The Xa cherishes some form of ius perfectum instead of societas perfecta
- The duties and rights of the Xtian faithful seem to be close to human rights in civil society, but they are not.
- Unlike the societas perfecta, the ius perfectum is not fully accepted by the members of the people of God. Catholics are critical towards the legal system of their Xa.
- 3 reasons:

- Conclusion - the link b/w civil and canon law in 1917 was broken in 1983

Third Snapshot: Canon Law in 1999
- Unresolved tensions xterising the 1983 Code still exist today
- There is a growing interest for canon law in the European society
- A steady evolution takes place
- 3 identifiable steps:

- Evolution took place that started from a theological approach, passed by a sociological analysis, and ended up in the field of CL
- This evolution is striking and interesting - it confirms the broadening of the scope of CL
- 1917 was a Code by and for the clerics
- 1983 - lay people obtain a clear legal position with rights and duties

- The norms are coloured by the ecclesiological and theological thinking
- The clash b/w the apparent and real significance and impact of a norm can undermine its credibility for a larger audience
- subjective rights in the Xa exercised if they serve the common good?
- C. 135?
- C. 221, 3 and 1399?
-The external observer makes a judgment about the legal quality and thus the credibility of internal Xa life not through ius perfectum concept but with the concept of law that he has, a concept highly coloured by contemporary legal thinking
- Today, citizens hold the opinion that groups in society should be something like a societas perfecta, having their own consistent legal structure
- Netherlands 1997-1998- the role of psychiatrists in the Xa's marriage process
- Civil society, legal culture and medical deontology no longer accepts a canon law approach contrary to modern standards concerning protection of privacy, right of defence and other fund. rights
- Belgium 1998 - a pastor an appointee of the bishop in events of sexual abuse vis-a-vis art. 1384 of the civil statute book?

- The trends in secular law and jurisprudence pose a question to the internal organization of the Xa and her legal systems
- Modern citizens and secular states want the Xas to be perfect societies not in line with the classical definition of Joseph Kleutgen, but in a new more demanding sense
- 1917 used the State's concept of complete independence and autonomy, now the State uses its ideas concerning society - decent society in order to promote and enforce the protection of rights and rule of law within the Xa

Concluding Remarks
- 1st, the scope of CL seems to widen
- 2nd, in her relationship towards civil legal culture, the Xa moves from offensive towards a defensive position
- 3rd, CL cannot survive without taking the evolution in civil legal culture seriously

5. Should Churches Be Subsidized? Different Models. Some Perspectives

  1. Introductory Remarks

- Money is a factor that Xas will have to deal with b/c the financial position of Xas, will to a considerable extent determine the real possibilities of spreading their message
- Q: How should Xa collect money? 3 Possibilities

  1. by relying on the faithful

    b. by State funding

    c. combination of A and B

5 distinguishable European models of Xa financing

2. Three Models of Church Financing

  1. Direct Financial State Support

- the most obvious financial support
- the straight financing of Xas or Xa activities
- direct support of Greece

- not all state Xas enjoy direct financial state support eg England
- some countries have no official state religion but directly support more than one Xa or religion eg. Belgium, Luxembourg and Alsace-Moselle in Eastern part of France
-funding of recognized religion found in the state budget.
- Belgium art 181- salaries and pensions of ministers of rel

-advantages of direct support

- negative xteristics

  1. direct support implies a very structural approach

  2. lack of healthy feeling for financial responsibility

  3. Pple of equality among religions

- Criteria for financing

  1. Proper will of the rel org

    b. Minimal no of members required

    c. Acceptance of a contemporary pluralistic democracy

B. State-Created Framework
- A less prominent direct role of the State in supporting Xas financially
- a legal system that allows Xas to levy taxes or make use of the tax money collected by state authorities
- offers a wide range of possibilities
- German kirchensteuer, some considerable difference in Austria and Switzerland

More recent structure of the model exists in Italy and Spain
- Spanish system – only the Catholic Xa
- In his tax return, the taxpayer states to give a % (0.5239) he has to pay to the state to Catholic or other social purposes
- the money is deducted from his tax
- Unlike kirchensteuer a. Not an independent form of tax

- Italian system

Germany vis-a-vis Spain and Italy
a. Amount of taxes are different
b. Germany receives more money
c. The technique is different – Italy/Spain not by the Xa but state
d. Italy/Spain – postmodern look

- Positive elements

  1. People have direct voice in the financing of Xas

  2. Xa financing grows or decreases

- Criticisms

  1. The framework system is not perfect

  2. Complete equality among rel. groups not realized

  3. In Germany, easy to enter into the system

  4. Italy, concluded agreement with the State

  5. Spain favours the Catholic Xa

  6. Italy/Spain introduce market mechanism

Conclusion – this offers more advantages

C. Separation Between Church and State, But Indirect Support
- The faithful are financially responsible for their Xas

- Advantages of indirect support

  1. Xas are not object of direct measures

  2. They receive money b/c of the useful services they offer to society

Criticisms
1. Empirical usefulness not the message
2. Theoretical separation, not pure separation

3.The Three Models of Church Financing: Which is the Better One?
- The 3 could be seen as a process
- All 3 are flexible enough to refine themselves and to remain an acceptable framework for the legal translation of the relationships b/w Xa and State

4.Should Churches Be Subsidized?
- an hermeneutical question

Conclusions
EU knows 3 models of Xa financing

7. Church and State: Relevant Issues for a Democratic State

8. Relationships Between the State and Religious Groups

11. Church and State in Belgium
-1. Social Facts - 70% Catholic, 1% protestant, 4% muslim. Estimates of non-believers run 3-15%. Country is highly secularized.

12. Restrictions of Religious Freedom in Belgium
I. Analysis - Article looks first at principles, second at legislator and third at administrative practice.

  1. Hierarchy of norms: 1st is Universal Declaration on Human Rights which gives principles, but is not directly applicable. European Convention on Human Rights is directly applicable in Belgium. In Belgium, constitution is highest, then legislation, then execution of the law. Only recently have belgian courts been able to pass judgement on competence of other branches of government.

  1. Restrictions on the Level of Principles. Basic principles are in the European Convention on Human Rights Article 9 on religious freedom and Belgian Constitution of 1831 containing 4 articles on religious freedom. Art 19 guarantees freedom of worship and its free and public practice and speaks of crimes committed in exercise of religious freedom. Article 20 no person may be forced to participate in worship, Article 21 says state has no right to interfere in appointment of ministers of religion, Article 181 says ministers of religion are paid by the state but also implies there are groups that may not, or not yet qualify. Restrictions deal more with a demarcation of competences than with a clash of rights or values. Church and state are mutually independent. However, civil marriage must precede church marriage - this is indefensible, but functionally indispensible. When it started, there was no debate about the content of marriage, but today, there is, with homosexual unions. However, recently the main religious leader in belgium came out in favor of civil control of marriages.

  2. Ordinary Legislation and the Restriction of Religious Freedom -

    1. First period. Article 19 prohibits crimes in the name of religion. Penal code provides for imprisonment of religious minister who repeatedly performs religious marriage before the civil marriage. Also prohibited are religious ministers that attack the government verbally in public.

    2. Second period. Conscientious objection to military service, oaths, etc. Solutions were found more on the level of application than on the level of norms. Jurisprudence was important in this. First the reference to divinity was eliminated from the oath, however, refusal to take the oath was not accepted (e.g. by a Jehovah's Witness). So Religions were given exceptions to general norms.

    3. Third Period beginning in the 1990s defined 'harmful sectarian organizations' especially those promoting illegal activities. It was attacked unsuccessfully in court. Religious organizations now have less freedom than ordinary associations.

      Conclusion: Evolution of legislation 1. specific norms for religious freedom, 2. general norms with exceptions for religion, 3. specific legislation on religious groups, reflecting distrust of new religious movements. Also, limitations focus on the groups, and freedoms focus on the individual exercise.

  3. Concrete policy and Limitations on Religious Freedom. Recognized religious denominations is the basis of indirect inequality. Financing of religion is a well established part of the European experience, but it is not without its problems. There are six recognized religions in Belgium. Recognition is based on: number of adherents, established structure, presence in the country, social interest, abstention from anti-social activity. Non recognized groups still have religious freedom, and perhaps should have some access to state funds. While policy makers are moving to increasing objectivity, practical administration harbors the possibility of concrete discrimination.

Conclusion. Belgium has restrictions on religious freedom - while it is no longer a clash of church versus state powers, there is a clash of values. Three areas of vigilance are needed:

  1. Often the question of restricion of religious freedom is avoided in facially neutral laws and their enforcement.

  2. There is more distrust of religious groups than of individual religious convictions, both suspicion of the formerly powerful Catholic Church and fear of new religious movements.

  3. Equality among groups isn't achieved, especially with regard to financing. An intermediate stage between recognized and non-recognized might be helpful in granting some privileges if some criteria are met.

Case Studies:

  1. Use of opium in recognized religion in violation of drug laws would likely not be permitted.

  2. Inmate converts to Sikhism and wants to observe dress and dietary requirements. This is discretionary, but probalby the ritual knife would be disallowed.

  3. Soldier wants to observe orthodox Judaism. Could depend on openness of military to work with the requirements.

  4. Restriction of distribution of literature that creates literature and disturbance: time, place and manner.

  5. Registration, recognition and legal personality. These are not rights, but may be legitimate expectations. In addition, if some religions have them, then others may bring cases based on equality required by religious freedom.

  6. Religious Garb in schools - often come off on pragmatic grounds as dress codes.

  7. State Schools / Religious Observances. Likely the court will allow freedom of nonparticipation.

  8. Blood transfusion may be refused personally, but not for an unconscious spouse or child.

  9. Land use - historical building will probably not be challenged.

  10. Humanist associations enjoy many of the benefits afforded to religious groups.

  11. There are no laws on solicitation or on proselytism.

  12. Religious associations hire under labor contract - it is not clear how a religious requirement in such a contract would be treated.

13. Constructual Religious Freedom
1. Evolution with regard to human rights

  1. Human rights as a free zone for citizens - state sovereignty is to some extent counterbalanced by the individual citizens' and group rights.

  2. Horizontal Human Rights - Gradually human rights became the condition without which no political system can be legitimate, the core of western democracy. In addition to rights against the state, rights vis-a-vis private citizens arose in the horizontal dimension.

  3. Crisis - Current decline of human rights results from 1. September 11 and counterbalance of security concerns, 2. Growing ambiguity about multicultural reality in western countries. Early multiculturalism seen as an enichment, but now it is challenging the dominant culture and values.

  4. Answers - 1. First solution is narrowing the concept of religion: using a western christian definition is too narrow, and exclusive, but leaving the definition too broad is subject ot abuse. 2. Second solution expand the concept of "public safety, protection of public order, health or morals or the protection of the rights and freedoms of others" which Article 9.2 of the ECHR allows to limit religious freedom.

2. Monitoring religious freedom by contract.

  1. European framework with two levels - Level A is religious freedom which must remain firmly in place, with due regard to public safety and order, etc. Level B is relationships set up between religious groups and the state, certain privileges, e.g. financing.

  2. European model: why? The model emerged from the individuation and subsequent competition between church and state for social power and finally cooperative relations developed. Also, Europe is a welfare state in which requires material support for churches as much as for other social institutions.

  3. Contracts: not related to religious freedom which must exist before any negotiation but related to State and Church relationships where conditional subsidies can be based on acceptance of the rule of law.

  4. Content of Contracts: 1. Financing of ministers of religion could be tied to educational criteria for the ministers. 2. Tying financing to certain issues more closely tied to the theology of the group - e.g. requiring opening of priesthood to women - premised on the increasing social intolerance for discrimination against them. 3. Stimulating interreligious dialogue, e.g. common agreements on proselytising.

3. Points of concern

  1. From the angle of the State - 1. Equality of treatment of religious groups is an increasing concern as an aspect of religious freedom, so there must be a clear objective basis for this. 2. As religious groups work to ban opposition (Monammed cartoons, Da Vinci Code) the state should allow other citizens the freedom to criticize. 3. Religious ideas can be seen as a safe haven against globalization. 4. International law seems to be taking a conservative stance against homosexual marriage in Human Rights law.

  2. From the angle of the Churches. 1. The churches relinquish the exercise of rights, not the rights themselves. 2. Contracting alongside others seems to yield to relativism, but it is practical relativism rather than ontological relativism. 3. Religiously inspired conservatism seems to be growing - can't it then hold its own against the liberal state - perhaps not as the various religious truths can't form a lasting alliance.

4. Conclusion - Religious freedom can be moderated in traditional ways by narrowing the definition of religion and expanding the legitimate limits of that freedom. In addition contracts may be used to regulate church state relations.

14. Marriage and Religious Freedom

  1. Competition between State and Church regarding formal control over marriage was played out in the 19th century as the two institutions struggled for control over society. Belgian constitution Article 21.2 requires civil marriage before religious and is probably indefensible under modern numan rights law. When written, the content of the two was nearly identical. Lifelong partnership, requiring free consent, husband dominant, procreation was and element.

  2. Creeping evolution in civil marriage: divorce, equality of men and women, procreation not essential, artifical and assisted procreation, prenuptial agreements specifiying content of marriage. Meanwhile canonical marriage was evolving to a lifelong covenant and community of life. So there exists now a real difference in the civil and religious marriage, is the church limiting human rights by disallowing remarriage by one who is civilly free to marry?

  3. Civil law struggles to provide a legal position for various life partnerships: same sex, live-ins, etc. 1. Now church (formerly at odds with state control of marriage) supports state restriction of marriage to heterosexuals - as if state had the right. 2. Though church sees secular marriage as a non-entity, it opposes homosexual marriages and cohabitation. The church yields competence to the state, then wants to invest it with church significance.

Conclusion: Three eras in catholic marriage and religious freedom: 1. 19th century - church and state competition. 2. Last half of the 20th century saw a widening gap between the content of state and catholic marriage. 3. Church now seeks to use its influence to exclude same sex unions from the perview of marriage.

15 Church Financing: Towards a Europen Model

  1. Underlying Grounds for financing religious grounds: three grounds may be articulated. 1. Dignity Early 19th century financing was based on compensation for nationalization of church goods and the historical dignity of the churches. 2. Cooperation Second era began after World War I and expanded from the 40s on. With it came payment of religions for their usefulness in providing social services. 3. Security Current basis of financing is willingness of religions to promote security by accepting the democratic state, the rule of law and legal order.

  2. Increasing contractual relationships - do ut des or quid pro quo: religious groups receive benefits from the state but must offer guarantee of peace and security in exchange in a conditional subsidy. The churches retain religious freedom, but choose to limit themselves for the benefits they get. In a declining welfare state there is less money availableto offer attractive contracts.

  3. Contracts and internal evolution of religious. 1. State moves from a position of passive neutrality to one of active pluralism. 2. The contractual approach may entangle the state too deeply in matters better left to the religion. E.g. rule of law can be accepted easily, there is more difficulty promoting human rights within the group itself: e.g. equality of women and freedom to leave the religion.

  4. Financing and Social Cohesion. - There have been a disconnect between church involvement and church financing in Europe because churches are folstered for social cohesion and integration independent from personal belief.

  5. Equality. The US model of equating religious freedom and equality of treatment is making inroads in Europe. 1. Rigid equality of financing is impossible, but more equity could be achieved. 2. If religions are financed for the social cohesion they bring, then differences are based on social results, not on the religions themselves. 3. In Europe equality of financing is tending to bring smaller groups up to the level of traditional religions, rather than the reverse. 4. Social cohesion may make it more necessary to fund minority religions to bring them into social integration. 5. While equality in financing is unrealistic, states should strive for transparency and equity.

16 Religion and State Relationship in Europe

  1. European Model - there is no unified system, The Amsterdam Treaty of 1997 states in declaration 11: "The European Union respects and does not prejudice the status under national law of churches and religious associations or communities in member states. The Euorpean Union equally respects the status of philosophical and non-confessional organizations." National competency is based on diverse national histories of member states. E.g. German Korperschaften des offentlichen Rechts and French laicite seem irreconcilable.

  2. However Europe influences the legal position of churches and religious groups

    1. directly - Open, transparent and regular dialogue between EU and religious groups is envisaged by the draft European Constitution.

    2. indirectly - As European legislation increases its scope of influence, indirect influence on religion will increase, e.g. in tax law and religious liberty cases at Strasbourg.

  3. But similarities abound:

  4. New religions raise questions: payment and formation of Imams; Diverse burial practices.

  5. Three basic gypes of civil ecclesiastical law systems in the EU:

    1. State church - England, denmark, greece, malta

    2. Strict Separation - France, netherlands

    3. Mutual Independence - Luxembourg, Belgium, etc. Sometimes based on covenant.

    4. Trends:

      1. Move toward disestablishemnt

      2. Self determinations is greater since there is no rivalry with the state, yet, civil courts are also increasingly looking at internal procedures of churches.

      3. Church Financing remains typical, though there has been an evolution of rationale: 1. compensation of nationalization 2. social utility, 3. promotion of security.

  6. Conclusion and outlook: There are commonalities and differences in EU religion / state relationships. With increasing focus on individuals, one might expect church / state relationship to show a move to relationship with the individual and group projects in contradistinction to the relationship with the church hierarchy.

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