The space reserved for religion in France can be inferred from the relationship between the recognition of both religious freedom and principles of separation and secularism. The religious fact discloses only to the private sphere. Moreover, the French State cannot provide an express legal definition of religion as well as of laïcité. Therefore, despite this impossibility, the Conseil d’État, has often been invested in issues that such a definition postulated, especially in respect of tax exemption and places of worship. Some of the decisions made since the late 1980s will be under consideration. These should be underlined for their contribution to the formulation of a functional notion of worship that redefine the boundaries of separation and secularism, renewing the exegesis of the 1905 Act.
The meaning of 'Religion' in French case law. The jundgements of the Conseil d'Etat
Maria Cristina Ivaldi
2017
Abstract
The space reserved for religion in France can be inferred from the relationship between the recognition of both religious freedom and principles of separation and secularism. The religious fact discloses only to the private sphere. Moreover, the French State cannot provide an express legal definition of religion as well as of laïcité. Therefore, despite this impossibility, the Conseil d’État, has often been invested in issues that such a definition postulated, especially in respect of tax exemption and places of worship. Some of the decisions made since the late 1980s will be under consideration. These should be underlined for their contribution to the formulation of a functional notion of worship that redefine the boundaries of separation and secularism, renewing the exegesis of the 1905 Act.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
