The secularism in Europe is often associated with the French model, based on the principle of separation of churches and state since 1905. However, at the continental level, relations between states and religions are based on the a wide range of historical traditions, ranging from strict separation between public institutions and religious systems of institutional cooperation.
If the European Union does not propose a single definition, it is in line with the State neutrality and protection of freedoms. Thus, comparison of the different approaches secularism in EuropeThere is a wide variety of practices, while building on a common foundation based on the fundamental freedoms and respect forEuropean public area.
A common foundation based on freedom of conscience
Despite the differences between States, Freedom of conscience is a central principle. It guarantees everyone the right to believe, not to believe or to change religion.
Protection under European law
Freedom of thought, conscience and religion is enshrined inArticle 9 of the European Convention on Human Rights. It is also resumed at the end of the year.Article 10 of the European Union Charter of Fundamental Rights, which has been part of the Community acquis sinceentry into force in 2009 of the Treaty of Lisbon. These two texts participate in building the fundamental rights of the European Union.
The European Union therefore favours an approach centred on pluralism and protection of individuals, more than on a strict vision of secularism.
This dynamic is part of a broader process of secularization in Europe, marked by a gradual evolution of the relationship between religion and society.
The decline in blasphemy and the evolution of societies
The progressive disappearance of the offence of blasphemy in several countries illustrates this transformation. For example, Ireland In particular, it was abolished in 2020 following a referendum held in 2018.
This development reflects a decrease in the direct influence of religious norms in civil and criminal law.
It also reflects changes in the public policy, now more oriented towards protection of individuals and their freedoms only towards that of the sacred.
Various relations between States and religions
National models remain deeply influenced by History. States and religions in Europe have a wide variety of relations, with some constitutions still mentioning the European religious heritage.
Constitutions marked by history
In several countries, these references reflect the lasting influence of religious traditions in political and legal organization. Some European constitutions still reference to God or Christian roots of the nation, Germany, Greece, Hungary and Ireland.
Other countries maintain a Official Religion. To Denmark, for example, the sovereign must belong to the Lutheran Church.
Dhe various modes of cooperation with cults
In many European countries, relations between the state and religions are based on the specific agreements, illustrating forms of religious regulation adapted to national contexts. These systems are more in line with a cooperation between public authorities and religions strict separation. This diversity of models reflects the plurality of traditions historical, cultural and religious history in Europe.
For example, several States have concluded Agreements, i.e. agreements between a State and the Holy See to organize relations with the Catholic Church. Such agreements exist in Spain, Italy, Portugal or Poland. More broadly, some States continue to financing certain cults or maintain privileged institutional relations with the churches, which contrasts with the French model of secularism based on the principle of separation between the State and religious organizations.
Religious expression in public space
In the daily life, differences between European states are particularly visible in the framework of religious practices, particularly in the field ofeducation and wearing religious signs.
For example, several European countries include religious education in the curricula of public schools. Similarly, some States, such as France, Belgium, Denmark or Austria, have adopted restrictions on the wearing of full veils in public spaces, while others favour an approach more based on individual freedom and the protection of religious freedom.
These questions demonstrate the diversity of religious policies in Europe, where the balance between individual freedom, state neutrality and the supervision of religious manifestations varies significantly from country to country.
Religion in the construction of Europe
Religious issues have long been missing from the European Treaties. However,deepening the European integration process and debates on the common values of the Union have gradually led Member States to position themselves on the place of religions in the European area.
The debate on the Christian roots of Europe
Among other things, the issue of Christian roots revealed differences between States.
At the beginning 2000a number of States have wished to include in European texts a explicit reference to the Christian roots of Europe or to God.
There was strong opposition to this proposal, particularly from France and Belgium, which were committed to a more neutral approach to public institutions.
The compromise adopted around the "spiritual heritage" illustrates a will tobalance between historical recognition and neutrality.
Article 17 of the Lisbon Treaty
Article 17 of the Treaty on the Functioning of the European Union (TFEU), introduced by the Treaty of Lisbon signed in 2007 and entered into force in 2009, formalises this position by an open, transparent and regular dialogue between the European Union and churches, associations or religious communities, as well as philosophical and non-confessional organizations. It thus reinforces the consideration of pluralism within the European institutions.
The growing role of European courts
Beyond the texts, the influence of European law is also exercised through the decisions of European courts: the Court of Justice of the European Union (CJEU) and European Court of Human Rights (ECHR).
These courts allow defining the balance between religious freedom, neutrality, non-discrimination and respect for national traditions.
Business neutrality
The ECJ has been asked to comment on the wearing religious signs in the world of work.
It considers that a company may impose a requirement of neutrality on certain conditionsin particular where that measure is justified by a legitimate objective and respects the principle of proportionality.
The margin of discretion of States
For its part, the ECHR adopts a more flexible.
It generally recognizes States a wide margin of appreciation in matters relating to religion. This position led to the validation of both the prohibition of face concealment in public space in France and the presence of crucifixes in some Italian schools.
For the ECHR, national historical and cultural traditions must be taken into account the application of European principles. This case law illustrates the desire to reconcile the existence of a common European framework with the maintenance of the diversity of national models.
A Europe of pluralism
The European Union not a Europe of uniform secularism, but rather a space marked by pluralism.
Between national traditions, regulation of cults and influence of European law, it appears as a framework in which there are different models, all framed by common principles of freedom and respect for beliefs.
What is the difference between secularity, neutrality and secularization?
Secularity refers to a legal framework that organizes the separation between the State and religions, while neutrality refers to the duty of public institutions not to favour any conviction.
Secularization, for its part, describes a fundamental movement in which religion occupies a less central place in society.
Which European countries still have a state religion?
Several European countries maintain strong institutional ties with an official or historical religion. For example, of Denmark and the United Kingdom, although these situations vary widely from one State to another.
How does European law deal with religious issues?
European law protects freedom of thought, conscience and religion, while ensuring respect for pluralism and non-discrimination. It does not impose a single model of secularism, but establishes a common framework of fundamental rights.
