Sindicatul 'Pastorul cel Bun' v Romania

Human rights – Right to freedom of assembly and association – Right to form trade union – Interference with – 35 members of clergy and lay staff of Orthodox Church forming union to protect members’ rights – President of union petitioning court to grant legal personality to union and allow entry into register of trade unions – First instance court granting legal personality and registering union – County court allowing archdiocese’s appeal and revoking registration on grounds (i) priests exercising managerial functions therefore prohibited from forming trade union, (ii) clergy required by canon law to obtain consent from synod to form trade union, (iii) restriction necessary to protect Orthodox Christian tradition, (iv) church should not be required to consult with independent body before reaching decisions on ecclesiastical matters – European Court of Human Rights Third Section ruling violation of right to freedom of association on grounds interference with union’s right to form not proportionate in light of government goal – Whether special features of clergy duties sufficient to remove relationship between clergy and Church from ambit of art 11 – Whether aim of protecting Church’s interests legitimate, prescribed by law, and necessary in a democratic society to preserve Church’s religious autonomy – European Convention on Human Rights, arts 9, 11

Appeal · Autonomy · Convention · Democracy · Human rights · Political science · Politics · Law · Religious Freedom and Discrimination · Taxation and Legal Issues · Theology and Canon Law Studies