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The Case for Tolerance as a European Value
By Renáta Uitz
The minimum conditions of belonging to the European Union (EU) were recently spelled out by the Court of Justice of the European Union (CJEU) in the values judgment (Case C-769/22, European Commission v. Hungary (21 April 2026)). Responding to the rule of law crisis, CJEU case law to date has focused on values set out expressly in Article 2 of the Treaty on European Union (TEU) such as the rule of law and respect for fundamental rights. Other contenders for EU values emerging on the heels of the migration crisis include solidarity in the face of religious diversity (based on TEU Article 2) and animal welfare as a rationale for limitations on ritual slaughter (based on Article 13 of the Treaty on the Functioning of the EU (TFEU) and Article 37 of the EU Charter of Fundamental Rights (EUCFR)). Christianity (as the defining feature of European culture) is also a prominent contender, with discussions focusing on the EU’s role in protecting Christianity, Christian values, and Christian civilization.
From Exception to Norm: Rethinking Religious Freedom Through the Law of Diversity
By Eugenia Relaño Pastor
The theme chosen for this Symposium, “Building an Infrastructure for Freedom of Religion or Belief,” is deliberately architectural. An infrastructure is not a single wall or a single right; it is a system of interdependent supports—legal, institutional, social, and cultural—without which no single structure can stand for long. My argument relative to this theme is that the classical infrastructure we have built around freedom of religion or belief, however monumental, has load-bearing weaknesses that we can no longer ignore. Those weaknesses appear at two levels: first, in the doctrinal architecture of freedom of religion itself; second, in the poorly integrated architecture built for the protection of religious minorities. I will argue that both weaknesses stem from a common, deeper cause: a jurisprudential and normative trend that continues to treat religious diversity as an exception to be managed rather than as the ordinary condition of contemporary societies. …
In Lautsi v. Italy (2011), the European Court of Human Rights considered whether a crucifix displayed in an Italian public-school classroom violated a non-Catholic student’s right to religious freedom. While a chamber of the Court decided in favor of the student, the Grand Chamber later sided with the Italian government and found the crucifix to be a passive symbol that did not infringe the student’s and his parents’ rights. Elizabeth A. Clark explains how her experience as a member of a religious minority group complicates her views of the Grand Chamber’s Lautsi judgment.
This post explores the question of whether, and in what conditions, a state might establish an official religion while still guaranteeing freedom for minority religions. I address this question by advancing a (very brief) case for an approach to church-state arrangements and religious freedom based on philosophical pragmatism that offers a clear—if not necessarily immediately helpful—answer. The please excuse the fact that the arguments presented below are necessarily succinct, due to the constraints of the blog format.
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