Charles Explorer logo
🇬🇧

The Cooperation Agreements Between Religious Communities and the Czech Republic

Publication at Faculty of Law |
2016

Abstract

The author proposes the abrogation of Act No. 3/2002 Sb. if only for its fundamental deficiencies in the field of closing contracts between religious communities and the state. He emphasises that religion law is an area of law independent from administrative law.

Therefore, it is necessary to approach the sources of religion law with the application of principles proper to religion law. The author contradicts the view that contracts closed between religious communities and the state are public law contracts under Part Five of the Administrative Procedure Code.

He takes the view that the contracts between religious communities and the state have a nature close to sources of law and, de lege ferenda, he proposes the enactment of the possibility of concluding them, with a clear statement of their legal nature, as sources of law sui generis. The appropriate source of inspiration is German, Slovak, and Spanish law.