Abstrakt
The author proposes the abrogation of Act No. 3/2002 Sb., on religious communities, if only for its fundamental defi ciencies with respect to the conclusion of contracts between religious communities and the state. He emphasizes that religion law is an area of law that is independent from administrative law, and therefore it is necessary to approach the sources of religion law with the application of principles inherent to religion law.
The author contradicts the view that contracts concluded between religious communities and the state are public law contracts under Part Five of the Code of Administrative Procedure. He takes the view that contracts between religious communities and the state have a nature that more closely resembles a source of law, and de lege ferenda, he proposes legislating the possibility of concluding them, with a clear statement of their legal nature, as sources of law sui generis.
The appropriate source of inspiration for this solution is in German, Slovak, and Spanish laws.