States and religion, European model of relations
Furthermore, the Court draws a in concreto analysis of the real potential to seize political power. The Court analyzes the danger. This should be "tangible and immediate." The dissolution of a political party must meet a pressing social need: the Court in Refah, analyzes the chances of completing the project in § 107. It takes into account the history of Turkey, where the theocratic regime is not unachievable given the "historical experience" of this country. "The Refah Partisi draft policy was neither theoretical nor illusory, but achievable, for two reasons:
"At dissolution, the Refah (had) 157 MPs." In addition .... Political movements based on religious fundamentalism have been able, through the past to seize political power .... ".
If "the effective functioning of the democratic rule of law is threatened tangible and immediate" dissolution is justified.
So the ECtHR, controlling the interference of the state (Constitutional Court) which dissolved the Refah, decided that it corresponded to a "pressing social need" "proportionate to the aims pursued". She concluded the non-violation of Article 11 of the Convention.
Yet we must remember that it is possible to defend the Shari'ah as part of pluralism and without resort to violence.
[...] Hence the difference in treatment between the Refah case and Darby. Gunduz against Turkey on 4 December 2003: TV program, statements, inciting hatred and hostility, Kemalism, Islamic movement. Art and 25. Socialist Party of Turkey (STP) and others against Turkey of 12 November 2003: freedom of association, national security (Article necessary in a democratic society (Article 11). Infringement of Article 11 and no need to examine Article and 14. Refah Partisi and Others against Turkey the Grand Chamber of 13 February 2003: freedom of association, secularism, Islam, limitations necessary in a democratic society, no violation of Article 11, not necessary to examine Article and 18. [...]
[...] For the complete proof is still necessary to remember that Europe was built by the Christian Democrats. Some were Catholics. Others were Protestants. Thus, the Christian imprint it is indisputable. Jacques Robert is a link between social Europe and the "enhanced" generation, Lutheran, Anglican, democratic, secular. However, the weight of tradition could pose some difficulties in relation to the States of Eastern Europe. This is a separation facade since direct or indirect state support is not excluded. If secularism is a European principle, why resurrect the old recurring debate of "religious heritage"? [...]
[...] If "the effective functioning of the democratic rule of law is threatened tangible and immediate" dissolution is justified. So the ECtHR, controlling the interference of the state (Constitutional Court) which dissolved the Refah, decided that it corresponded to a "pressing social need" "proportionate to the aims pursued". She concluded the non-violation of Article 11 of the Convention. Yet we must remember that it is possible to defend the Shari'ah as part of pluralism and without resort to violence. The diversity of situations in Europe can only undermine the reasoning of the Court based on the principle of secularism. [...]
[...] What are the fundamental principles of the European model of relations between States and religion? In the "European Model", there are two levels of normative regulation of the religious phenomenon. There are national and dominant churches of recognized religions, treaty law or even that enjoy cult status. Critical analysis of the Court: In theory, the principle of secularism is against the establishment of a religion or a state church. Now, on the occasion of Peter Darby case of 23 October 1990, the ECtHR does not consider the existence of a state church (in Sweden) as contrary to the principle of the Convention. [...]
[...] What are the fundamental principles of the European model of relations between States and religion? The ideology of the Refah Party is also appreciated. The party was to the establishment of a multi-legal system: law Dhimma which results in discrimination based on the beliefs and elimination of the role of the state. 70) Shari'a is applied as a positive right of society. Now it is a theocratic system that results in a consistently stable system but also contrary to the Convention in relation to criminal law, criminal procedure, to women, intervention in private life. [...]
using our reader.