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Latest decisions

Decision 4/1993 on the restitution of church property

Decision 4/1993 on the restitution of church property

12 February 1993

Decision number: Decision 4/1993. (II. 28.)

Subject of the case:

The restitution of church property

Open full text in PDF Data sheet of the case

The state must remain neutral in religious matters. Schools operated by the state must not be committed to any denomination. Where the state gives back school buildings to the church as part of the process of restitution, it has to make it possible for children to attend non-religious schools. This conclusion cannot mean that a disproportionate burden is placed on those who wish to attend such non-denominational schools.

Even if in some cases the Constitution requires a two-thirds majority vote for the enactment of a legislative act on a fundamental right, the same requirement does not apply in respect of all laws touching upon that specific right.

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