92000E1555

WRITTEN QUESTION E-1555/00

by Hanja Maij-Weggen (PPE-DE) to the Commission

(18 May 2000)

Subject: Freedom of religion in Macedonia

Can the Commission confirm that the constitutional court in Macedonia has banned prayers from being said in schools in Macedonia?

Can the Commission explain the reasons for this ban?

Does the Commission consider that this ban is in line with the European principle of freedom of religion?

What possibilities are open to the Commission to bring about discussion of this ban in Macedonia?

Answer given by Mr Patten on behalf of the Commission

(19 June 2000)

The Commission can confirm that the Constitutional Court of the former Yugoslav Republic of Macedonia has annulled by its decision No U.br. 195/99 (published in the official Gazette of the former Yugoslav Republic of Macedonia No 36/2000 of 12 May 2000), an Act of the Ministry of Education establishing a prayer at the occasion of the yearly inaugural classes in elementary and secondary schools of the school year 1999/2000.

The ruling of the Constitutional Court was based, in substance, on Article 19 of the Constitution of the former Yugoslav Republic of Macedonia that reads that The Macedonian Orthodox Church and other religious communities and groups are separate from the state and equal before the law. This principle of separation between religions and the state was the main reason behind the ruling of the Court.

This ruling is in line with the European principle of freedom of religion (as established, inter alia, in Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms), which is guaranteed in the former Yugoslav Republic of Macedonia. Article 9 of the constitution of the former Yugoslav Republic of Macedonia reads that Citizens of the Republic of Macedonia are equal in their freedoms and rights, regardless of sex, race, colour of skin, national and social origin, political and religious beliefs, property and social status, and Article 19

that The freedom of religious confession is guaranteed. The right to express one's faith freely and publicly, individually or with others is guaranteed [mldr.]. The decisions of the Constitutional Court are final and executive.

The Commission does not deem relevant, therefore, to start discussion with the Government of the former Yugoslav Republic of Macedonia on a ruling of its Constitutional Court.