Chapter

Competing Identities Limiting Religious Influence within the EU Legal Order

Ronan Mccrea

in Religion and the Public Order of the European Union

Published in print October 2010 | ISBN: 9780199595358
Published online January 2011 | e-ISBN: 9780191595776 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199595358.003.0006

Series: Oxford Studies in European Law

Competing Identities Limiting Religious Influence within the EU Legal Order

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This chapter analyses how the limitations on the political influence of religion inherent in the vision of balance pursued by the Union have been highlighted in its dealings with outsiders whose religions cannot readily be accommodated under the rubric of national cultural identity. It assesses the EU's approach to enlargement and the integration of immigrants to demonstrate failures on the part of religion to respect both the autonomy of the political and legal arenas from religious domination, and the principles of private autonomy are viewed as inconsistent with a European identity. In defending this identity, the Union has been willing to interfere with individual autonomy itself by seeking to regulate private religious viewpoints of migrants and in doing so the Union has at times appeared, at least implicitly, to regard some forms of religion, most notably Islam, as inherently less compatible with Europe's religious inheritance and identity than others.

Keywords: secularism; public sphere; national cultural identity; immigrants; equal treatment; militant democracy; enlargement; gay rights; Islam

Chapter.  24954 words. 

Subjects: EU Law

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