Freedom of Religion or Belief in the Jurisprudence of the Bulgarian Constitutional Court

This article discusses the evolution of the jurisprudence of the Bulgarian Constitutional Court (BCC) in the area of freedom of religion or belief by reference to its most recent judgment, which among other things considered the legality of a provision of establishment ex lege of the majority religion. While the court was unable to reach the majority needed for a decisive judgment, the elaborations of the two groups of judges illustrate two distinctive trends in BCC jurisprudence in the area of freedom of religion or belief. At one end of the spectrum the dissenting judges presented very detailed elaborations for the justification of establishment ex lege against the background of Article 9 of the European Convention on Human Rights, with notions similar to the Hartian rule of recognition, using sources such as canon law and Ottoman law as legally relevant facts for the constitution of a 'background culture' (via establishing the majority religion ex lege). At the other end of the spectrum dissenting judges presented a more sceptical approach to establishment ex lege through a very literal interpretation of the principles and some of the European Court of Human Rights jurisprudence dealing with Article 9. While the decision was not conclusive it flagged a new dimension to the BCC's approach in the area of human rights and freedom of religion or belief - the blending of political and legal analytical philosophy with a detailed analysis of European Court of Human Rights case law.