The Logic of Structured Dialogue between Religious Associations and the Institutions of the European Union

Abstract

Aside from the controversy surrounding the proposed inclusion of an Invocatio Dei in the preamble to the European Union's (EU's) defunct Draft Constitution, a more muted controversy centred on the inclusion of a provision for structured dialogue between the institutions of the EU and communities of faith and conviction. This provision for dialogue, previously Article I.52.3 of the Draft Constitution, was retained in the Lisbon Treaty of 2007 as Article 17.3. The following article evaluates the logic for the inclusion of such a dialogue provision, focusing on the rationale of the European Commission body tasked with its coordination, as well as its potential role in intercultural understanding, the crystallisation of a European identity and core values, and the promotion of religious freedom and social justice. The putative imperatives examined are found to be insufficient to justify a differentiated dialogue provision.

Notes

1 The full text of Article 17 reads as follows:

1. The Union respects and does not prejudice the status under national law of churches and religious associations or communities in the Member States.

2. The Union equally respects the status of philosophical and non-confessional organisations.

3. Recognising their identity and their specific constitution, the Union shall maintain an open, transparent and regular dialogue with these churches and organisations.' (Consolidated, 2008)

2 The Bureau of European Policy Advisers is attached to the Commission and advises the president and members of the Commission on policy formulation and strategic issues. Extracts from the BEPA webpage referred to here were available at the time of writing (2007). In mid-2008 this webpage was significantly updated and the original text is no longer accessible there. In the newer version, BEPA presents the background to the dialogue provision, outlines its legal basis and elaborates briefly on its operationalisation. There is a further link to a list of events conducted under the auspices of the dialogue provision articulated in Article 17.3 of the Lisbon Treaty (see note 8 below).

3 The transactional benefits are also alluded to in the newer text. However, in this case the explicit benefits mentioned refer only to the churches. The benefits of the dialogue process for the EU are not outlined.

4 This aspect is not retained in the new text.

5 Once again, this rationale is not retained in the new text.

6 It should be pointed out that this explicit limitation on the remit of the dialogue provision is not alluded to in the new text.

7 The updated text similarly alludes (in para.2) to the necessity of a European identity and a ‘sense of belonging’.

8 See http://ec.europa.eu/dgs/policy_advisers/activities/dialogues_religions/events_en.htm for a full list of events.