Aspects Concerning the Penal Protection of the Freedom of Religious Beliefs

AbstractIn the democratic society where religious pluralism exists alongside atheism and indifferentism, a major challenge is to reconcile the freedom of manifestation of beliefs with the freedom of expression in the public space.The conciliation of the two terms of the Latin maxim “give each their due” and “do no harm to anyone” requires a balanced approach and skill. At European and national level too, efforts are made to enact norms that regulate the relations between religious and non-religious persons in the spirit of respect for freedoms but also in order to protect them.The Venice Commission is among the organisations that have focused on this issue. Through its opinions and the recommendations it has made, it has expressed points of view that have modified or complemented the legislation of certain European states in matters related to the protection of religious freedom, sometimes even through criminal law norms.At the national level, the decisions of the Constitutional Court of Germany are notable, as it has decided on several cases involving controversies due to the scope of the manifestation of the freedom of religious beliefs.I aim to explore these aspects in the paper with the above title by comparison with the legislation and jurisprudence of Romania.The present study will close with conclusions and proposals on the penal protection of the freedom of manifestation of religious beliefs in Romania