To the 51st National Assembly

Regarding the Unified Bill for Amendments and Supplements to the Law on Religious Denominations

51-553-37-6 from 14.01.2025

 

 

The opinion is expressed by the human rights organization "Freedom for All" through lawyer Dr. Viktor Kostov from the Sofia Bar, and supported by 20 religious denominations and individuals. It questions three bills voted on the first reading by the 51st National Assembly and combined into one unified bill that proposes amendments to the Law on Religious Denominations of the Republic of Bulgaria, with the goal of introducing state interference in the country's religious life, particularly within Orthodoxy.

 

The main arguments against the bills include:

1. Violation of the Constitution (CRB) and the European Convention on Human Rights (ECHR) – The bill contradicts the principle of the separation of church and state (Article 13, para. 2, Article 37, Article 11, etc. of the CRB, as well as Article 9 of the ECHR), creating the conditions for establishing a de facto state religion and interference in the internal life of religious communities.

2. Restriction of the rights to association for believers – The bills restrict the right of people with Orthodox Christian faith to self-identify as part of religious communities that do not belong to the Bulgarian Orthodox Church – Bulgarian Patriarchate (BOC-BP).

3. Violation of the principle of secular power – The proposed changes risk creating a legislative monopoly over religious beliefs, subordinating the right to believe to political will.

4. Disregard for judicial decisions – Contrary to the principle of the separation of powers, the bill aims to overturn a decision of the Supreme Court of Cassation regarding the registration of the "Bulgarian Orthodox Old Rite Church" (BOSRC), as well as decisions of the European Court of Human Rights (ECHR).

5. Historical and theological inconsistency – The author and supporting individuals and denominations contest the right of the state to decide religious matters and interfere in the spiritual life of the Orthodox Church.

The bill and its original sources from the separate bills are also criticized for creating a monopoly on Orthodox belief and granting the state excessive power over the religious freedom and practices of citizens. The opinion insists on rejecting these bills to protect basic human rights and democratic principles in Bulgaria.

The opinion spans eight pages and includes a list of supporting denominations, religious communities, and individuals.

 

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To the 51st National Assembly of the Republic of Bulgaria

Through Natalia Kiselova, Chair

Copy: Constitutional and Legal Committee

 

 

Against the Unified Bill, prepared under the procedure of the National Assembly,

51-553-37-6 from 14.01.2025

based on the three bills passed on first vote

for amendments to the Law on Religious Denominations, respectively:

51-554-01-2 from 6.1.2025, BSP – United Left

51-454-01-58 from 30.12.2024, GERB – SDS

51-454-01-57 from 30.12.2024, "Revival"

 

From lawyer Dr. Viktor Kostov

"Freedom for All", human rights and educational organization

Sofia 1618, P.O. Box 102

Supported by 20 religious denominations, churches, and individuals

 

 

Dear Members of Parliament,

 

The three bills in question ("the bills"), combined into one ("the bill", "UB"), are an initiative which, if turned into law, would be in gross violation of the Constitution of the Republic of Bulgaria, the European Convention on Human Rights, the fundamental principles of a free and democratic society, and would threaten one of the most important and basic rights protecting human dignity – the right to religious freedom.

 

 

In general, the bill aims to establish an official religion in Bulgaria, subordinated to the state through the legislative and executive powers. Through the proposals, the state practically intervenes in the theological and internal organizational life of believers who follow Eastern Orthodox Christianity. Such interference is prohibited by the Constitution of the country, Article 13, para. 2 and 4, as well as by the European Convention on Human Rights (ECHR).  This interference is carried out by the sponsors in three ways that contradict the Constitution:

1. Establishing a state religion (ideology), see Article 11 CRB. The law records only one denomination, with one name and one institution, whose uniqueness and singularity are reinforced by state coercion, expressed through the pronouncement of secular power on matters of conscience, theology, and the essence of the Church.

2. Limiting fundamental inalienable rights, see Article 57 CRB. It limits the rights and freedoms of thought, belief, expression, and association (all basic constitutional rights and those established by international law) of individuals whose faith and conscience motivate them to self-identify as "Orthodox Christians," who, due to differences in practice and beliefs with the state-tolerated version of Orthodoxy, are deprived of these inalienable rights.

3. Violation of the principle of the separation of powers. A legislative decision is made on an individual case, disregarding the right and institutions in the democratic state, namely – the decisions of the supreme courts (SCC and ECHR). According to the principle of the separation of powers, the legislative power cannot, through changes in the law, annul or amend judicial decisions or bypass the execution of a specific judicial decision. This is precisely what seems to be happening with the proposed amendments to the Law on Religious Denominations from the three sponsoring groups.

At its core, the unified bill represents legislative coercion and dictates over the law and is in violation of fundamental human rights guaranteed by the Constitution and the courts both in the Republic of Bulgaria. The decisions of higher courts with international and domestic jurisdiction are purposefully disregarded.

 

 

On December 16, 2024, the Supreme Court of Cassation (SCC), Commercial Division, ruled on the registration of the religious denomination named "Bulgarian Orthodox Old Rite Church" (BOSRC). This decision overturned the decisions of the Sofia City Court (SCC) and the Sofia Court of Appeal, which had refused to register the denomination. The SCC correctly considered the refusal unlawful and ruled for the registration of the BOSRC. This decision of the Supreme Court of the Republic is consistent with a decision by the European Court of Human Rights (ECHR) in Case No. 56751/13 against Bulgaria, which was decided in favor of BOSRC in 2021. The ECHR decision in 2021 found a violation of Article 9 of the ECHR by the Bulgarian court's refusal to register the BOSRC due to the alleged name similarity with the BOC – BP and the claimed mandatory uniqueness of the latter. In its 2021 decision, the Strasbourg court stated in paragraph 88 that Bulgaria was required to carry out the registration of BOSRC.

 

 

In accordance with the ECHR decision, BOSRC applicants filed a new registration request, which was rejected by the SCC on the grounds of lack of explicit consent from the local Orthodox Churches belonging to the BOC – BP for such registration – a requirement that is not law-established. The SCC, as well as the Sofia Court of Appeal, rejected the BOSRC requests despite the ECHR ruling and the explicit obligation to carry out the requested registration. After an appeal to the SCC, the latter correctly, reasonably, and lawfully ruled for the registration of BOSRC. Another violation of the legal order is the refusal by the Registration Agency to register BOSRC despite the fact that it had already been registered through the decision of the SCC. These extraordinary actions by the administration point only to political pressure against legally sound procedures and judicial decisions.

 

The natural result of this pressure is the initiative to have the court’s decision to register the Old Calendar Bulgarian Orthodox Church “cancelled by law.” Thus, three draft laws are being introduced and voted on ad hoc, the task of which is to restrict the right of association of the Bulgarian Orthodox Church – Bulgarian Patriarchate (BOC – BP), which is perceived as the sole representative of the Orthodox religion.

The GERB draft laconically replaces one word in Art. 10 of the Law on the Church, aiming for the BOC – BP to become the sole exponent of the Orthodox faith (See §2, item 1 of the Law on the Church).

The draft, submitted by deputies from the parliamentary group “Vazrazhdane,” provides for the most detailed restriction of the right to religious confession of the three. The restrictions are not only on the grounds listed in Art. 7, para. 1 of the Civil Code, but also in cases where it is alleged that the right to religious belief is directed against the Bulgarian Orthodox Church – Bulgarian Patriarchate. In practice, this means that the state limits the possibility of expressing an opinion about the institution of the Bulgarian Orthodox Church – Bulgarian Patriarchate, which will not be subject to public discussion or criticism by other faiths on theological, ecclesiological issues. If, for example, believers from a Protestant church express disagreement with the doctrine of the Orthodox Church on issues of baptism or the role of works in salvation, or on issues of the Last Judgment, the former will fall under the blows of the ban on expressing an opinion against the official state religious institution, into which the “Vazrazhdane” bill will transform the Bulgarian Orthodox Church (See § 1 of the United Bill).

In its decision No. 5 in case No. 11 of 1992, the Constitutional Court (CC) unequivocally states the prohibition of restricting the right to religion beyond the exhaustively listed grounds in Art. 7 of the Constitution:

For its part, the ECHR, Art. 9, para. 2, proposes an even narrower and more exhaustive list of cases in which restrictions on freedom of religion are permissible: they should be provided for by law and be necessary in a democratic society in the interests of public security, for the protection of public order, health and morals or for the protection of the rights and freedoms of others. In this case, the legislation not only does not provide for the restrictions proposed by the submitters, but draft laws are proposed that would introduce more severe restrictions than the constitutional ones and those in the ECHR.

To the main restrictions, in violation of the Constitutional Court, the draft with signature 51-454-01-57 of 30.12.2024 adds one more: that "freedom of religion cannot be directed (…) against the structure and organization of the traditional religion under Art. 13, para. 3 of the Constitution." This provision is obviously written in unpardonable contradiction with the Constitution and Res. 5 of 1992. of the Constitutional Court, which states that neither by law nor by interpretation can the exhaustively listed cases in which the right to freedom of religion is allowed to be restricted be expanded.

In addition, the draft laws create a monopoly over the thought, faith, self-determination and expression of religious beliefs of all individuals and their associations who consider themselves Bulgarians, Orthodox and church members, if they are not affiliated with the official state church, the Bulgarian Orthodox Church - Bulgarian Patriarchate. This is coercion over beliefs and conscience, which is unacceptable in any free society with elementary respect on the part of the authorities for the conscience and expression of people's faith. This problem is most clearly visible in the BSP draft law, although it is also present in the other two (See §§ 3 and 4, OZ).

The BSP's draft explanatory memorandum refers to the canon of the Ecumenical Patriarchate, as if the legislation of secular authorities is bound to following the canon of a religious denomination. According to the "supranational canon" of the Ecumenical (Orthodox) Church, to which the BSP refers, if an Orthodox church is not recognized by this group, then it, quote, "does not exist." The fact is, however, that the BPSC exists, wins court cases and has 35 active local church communities. They consider themselves Orthodox who use a different calendar. Why does the state identify with one, albeit influential, international Orthodox community, especially given that on a supranational scale there are not only Orthodox Christians, but also huge communities of Catholic and Protestant Christian believers? Here we illustrate just one of the numerous legal and theological problems that the bills at hand create.

Through the bill, the state completely abandons the impartiality it requires in matters of faith and its expression, enshrined in Art. 37, Clause 2 of the Bulgarian Orthodox Church.

There may also be a violation of the principle of party and ideological pluralism, which is enshrined in the Constitution (CRB). Article 11, Paragraph 1 establishes this principle, while Article 11, Paragraph 2 prohibits any party or ideology from being declared the state ideology. Art. 11, Paragraph 4 of the CRB prohibits the formation of parties on a religious basis. The unequivocal action of the political coalitions and parties GERB – UDF, BSP – United Left and “Vazrazhdane” with the bills in question, expanding the traditional role of Orthodoxy established by the Constitution and transforming the Bulgarian Orthodox Church – Bulgarian Patriarchate into a dominant religious institution, raises an important question: Can parties not explicitly formed on a religious basis become such based on the passage of legislation aimed at the dominance of one religion.

 

In summary, the draft law violates the following provisions and principles in the Constitution of the Republic of Bulgaria:

• the constitutional provision on the separation of church and state (Art. 13, para. 2);

• the prohibition on allowing restrictions on rights or privileges on the basis of religion (Art. 6, para. 2);

• the prohibition on non-interference in the internal organizational life of religions (ECHR, Art. 9; ECHR case law);

• the prohibition on secular state bodies expressing opinions on theological issues (ECHR, Art. 9; ECHR case law);

• the prohibition on promoting a state ideology (Art. 11);

• the prohibition of using religion for political purposes (Art. 13, para. 4);

• the constitutional and democratic principle of separation of powers;

• the obligation of the state to promote relations between believers and between believers and non-believers (Art. 37, para. 2).

In addition, the bill violates freedom of religion by adding restrictions that are not necessary in a democratic society and go beyond the explicitly and exhaustively listed possible restrictions on freedom of religion under the CRC and the ECHR, Art. 9, para. 2.

Also, the bill aims to resolve by law a specific legal dispute with a final court decision, which is inconvenient for the bill sponsors. The draft laws, although ostensibly aimed at preserving “church unity” for the Bulgarian Orthodox Church – Bulgarian Patriarchate, create another dangerous precedent, which shows that the state can at any moment intervene in the church, as well as the conscience and faith of a person and write its own rules even on the most intimate issues of the relationship to God, salvation and eternity. This precedent would also apply to other faiths that the authorities would like to subordinate to their political will and goals.

In view of the above, a vote at the second reading of the draft law, so that it, or parts of it, becomes an effective law, threatens the democratic foundations of society and the established constitutional order concerning fundamental human rights and in particular – the right to freedom of religion.

 

It is also wrong to believe that the secular state can deal with the transcendent by limiting the rights of all those who do not profess a religious faith, and do not adhere to one that the state, in the person of the legislator, considers official (or rather, to one of the manifestations of such a faith, because Orthodoxy is only one of the three main currents in Christianity).

We do not claim that positive interaction between church and state, between religious communities and secular authorities, is impossible. On the contrary, in many cases it is desirable for the common good. Unfortunately, with the bill in question, the boundary of such positive interaction has been crossed by the proponents in the direction of total control of the secular state over one religion, with a negative impact on the overall state of freedom of belief and its practice.

It should be noted that the historical role of the Orthodox Church and Orthodoxy is not decided by the state authorities. This role depends on the inner life of the church, the community of believers, and on the faithful following of the New Testament Scriptures and the tradition of observing these Scriptures. The Orthodox faith, the Orthodox Church, as well as Christianity and the church as a whole, without defining themselves as “Orthodox,” existed for hundreds and thousands of years before the current State Duma registered the Bulgarian Orthodox Church – Bulgarian Orthodox Church ex lege (by force of law) in 2002. In this sense, the actions and statements of senior statesmen that the secular authorities are the ones that, by limiting the rights and freedoms of people regarding faith in God and the practice of this faith in community, will resolve the issue of the unity and indivisibility of the Orthodox Church, are completely untenable from both a theological and historical point of view. The idea of the secular ruler that the Orthodox Church is so fragile that it would fall apart if he did not intervene to strengthen its unity with politically motivated legislation, speaks of a desperate misunderstanding of both the essence of spirituality and faith, and freedom of religion.

 

We believe that the people's representatives have a duty to freedom of conscience and religion, as well as to justice, legality and human dignity in a democratic society. For this reason and the above, the general bill in question on amendments and additions to the Law on Religions should be categorically rejected in its entirety.

 

Respectfully submitted,

Dr. Viktor Kostov, Attorney

"Freedom for All"

Human Rights and Educational Organization

18.01.2025

 

The position is also supported by the following religions, legal entities and individuals, listed at the time of receipt of the application: 

1. Christian Church of the Royal Priesthood, represented by Stanimir Todorov, Ruse

2. Association for the Defense of Religious Freedom, a branch of the International Association for the Defense of Religious Liberty (AIDLR), Tsanko Mitev, chairman

3. Christian Church DAV Bulgaria, represented by Danail Tanev 

4. "Community of Evangelical Churches of Faith," Plovdiv, pastor Ivan Nestorov

5. "Church of God of Prophecy," local branch of the United Churches of God denomination - village. Aydemir, Silistra, Pastor Petar Ivanov

6. "Christian Missionary Center," Vidin, Yavor Kostov, pastor

7. Plamen Mladenov, personally, pastor of the Seventh-day Adventist Church, Vratsa

8. Denomination "Living Faith Movement," Miroslav Petrov, representing

9. Denomination "Apostolic Church," Angel Peltekov, representing

10. Denomination "Apostolic Ministry Mission," Ivodor Kovachev, representing

11. Hristo Iliev Arnaudov, senior presbyter, Denomination "Church of Christ in Bulgaria," personally

12. Denomination "Union of Evangelical Baptist Churches in Bulgaria," Teodor Oprenov, representing

13. Denomination "Bulgarian Church of God," Stefan Dimitrov, representing

14. Daniel Georgiev Topalski, in his personal capacity, Evangelical Methodist Episcopal Church in Bulgaria

15. Denomination "Agape Church of God," Stefan Metodiev Metodiev, representing

16. Bulgarian Christian Baptist Church, Yordan Svetlazarov Peyanski, bishop

17. United Church of God Lyulin, Vladimir Yordanov Vladimirov, chairman

18. United Church of God Bankya 7, Anichka Bobeva Toteva, chairman

19. Denomination "New Day Christian Church," Emanuil Totev, member of the Board

20. Boris Borisov, pastor-chairman, Denomination "Christian Reformed Presbyterian Church," in personal capacity

 

The text of the draft law, translated in English can be downloded here. Scroll down for the English langauge translation, as the original Bulgarian text is included first.