Rewritten Article:
Decision № 214
Sofia, December 16, 2024
IN THE NAME OF THE PEOPLE
The Supreme Court of Cassation of the Republic of Bulgaria, Commercial Chamber, Second Department, convened on November 21, 2024, with the following panel:
CHAIRMAN: Boyan Balevski
MEMBERS: Anna Baeva, Anna Naenova
In the presence of court secretary Ivona Moikina, the court reviewed Case No. 563/2023, reported by Judge Anna Baeva, and reached the following decision:
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Background
The proceedings arise from a cassation appeal by the “Bulgarian Orthodox Old-Style Church,” represented by F.D.S., through attorney N.D., contesting Decision No. 2 (dated February 7, 2023) by the Sofia Court of Appeal. That decision upheld the Sofia City Court’s refusal (Decision No. 65, dated November 1, 2022) to register the religious institution, established at a constituent assembly on June 13, 2022, in the public register under Article 18 of the Law on Religions.
The appellant argued the appellate court’s decision was unlawful and unfounded, particularly its insistence that registration required recognition by the Bulgarian Orthodox Church (BOC-BP) or other local Orthodox churches. The appellant maintained such recognition is not mandated by law and violates the constitutional and international principles protecting religious freedom and pluralism. Furthermore, the “Bulgarian Orthodox Old-Style Church” emphasized its independence from the BOC-BP, highlighting that it represents Orthodox Christians with doctrinal differences, particularly regarding the church calendar.
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Cassation Review
The Supreme Court of Cassation allowed cassation review based on Article 280, paragraph 1, item 2 of the Civil Procedure Code to address whether registration of an Eastern Orthodox denomination in Bulgaria requires recognition by other local Orthodox churches.
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Legal Analysis
The Court of Appeal upheld the refusal to register the “Bulgarian Orthodox Old-Style Church,” citing constitutional and legislative provisions on religious freedom and public safety. It reasoned that recognition by other local Orthodox churches under canon law was necessary for registration. The appellate court also identified procedural irregularities, such as the absence of valid evidence regarding the applicant’s statute and organizational structure.
However, the Supreme Court of Cassation found the appellate court’s reasoning flawed and inconsistent with constitutional and legal frameworks, international law, and established jurisprudence, including:
1. Constitutional Interpretation: The Constitutional Court’s Decision No. 5 (July 11, 1992) affirms that the right to religion is a fundamental personal right. Restrictions on this right are strictly limited to those provided in Article 13(4) and Article 37(2) of the Bulgarian Constitution—namely, to prevent threats to national security, public order, public health, morality, or the rights of others. The state must remain neutral and cannot impose additional requirements, such as recognition under canon law, for the registration of religious institutions.
2. Law on Religious Denominations: The court clarified that the law does not mandate recognition by existing Orthodox churches for registration. The use of opinions from the Directorate of Religious Denominations and the BOC-BP is discretionary and cannot override the principles of neutrality and pluralism.
3. International Standards: The European Court of Human Rights (ECHR) ruling in “Bulgarian Orthodox Old-Style Church and Others v. Bulgaria” (April 20, 2021) found that previous refusals to register the same religious institution violated Articles 9 and 11 of the European Convention on Human Rights. That decision emphasized the state’s obligation to maintain neutrality and ensure equal treatment for all religious groups, regardless of doctrinal or organizational differences.
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Assessment of the Evidence
The Supreme Court reviewed the evidence presented:
– Founding Assembly Minutes (June 13, 2022): Four founders established the “Bulgarian Orthodox Old-Style Church,” adopted its statute, and elected governing bodies.
– Statute Compliance: Contrary to the appellate court’s findings, the statute includes all required details, such as the name, headquarters, religious practices, and liturgical framework. It adheres to Article 17 of the Law on Religious Denominations.
– Name Uniqueness: A notification from the “Information Service” confirmed the uniqueness of the name “Bulgarian Orthodox Old-Style Church,” distinguishing it from the BOC-BP.
The court found no evidence of violations of constitutional or statutory restrictions, such as threats to public safety or national security, political misuse, or harm to the rights of others. Moreover, the requested registration posed no infringement on the rights or status of the BOC-BP, the traditional exponent
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