IMMIGRATION, NATIONAL AND REGIONAL LAWS ANO FREEDOM OF RELIGION IMMIGRATION, NATIONAL AND REGIONAL LAWS AND FREEDOM OF RELIGION Proceedings of the XXIth Meeting of the European Consortium for Church and State Research Madrid, 12-15 November, 2009 Edited by AousTIN MoTILLA PEETERS LEUVEN PARIS - W ALPOLE, MA 2012 To Prof. Dr. Axel Frhr. v. Campenhausen A catalogue record for this book is available from the Library of Congress. © 2012 Uitgeverij Peeters, Bondgenotenlaan 153, B-3000 Leuven (Belgium) D/2012/0602/81 ISBN 978-90-429-2483-3 All rights reserved. Except in those cases expressly determined by law, no part of this publication may be multiplied, saved in an automated data file or made public in any way whatsoever without the express prior written consent of the publishers. T ABLE OF CONTENTS Preface (A. MOTILLA) .................................................................... 1 H. KALB, Immigration and Religion in Austria............................. 3 H. P. BEROV, Immigration and Religion in Bulgaria.................... 17 A. C. EMILIANIDES, Immigration and Religion in Cyprus.......... 27 J. R. TRETERA- Z. HORÁK, Immigration and Religion in the Czech Republic.......................................................................... 35 L. CHRISTOFFERSEN, Immigration and Religion in Denmark .... 45 1 M. KIVIORG - L. ROOTS, Immigration and Religion in Estonia. 55 S. SIRVA, Immigration and Religion in Finland ............................ 69 T. RAMBAUD, Religion et émigration en droit fran~ais ............... 75 H. M. HEINIG, Immigration and Religion in Germany ................. 93 C. G. PAPAGEORGIOU, Immigration and Religion in Greece .... 107 B. SCHANDA, Immigration and Religion in Hungary ................... 115 M. ENRIGHT, Immigration and Religion in Ireland ...................... 121 R. MAZZOLA, La religion face a l'immigration dans le systeme juridique italien.......................................................................... 141 R. BALODIS, Immigration and Religion in Latvia........................ 151 A. SPRINDZIUNAS, Immigration and Religion in Lithuania........ 159 S. VAN BIJSTERVELD, Immigration and Religion in the Nether- lands........................................................................................... 171 M. RYNKOWSKI, Immigration and Religion in Poland................ 179 N. PI(:ARRA - F. BORGES, Immigration and Religion in Portugal . ................... ........... ..... ...... ................ ........... ......... .... 189 J. MARTINKOVÁ, Immigration and Religion in Slóvaquia.......... 199 B. IVANC, Immigration and Religion in Slovenia ......................... 209 VIII TABLE OF CONTENTS C. GARCIMARTÍN, Immigration and Religion in Spain............... 229 L. FRIEDNER, Immigration and Religion in Sweden.................... 241 PREFACE D. McCLEAN, Immigration and Religion in the United Kingdom 247 This volume contains the contributions to the XXI Annual Congress of the European Consortium for Church and State Research. It was held in Madrid on 12-15 November 2009. The issue of the discussion was "Immigration, National and Regional Laws and Freedom of Religion". Nearly fifty people from different countries of the European Union - Consortium members, guests and national reporters- participated in the Meeting. The issue addressed by the reporters, the repercussion of national immigration laws in the safeguard and exercise of freedom of religion, were prepared following these main points: legal provision currently existing to facilitate or limit immigration; statistics available for recent years about application of residence and religious dimension of this mat­ ter; legal requirements placed upon acquisition of citizenship and tests about countries institutions and values; systems respecting the legal regu­ lation of asylum; churches actions in asylum; pastoral assistance to ille­ gal immigrants; religions dimensions of united farnily policies on immi­ gration laws and practice; and restrictions or quotas for the employment of non-EU citizens and exemptions clauses for clergy or pastors. The national reports were studied by all the participants at the Madrid Meeting. The discussions in the Meeting were divided into three different sessions. The topics of each session were: the facilitation or promotion of immigration or the granting of asylum and positive steps taken by the States in this regard; the limitation or restriction of immigration, addres­ sing the manner in which the State regulates entry to the country whether for a permanent or temporary stay; and the religious dimension of immi­ gration -for exarnple pastoral care given to asylum seekers, rights of entry for foreign clerics, and church asylum as a means of subverting national law. We should highlight sorne common pattems in the national reports about immigration and freedom of religion. Asylum because of religious discrimination in the foreign country is granted if the asylum seeker can prove physical or moral harm for him or for his family in the case of retuming to his country. In order to obtain nationality a long stay is required in the European country -between eight and -fifteen years depen­ ding on the country- and the passing of an exarnination about the national language, culture and the political system of the European country. Reli­ gious beliefs ofthe personare not taken in account. However, indirectly, sorne situations allowed by the religious law, such as polygamy, could HERBERT KALB be proof of non-íntegration into the European society of the petitioner. Clergy and pastors of recognized religions have special facilities to enter IMMIGRATION ANO RELIGION IN AUSTRIA the countries and to obtain a residence card. And, finally, sorne institu­ tions allowed in Islamic family law, such as polygamy and forced mar­ riages, are commonly considered to be against national public order; so l. Preliminary statement they will impede the family reunification. These common pattems are in stark contrast with the wide range of solutions in national law about Central components of the Law Conceming Foreigners in Austria are the religious chaplaincy in the detention centres of illegal immigrants. Act Conceming the Police Department for Foreigners (Fremden­ Just a few lines to show the reader the variety of issues addressed in polizeigesetz, FPG), the Act Conceming Settlement and Sojoum of For­ the reports of the Meeting and the wealth of information that could be eigners (Niederlassungs- und Aufenthaltsgesetz, NAG) and the Asylum found in this book. Summarizing the volume contents offers a compara­ Act (Asylgesetz, AsylG), as amended by standards given by the Consti· tive view of European immigration laws and their repercussions on reli­ tutional Court. The Employment of Foreigners Act (Auslanderbeschafti­ gious freedom. gungsgesetz, AuslBG) and the Citizenship Act (Staatsbürgerschaftsge• 1 wish to thank all those who helped to organized the conference in setz, StbG) ought to be mentioned as well. 1 Madrid. First of all, 1 extend m y thanks to the members of the Committee The law relating to foreigners is regarded as a difficult subject, even of the Madrid Meeting, lván C. Ibán, Miguel Rodríguez Blanco, Paloma among lawyers. This complexity is caused by the dynamics of legisla­ Lorenzo, David García-Pardo and Marcos González. Without their assis­ tion which obfuscates a clear total conception by detailed, special, and tance and advice the Meeting would not have been possible. 1 am also extraordinary regulations. grateful to the members of the Executive Committee of the Consortium, The constant generation of new statutory provisions on the basis of especially to Lars Friedner because of his active role in collecting the problematically-led discussions creates legal uncertainties, since it national reports, Brigitte Basdevant-Gaudemet and Norman Doe for the impedes the development of established administrative procedures and language corrections of the reports and Gerhard Robbers for the edition adjudications. of the acts of the conference. Schumacher/Peyrl rightly state that it is hardly possible for the per­ 1 am also grateful for the financia! help for the organization of the sons affected to answer simple legal questions about migration. By Madrid Meeting and the edition of this volume of the Ministerio de Cien­ expecting too much of the persons directly affected a feeling of uncer­ cia e Innovación of the Spanish Govemment (Proyectos de Investigación tainty is generated. "In the collective mind of migrants who live in Aus­ SEJ2007-64106/JURI and DER2008/05097, and Acción Complementaria tria the perception is registered, that their legal interests can be interfered DER2009-05614-E) and Carlos III University of Madrid. with at any time according to the prevailing political situation. " 2 The package of laws relating to the Law Conceming Foreigners of Madrid, April 27, 2010 2005 constitutes an important step in legal development. lt fundamen­ Agustín MoTILLA tally reforms the treatment of foreigners, by complying with European standards. 1 Muzak/Pinter [Ed.], Fremden- und Asylrecht [Loseblattsammlung]; excellent col!ec­ tion of legal sources, judícature and líterature till 2009 by Joséf RohrbOck, judge at the asylum court, on the internet asylum online (http://www.asylum-online.at). 2 3 Schumacherf.Peyerl, Fremdenrecht (2007 ), 16. 4 HERBERT KALB IMMIGRATION AND RELIGION IN AUSTRIA 5 In January 2010 the "Package concerning foreigners" (Fremdenre­ a travel document chtsanderungsgesetz 2009) carne into operation, which aims