Libertad religiosa - caso: organizaciones musulmanas VS. autoridades belgas Tribunal de Justicia Europeo

Abstract

Will be exposed the discussion and decision taken by the European Court of Justice, in one of its judgments, regarding the controversy that arose between various muslim organizations against Belgian authorities. Since 1986 in Belgium, animal sacrifices by religious rites were authorized in authorized slaughterhouses and in temporary slaughterhouses, to support this purpose, and that they met the same requirements as permanent ones. In 2014 the national legislation determines that each Region regulates the matter of slaughter, and in that same year, the Region of Flanders issued a regulation where it only authorizes the slaughter of animals in authorized slaughterhouses, and does not allow the opening temporary ones. due to the cost overruns they represent. Muslim organizations consider that their right to religious freedom is affected, because the number of sacrifices performed in their rite called Feast of Sacrifice exceeds the capacity of authorized slaughterhouses and they see the existence of temporary slaughterhouses as a necessity. It is the responsibility of the Court to analyze and determine the validity of the current legislation and determine whether in the particular case the right to religious freedom is being limited to the muslim community. How will the supreme entity approach this problem? Does the European Union legislation violate religious freedom? The Court's arguments and decision are listed below.