Report on the Dissemination Event Organized by Prof. Dalibor Đukić

As a member of the research group “EU Enlargement and Successful Integration,” within the Central European Professors Network, I had the honor to be a member of the scientific committee and to participate in the International Scientific Conference “Equality in an Ever-Integrating Europe: The View of Young Researchers,” held on October 18, 2024. This event was co-organized by the Central European Academy, the Koło Naukowe Prawa Karnego Procesowego WPiA UKSW in Warsaw, and the Scientific Association for Comparative Law in Poland. The event aimed to provide an academic forum for emerging scholars to examine the evolving dynamics of equality within the European Union and to consider how integration impacts both individual rights and state sovereignty in a diverse, multinational framework.

The primary objective of the conference was to engage young researchers in critical discussions on the principle of equality as it manifests within the European Union’s legal and institutional frameworks. The topics discussed included the ways in which equality is enshrined in both international and European legal standards, the implications of these standards for Member States, and the practical manifestations of equality within the daily functions and operations of the EU. The sessions were structured to enable a rigorous exchange of ideas between seasoned scholars and emerging voices, fostering an environment where young researchers could present their research findings and viewpoints on pressing issues related to EU integration and equality.

One of the central themes of the conference revolved around the challenges and possibilities for achieving a balance between equality and Member State sovereignty. This theme highlighted the often-complex relationship between state autonomy and the shared objectives of the EU, reflecting the nuances of political, legal, and cultural diversity within the Union. In particular, the focus was on the mechanisms that allow Member States to coexist under a common legal framework, even while operating under disparate national policies and practices. These debates are of paramount importance, as they underscore the ongoing struggle to balance national interests with the EU’s foundational principles of unity and cooperation.

Throughout the day, participants explored several critical issues surrounding equality within the EU. Key areas of focus included:

1. Equality in EU Law: Participants analyzed how the principle of equality is embedded within EU law and the specific mechanisms through which it is enforced. This included discussions on the EU Charter of Fundamental Rights and the various directives and regulations that aim to ensure equal treatment across Member States. Notably, young researchers raised questions about the consistency and coherence of EU policies and whether they adequately address the complex social and legal realities within individual Member States.

2. The Role of Intergovernmentalism in Advancing EU Integration: Another point of debate was the intergovernmental approach to EU integration. While some participants argued that this method remains viable for advancing EU objectives, others suggested it may have reached its limits. This discussion extended to alternative forms of participation within the EU framework, assessing how these approaches could foster equality among both member and non-member states. The conference underscored the importance of balancing intergovernmental approaches with supranational decision-making to ensure a fair and cohesive integration process.

3. Sovereignty versus Equality: One of the most compelling aspects of the conference was the debate on the interaction between Member State sovereignty and the pursuit of EU-wide equality. This theme emphasized the tension between preserving national autonomy and advancing common EU standards, particularly in areas where cultural and legal differences are deeply rooted. This tension, participants noted, is especially pronounced in discussions about social policies and human rights protections, where member states may have distinct approaches that reflect their unique histories and values.

4. Equality and the Supremacy of EU Law: The conference also explored how equality is impacted by the supremacy of EU law. As the EU expands and integrates, new challenges arise in harmonizing diverse legal traditions and systems under a common legal order. Participants considered both the successes and limitations of the EU’s legal framework in promoting equality and preventing discrimination, with a focus on how these principles are applied within the context of international challenges and cooperation with non-member states.

5. External Inspirations for Strengthening EU Cooperation: Some researchers presented case studies of non-EU countries and their approaches to equality and integration, exploring whether such external models could inform the EU’s own policies. These presentations provided valuable perspectives on potential frameworks that the EU might consider as it seeks to foster equality and cooperation among its members.

Lecture on “Freedom of Religion or Belief and European Integration of the Western Balkans”

During the conference, I delivered a lecture titled “Freedom of Religion or Belief and European Integration of the Western Balkans.” I opened my presentation by addressing the long and complex journey that Western Balkan countries have undertaken toward EU membership. Although EU integration remains a top priority for these countries’ foreign policies, the pace of progress has been inconsistent. This is largely due to internal political dynamics, unresolved regional disputes, and the EU’s own “enlargement fatigue”, which has affected the Union’s approach to admitting new members. Nevertheless, EU integration is widely viewed as a pathway to promoting fundamental human rights and aligning national legislation with international standards.

My lecture examined the role of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) in enforcing religious freedom within the EU. The ECtHR acts as a final authority for cases concerning freedom of religion for Council of Europe members, while the CJEU’s rulings are binding for EU Member States. Since 2017, the CJEU has issued

landmark judgments that have shaped the landscape of religious freedom in Europe, including cases on workplace rights concerning religious expression, religious requirements in employment, ritual practices, and the legal status of religious marriages and divorces. The CJEU has shown a clear preference for state policies that uphold religious neutrality. Additionally, it has begun to provide protections for religious freedom claims that the European Court of Human Rights (ECtHR) has typically refrained from addressing, instead applying a broad margin of appreciation.

I highlighted that the CJEU’s interpretations of religious freedom carry significant weight, as its rulings automatically become part of the domestic laws of EU Member States. This integration process thus contributes to harmonizing religious freedom protections across Europe. Furthermore, I discussed how the European Commission’s annual progress reports assess candidate countries’ protections of freedom of religion or belief (FoRB) and their compliance with international standards. For instance, the 2023 report on Serbia noted constitutional guarantees of religious freedom but highlighted ongoing issues, such as the lack of transparency in registering religious communities and the need for legislative alignment with the Council of Europe’s recommendations.

In my analysis, I also referenced Serbia’s 2019 Opinion on the Framework Convention for the Protection of National Minorities, which noted differential treatment for religious groups not classified as “traditional churches and religious communities.” However, I argued that Serbia’s law, which defines traditional churches based on historical presence, does not result in discriminatory treatment, as all communities have equal opportunity to register and obtain legal status. Additionally, Serbia provides financial support to religious communities, including minority groups, through a variety of state-funded initiatives. The lecture reflected a shared recognition that European integration offers both opportunities and challenges for enhancing religious freedom protections. The integration process, by creating a unified body of EU law on religious freedom, has the potential to reinforce these rights across Europe. However, as was emphasized, this unification could also disrupt long-standing relationships between church and state in individual countries, particularly where traditional Christianity holds significant cultural influence.

The event served as an invaluable networking opportunity, enabling young researchers to connect with experienced scholars and exchange ideas on the future of equality, integration, and religious freedom within the EU. Participants expressed a strong commitment to advancing their research on these critical topics, and several collaborative projects are anticipated as a result of the connections forged during the conference.

Looking ahead, the discussions at this conference underscore the importance of continued academic inquiry into the EU’s evolving legal and institutional structures. As the EU faces new global challenges, maintaining a balance between equality, sovereignty, and fundamental rights will remain a priority for researchers and policymakers alike.

The conference proceedings, including audio and video recordings of each presentation, will be made available on the Central European Academy’s website. For further information, the conference announcement and details can be accessed via Facebook:

https://www.facebook.com/events/562402999472823/?ref_source=newsfeed&ref_mechanism=feed_attachment&action_context=%257B%2522action_history%2522%253A%2522null%2522%257D&_rdr.

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