4 September 2023
After some time, we have been talking again with the member of the presidency of the Croatian Catholic Community ‘MI’, associate professor of law at the Catholic University of Croatia about the project which is governed by the Central European Academy (CEA – Central European Academy) and the University of Miskolc, Hungary on the topics of academic freedoms and rule of law. We have asked Professor Savić a few additional questions, which are important for the work of our scientists, professors, students, and all who are connected with the University’s work. This is especially important for our organization because the Croatian Catholic Community ‘MI’ gathers young people of Christian background who want to study, and by doing so, they give their values and skills to their Homeland and Europe as a whole.
- Professor Savić, please be so kind as to say a few words about the Project you are working on.
For three years in a row, I have been a member of the projects organized by the Central European Academy (CEA), which gathers scientists from Central Europe: Croatia, the Czech Republic, Hungary, Poland, Slovakia, Slovenia and Serbia. The headquarters of the CEA is in Budapest, with scientific and logistical coverage from the University of Miskolc. The main goal of the Academy is not only to work with scientists from geographically close areas but also to cooperate on topics that are of utmost importance for the Central European legal space and Europe as a whole. In the first place, we cover legal, political, and economic topics with the intention to show that ‘we also have something to say’ in today’s contemporary Europe. There was an era when, under communist rule, our part of Europe was ‘silent’ and unjustly put aside. Our scientists didn’t have proper status in the European community of nations, but all this has changed and now this part of Europe speaks loudly and often differently.
- You have mentioned earlier that there are specifics of the Central European landscape and culture, would you like to add something else?
Yes, it is correct. This part of Europe has a rich tradition of culture and science, and among other developments, we have developed our legal tradition. The goal of this initiative is to show together that there are attitudes in Central Europe which might differ from the views of our colleagues and friends from the West, but which are also European. I have mentioned earlier that we all share the same foundations, democracy, human rights and the rule of law as starting points, but there are issues on which we think differently, and that all compose European cultural and legal space. Europe is a combination of cultures and traditions which all together make one, common and unique.
- Are you talking about law, in which sense Europe is a standardized legal space, and in which sense the European Law is still particular or domestic?
It is important to stress that the law is both European and national. European law, of course, covers all members of the European Union, but there are legal documents of the Council of Europe which cover, in the first place, issues of human rights and fundamental freedoms and which are connected with territory much broader than the legal space of the European Union. The general public is still confused about understanding that those are two different entities. In that respect, there are two courts, one in Luxembourg and one in Strasbourg; one is the Court of the European Union (ECJ), and the other is the Court of the Council of Europe (ECHR). It is important to say that in personal and family matters, there are still national solutions which govern this area of law, and those are different between member states. In addition to this, there is a judicature of the European Court of Human Rights, which applies the Margin of Appreciation doctrine, which allows the court to recognize specific traditions and cultures of particular states to deliver somehow different judgments based on different conclusions in the same or similar cases. In that respect, it is possible that a case from Italy and a case from France receives different inputs, and therefore judgements may differ. It is also important to say that European Law does not erase national specificities, which should stay in the common European landscape to intertwine with each other.
- The topic of this year’s project is the Rule of Law. Does this part highlight the work of the Council of Europe?
Yes, this year the group in which I do my research covers the subject of the Rule of Law, but also materials on the developments of the Council of Europe. It is important to understand that the foundations of the European Union and the Council of Europe are still visible through their development. Often people forget the extraordinary man Robert Schuman, a Catholic venerable, who implemented his Christian and humanistic dimension into the foundation of the European Union. He believed in unity and peace. Some scholars say that the flag of the European Union resembles the crown of the Stars of St. Mary and the duality of religious and secular. But in any case, Europe belongs to all who live on its territory, and that includes many religions, cultures and customs. It is also important to say that numerous international treaties contain words on the culture and specificities of nations who live on European soil. The Treaty of London lies on the pursuit of peace, which is based on justice and international cooperation and dedication to spiritual and moral values, which are the common heritage of the Nations of Europe, on individual freedom, political liberty and on the rule of law. It was also said that the results of the research were published. Works on the Council of Europe will be published as the great finale in a book, which will be the mutual endeavor of all colleagues who work on this Project.
- You have mentioned the Treaty of London. Are there any other documents on which you have a similar focus?
Yes, apart from The Treaty of London, we have the Florence Convention, which deals with the common heritage of Europe and clearly states that the countries are aware of the European landscape which shapes local culture. It is also a basic component of the European natural and cultural landscape, which values human flourishing and consolidates the European identity. Therefore, the European culture could not live without local national cultures, which are, among others, products of the environment in which we all live – products of our geography. Also, we can mention the Faro Convention, which describes European cultural heritage. The culture of Europe is a combination of different cultures which exist on this soil. What is important? That those cultures respect and contribute to each other. The culture of Europe is its West, Center, and East.
- Does the European Court of Human Rights respect those differences, and what is with the policies of member states?
The European Court of Human Rights, as I have said, provides important support under specific circumstances in particular countries. In addition to what has been said previously, the same Convention on Human Rights is applied but with different inputs from various countries. As previously said, the application of the Convention is different if the case comes from, for instance, Malta or Sweden. Fribourg Convention clearly states that cultural rights consist of heritage and law on self-determination (identification) and that they have to include a sufficient level of respect and understanding of particularities in all directions. This is something which should be respected by all states. Of course, there are bodies of the Council of Europe which give additional value to harmonization and respect of specific characteristics of member states, and some of them are not even geographically part of Europe, but part of Western Asia like Armenia, Azerbaijan and Georgia. The European Convention on Human Rights is open to signatories not part of the European continent. The Venice Commission deals with issues of democracy and Human Rights, GRECO is an anti-corruption body, and CEPEJ – Commission for the Efficiency of Justice can, by its activities and production through so-called soft law, make significant influence on the states to run coherent European policy which respects their differences.
- What is your view on the European landscape today and in the future?
As a lawyer in the first place, I see Europe as an organism of mechanisms that function for decades. If we want that to stay as such, Europe has to ride on the two tracks but under the same rail network. One track is communal, supranational; and the other one is national, local or domestic. States have to have the right to decide on the issues of tradition and culture, and when we look at laws, that should be the case in cases of personal status and family law. That does not mean that states can use undemocratic methods and have such goals. The key is sometimes in balancing between conflicted laws and views. Both supranational and national have their place in our common home – Europe.
Thank you for this conversation.
