Illegality of Preaching — Criminal Liability of Priests Excluded from the Exercise of Their Profession

Abstract

Pastors who have been dismissed from their profession and continue to perform their duties are committing a criminal offence under the relevant provisions of Law No. 489 of 2006. The Constitutional Court of Romania declared these provisions to be constitutional on several occasions. At the same time, there are numerous examples in the case law of the European Court of Human Rights where a person convicted on the above grounds has been found to have suffered a violation of their freedom of thought, conscience, and religion. In this regard, the case of Tóthpál and Szabó v. Romania, in which the applicants were convicted on the basis of the provisions cited above, is of particular relevance to us. Following a 2025 amendment, the Constitutional Court was again asked to rule on the provision concerning the illegal exercise of priestly duties. Although the President of the Republic did not object to the possibility of holding the persons concerned criminally liable in his objection of unconstitutionality, we nevertheless consider that this review would have provided the Constitutional Court with an appropriate opportunity to reflect more deeply on the case law of the European Court of Human Rights.