Same Altar, Three Judgments: Unauthorized Priestly Ministry Before the Courts

Abstract

Article 23(4) of Law No. 489/2006 criminalizes the unauthorized exercise of priestly duties, while leaving the scope of the requisite legal authorization to be determined at the intersection of criminal law, the internal regulations of religious denominations, and judicial interpretation. This study examines the application of this provision by prosecutors and ordinary courts, as well as its review by the Constitutional Court, identifying divergent judicial responses to essentially comparable religious conduct. The chronological analysis covers decisions not to initiate criminal proceedings, convictions and acquittals at first instance, conflicting rulings by courts of appeal, and four Constitutional Court decisions that did not examine the judgment delivered by the European Court of Human Rights concerning this provision. The study concludes that the documented divergence reveals a structural deficiency in the legal framework, exacerbated by differences in judicial interpretation, with direct implications for the foreseeability of criminal law and the need for legislative reform.