Eine religiöse Referenz in einem Europäischen Verfassungsvertrag

During the preparation of the new European constitution, the reference to religion in the preamble was one of the main points of contention. From the standpoint of comparative law, Kolja Naumann deals with the legal effects of the various suggestions under discussion. He ascertains that it is not possible to substantiate the acceptance of legal standards according to the law of nature or of a special evaluation of religious arguments in European law using a reference to religion. It is more likely that the preamble expresses a new and higher regard for religion in the law of the European Union and emphasizes the historical origins of the European Union's values. The author studies the effects of this part of the preamble on the other terms of the treaty and focuses on the effects of the reference to religion on the interpretation of the new religious constitutional norms in the treaties.