THE RIGHT TO FREEDOM OF CONSCIENCE IN POST-1989 ROMANIAN LAW: BREAK OR CONTINUITY?

Abstract

The Right to Freedom of Conscience in Post-1989 Romanian Law: Break or Continuity?
Freedom of conscience, enshrined in Article 29 of the 1991 Romanian Constitution and reaffirmed in the 2003 revision, is a central element of the rule of law and pluralistic democracy. This article analyzes the evolution of the legal regime of freedom of conscience in post-communist Romania, focusing on the question of whether this right has been reconfigured through a genuine break with the totalitarian past or whether certain structural and cultural continuities have been perpetuated. During the communist period, the right to freedom of conscience was severely restricted, being controlled by the state through instruments such as Decree No. 177/1948. Although communist constitutions formally guaranteed this right, in practice it was conditional on conformity with the socialist order. After 1989, the new constitutional order introduced a framework conducive to religious pluralism and freedom of thought. However, the practical application of these principles has been influenced by cultural and political factors. Controversies over the teaching of religion in public schools and the presence of religious symbols in educational spaces reflect tensions between individual rights and the influence of the religious majority. Decisions such as CCR No. 669/2014 or the 2008 ICCJ ruling reveal the complexity of implementing this right. The article also examines the influence of international pressure, such as the elimination of Article 200 of the Criminal Code under the influence of the EU, as a sign of alignment with European standards. The conclusion is that, although the normative rupture is evident, cultural and institutional continuities persist that limit the full exercise of freedom of conscience in post-communist Romania.