Employing Confessional Theology Professors in Serbia: (Ir)Reconcilability of Religious Freedom, Academic Freedom, and Guarantees of Labour Rights
Abstract: This paper aims to shed light on the ongoing discussion on allowing church authorities to supervise the selection of theology professors at the University of Belgrade Faculty of Orthodox Theology. After providing a summary of the characteristics of the religious ethos employer, particularly confessional theological faculties, the paper outlines the legislative history and social context of regulating the selection and employment of theology professors in Serbia. Special attention is provided to the church authorities’ approval (blessing) for the selection of professors, as well as their approval for individuals to engage in the teaching of students. This is followed by a consideration of challenges related to reconciling the religious freedom (and institutional autonomy) of the church on the one side, and the academic freedom of confessional theological faculties and their professors on the other. Finally, the paper explores the issue of protecting these employees’ labour rights, particularly in light of risks stemming from employment under ambiguous conditions, the need to more precisely determine the legal ramifications of violating the duty of loyalty (and punishing employees progressively for such violations), and the procedural guarantees necessary for the effective protection from wrongful termination of employment and the right to an effective remedy.
