Dreptul eclesiastic
Dreptul Bisericii Angliei, jurisdicția facultăților și libertatea religioasă.
Introducere
Dreptul eclesiastic guvernează Biserica Angliei ca biserică de stat.
In Brief
Church of England churches have the ecclesiastical exemption from secular listed building consent: alterations require a 'faculty' from the Consistory Court of the diocese (Ecclesiastical Jurisdiction and Care of Churches Measure 2018). The Church of England is the established church — its Measures passed by the General Synod and approved by Parliament have the force of statute. The Clergy Discipline Measure 2003 governs misconduct complaints. Marriage by banns is governed by the Marriage Act 1949.
Principii fundamentale
Establishment — The Church of England is the established church of England. The Sovereign is the Supreme Governor. Senior bishops sit in the House of Lords (the Lords Spiritual). Church Measures, approved by the General Synod and Parliament, have the force of statute.
Faculty Jurisdiction — Any alteration to the fabric, ornaments, or furniture of a Church of England church, or any works in the churchyard, requires a faculty (permission) from the Consistory Court of the diocese. This applies to listed and unlisted churches alike and is the ecclesiastical equivalent of planning permission.
Ecclesiastical Courts — The Consistory Court (presided over by the Chancellor of the diocese) is the primary court. Appeals go to the Court of Arches (Canterbury province) or the Chancery Court of York. The Court of Ecclesiastical Causes Reserved hears cases involving doctrine, ritual, or ceremonial.
Clergy Discipline — The Clergy Discipline Measure 2003 provides for complaints against clergy for misconduct. A tribunal may impose penalties including prohibition from ministry, removal from office, or deposition from Holy Orders.
Marriage — Church of England clergy have a legal duty to marry parishioners by banns or common licence. The Marriage Act 1949 and Ecclesiastical Licences Act 1533 govern the process.
Burial Rights — Parishioners have a common law right to be buried in their parish churchyard (subject to capacity). The right extends to persons on the electoral roll of the parish.
Religious Freedom — Article 9 ECHR protects freedom of thought, conscience, and religion. The Equality Act 2010 prohibits discrimination on grounds of religion or belief but contains exemptions for organised religion.
Church Property — Church of England church buildings are generally Grade I or II* listed. The Church has an exemption from secular listed building consent under the 'ecclesiastical exemption', provided it operates its own approved system of control (the faculty jurisdiction).
Statute cheie
Ecclesiastical Jurisdiction and Care of Churches Measure 2018
Clergy Discipline Measure 2003
Marriage Act 1949
Cazuri de referință
Aston Cantlow PCC v Wallbank
[2003] UKHL 37
Re St Luke the Evangelist, Maidstone
[1995] Fam 1
Scenarii comune
Church wants to install a toilet and kitchen
Any alteration to a Church of England church requires a faculty from the Consistory Court. The PCC must apply through the online faculty system, consult the Diocesan Advisory Committee, and give public notice. If unopposed, the Chancellor may grant the faculty on paper. If opposed, a hearing may be necessary.
Complaint against a vicar for misconduct
Under the Clergy Discipline Measure 2003, a complaint is made to the bishop. The bishop appoints a designated officer to assess the complaint. If it proceeds, a tribunal hearing may follow. Possible penalties range from a rebuke to deposition from Holy Orders.
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Frequently Asked Questions
Do I need planning permission to alter a Church of England church?
Church of England churches have an 'ecclesiastical exemption' from the ordinary listed building consent system. Instead, any alteration to the fabric, furnishings, or fixtures of a church, or works in its churchyard, requires a 'faculty' from the Consistory Court of the diocese. The process involves consulting the Diocesan Advisory Committee, giving public notice, and (for significant changes) a formal hearing.
Can a vicar refuse to marry someone in church?
Church of England clergy have a general duty to marry parishioners (those on the electoral roll or with a qualifying connection to the parish) by the publication of banns or by common licence under the Marriage Act 1949. However, clergy can refuse to remarry a divorced person whose previous spouse is still living, without having to give reasons, under a conscience clause in the Marriage (Prohibited Degrees of Relationship) Act 1986.
What is the difference between a church and a chapel for legal purposes?
In England, 'Church of England' churches are subject to the faculty jurisdiction and Church of England law. Nonconformist and Roman Catholic chapels are not part of the established church and are regulated as ordinary buildings — subject to planning law, listed building consent (if applicable), and charity law (the congregation or trustees are usually a charitable trust). The ecclesiastical exemption does not apply to most non-CofE places of worship.
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