Religious Freedom in the Romanian Constitution and Legislation During the Communist Regime

Romania had three constitutions throughout the communist dictatorship from 1947 to 1989: the 1948 Constitution, the 1952 Constitution, and the 1965 Constitution. Each of these documents guaranteed religious freedom. From the onset of the communist regime and continuing for many years after its fall, the status of religions was specifically regulated by Decree No. 177/1948, which governed the general regime of religion and remained in effect until January 10, 2007. Nevertheless, while religious freedom was formally acknowledged, it was not effectively protected. This study aims to identify and present the factors within the Romanian legal and political system that contributed to the gap between the "guarantee" and the "protection" of fundamental freedoms during communism. Additionally, the study seeks to serve as a paradigm for recognizing the signs and symptoms of formal guarantees of religious freedom, even in ostensibly democratic societies, while also proposing potential solutions for the effective protection of this right.