A church will have to pay tens of thousands in taxes thanks to a decision by the European Court of Human Rights that said it would not intervene after local authorities classified the place of worship as a “shop”. 

In another blow to religious freedom, the ECHR decision means that Breccia di Roma, an Evangelical church in Rome, will have to make ‘structural modifications’ to look more like a “conventional church” or pay thousands in taxes.

The church argued that this classification impacts their religious freedom to meet and freely determine the manner of their worship, and represents an example of seemingly mundane bureaucratic rules and regulations impacting on the freedom of Christians to practice their faith.

“This ruling is disappointing, as it fails to recognize the right of churches to freely determine the manner of their worship. We continue to believe that the government has no right to dictate the appearance of a place of worship,” said president of Breccia di Roma Leonardo De Chirico.

The ruling is another example of the risk of bureaucratic overreach and damaging regulations, especially when it comes to freedom of worship and freedom of assembly. 

Although the church appealed to the highest national court, asserting a breach of its religious freedom, the European Court of Human Rights (ECHR) declined to hear the case, citing "non-exhaustion of domestic remedies." 

The Court offered no reasoning for why it believes Breccia di Roma has not exhausted all domestic options, even though the church has no further legal recourse within the country. 

Additionally, the ECHR dismissed the church’s argument of unfair discrimination, despite two lower Italian courts previously ruling in Breccia di Roma’s favour on this issue. As a result, Breccia di Roma is now required to either pay substantial tax penalties or undertake "structural modifications" to their worship site to comply with the authorities’ requirements.

This case shows that laws can stifle freedom of religion even when they’re not intended to do so. Mundane tax laws or zoning laws can have unintended consequences for fundamental freedoms. Even laws aimed at increasing equality or protecting people of faith against vilification can have a very different effect in practice. We have written about these laws here and here.

In addition to protecting the fundamental rights of individuals in court, HRLA also advises churches and other Christian organisations, helping them navigate and comply with laws that impact their right to religious freedom.