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Court rules adulterous Church organist unfairly fired

The European Court of Human Rights (ECHR) Thursday found that an employee of the German Catholic Church dismissed for adultery had received inadequate treatment by German courts.

Court rules adulterous Church organist unfairly fired
Photo: DPA

Bernhard Schuth, 53, lost his job in 1994 as organist and choirmaster in a parish in the Ruhr Valley city Essen after his superiors learned that he had left his wife that year and was expecting a child with a new partner.

After appealing the decision at various labour courts, Schuth’s case was eventually thrown out by the German Constitutional Court in July 2002. He lodged a complaint with the ECHR on January 11, 2003.

ECHR judges condemned Germany’s justice system for failing to take into consideration his right to a private life, and not just his right to work.

“In signing his work contract, Mr. Schuth accepted a duty of loyalty towards the Catholic Church which limited, to a certain degree, his right to a private life,” ECHR judges said.

However, this signature could not be considered as an unequivocal personal agreement to live in abstinence in the case of separation or divorce,” they added.

In Schuth’s high court ruling, judges used a 1985 precedent that allowed the Church to govern autonomously, while binding labour courts to the Church’s

religious and moral precepts, as long as it did not conflict with the law.

The ECHR however supported a ruling by German courts in the case of Michael Obst, 51, a former Mormon head of public relations, who was dismissed in 1993 after confessing that he had had an affair.

In this case, the ECHR said the dismissal could be seen as “necessary to conserving the credibility of the Mormon church, considering the nature of his position.”

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VISAS

REVEALED: EU plans digital-only Schengen visa application process

Soon those non-EU nationals requested to have a Schengen visa to travel to European countries will no longer need to go to a consulate to submit the application and get a passport sticker, but will be able to apply online. 

REVEALED: EU plans digital-only Schengen visa application process

The European Commission has proposed to make the Schengen visa process completely digital.

The special visa, which allows to stay for tourism or business (but not work) in 26 European countries for up to 90 days in any 6-month period. 

Nationals of third countries such as South Africa, India, Pakistan and Sri Lanka need the Schengen Visa to visit Europe, but they are not needed for other non-EU nationals such as Britons or Americans. You can see the full list of countries who need a Schengen visa here.

The proposal will have to be approved by the European Parliament and Council, but is in line with an agreed strategy that EU governments are keen to accelerate in the aftermath of the pandemic. 

Once agreed, the system will be used by the countries that are part of the border-free Schengen area. These include EU countries, excluding Ireland (which opted out), and Bulgaria, Romania, Croatia and Cyprus (which do not issue Schengen visas). Iceland, Norway, Lichtenstein and Switzerland, which are not EU members but have signed the Schengen Convention, will be part of the new system too.

Paper-based processes required applicants to travel to consulates to submit the application and collect their passports with the visa, a procedure that “proved problematic during the COVID-19 pandemic,” the Commission said.

Some EU countries have already started to switch to digital systems but not all accept online payments for the visa fees. 

When the new system will be in place, the Commission says, applicants will be able to check on the EU Visa Application platform whether they need a visa. If so, they will create an account, fill out the application form, upload the documents and pay. 

The platform will automatically determine which Schengen country will be responsible for the application and applicants will be able to check their status and receive notifications. Travellers will then be able to access the visa online, and if needed extend it too.

“Half of those coming to the EU with a Schengen visa consider the visa application burdensome, one-third have to travel long distance to ask for a visa. It is high time that the EU provides a quick, safe and web-based EU visa application platform for the citizens of the 102 third countries that require short term visa to travel to the EU,” said Commissioner for Home Affairs Ylva Johansson.

“With some member states already switching to digital, it is vital the Schengen area now moves forward as one,” said Commission Vice-President for Promoting our European Way of Life, Margaritis Schinas.

However, first-time applicants, people with biometric data that are no longer valid or with a new travel document, will still have to go to a consulate to apply.

Family members of citizens from the EU and the European Economic Area, as well as people who need assistance, will also be able to continue to apply on paper. 

The EU Visa Application platform will be used from third countries whose nationals must be in possession of a visa to enter the EU and is different from the ETIAS (European Travel Information Authorisation), which is currently under development.

The ETIAS will be used by non-EU nationals who are exempt from visas but who will need to apply for a travel authorisation prior to their trip. This will cost 7 euros and will be free for people below the age of 18 and above 70. 

Based on the discussion between the European Parliament and Council, the Commission could start developing the platform in 2024 and make it operational in 2026. EU countries will then have five years to phase out national portals and switch to the common online system. 

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