Estonian court upholds decision to withhold funding from Moscow-linked church

Tallinn Administrative Court dismissed a complaint filed by the Estonian Christian Orthodox Church (EKÕK) regarding a decision excluding them from receiving state support, arguing that the Estonian state is not obligated to support a church whose leaders' actions pose a security threat.
The EKÕK sought to annul the suballocation of a state budget support agreement concluded between the Ministry of the Interior and the Estonian Council of Churches (EKN), under which the church — then still known as the Estonian Orthodox Church of the Moscow Patriarchate (MPEÕK) — was excluded from receiving support.
The first-tier court found that the state is not obligated to fund churches from the state budget; rather, the provision of such support is a voluntary decision dependent on budgetary capacity and political will. Therefore, neither the EKN nor its member churches have the right to expect that budget funds will be allocated to them each year.
The court noted, however, that if support is provided but a member church of the Council of Churches is left out from it, it must be determined whether such differential treatment is lawful.
"In this case, the complainant was denied support because it is considered a security threat due to its ties to the Moscow Patriarchate," Tallinn Administrative Court noted. "Although the complainant has condemned the war, the Ministry of the Interior did not find this sufficient, as the complainant remains legally affiliated with the Moscow Patriarchate."
The court found that the complainant's differential treatment compared to other member churches of the EKN was lawful, as the Estonian state is under no obligation to support a church whose leaders' actions constitute a security threat.
It also noted that the denial of this support does not violate the complainant's freedom of religion, as applying for state budget support is voluntary, and the Orthodox church in question is not being forced to change its legal status — that decision rests with them.
The first-tier court's ruling has not yet entered into force.
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Editor: Marko Tooming, Aili Vahtla