Serbia is set to gain a university founded by the Serbian Orthodox Church (SOC), in which the state could be both a partner and a financial backer. The path for this was cleared by recent amendments to the Law on Churches and Religious Communities, which granted “special social importance” to the future SOC university.

Lawmakers justified this by citing the “invaluable historical role of the SOC in the development of education” as well as in the “preservation of the spiritual and national identity of the Serbian people”.

They also noted that the “special social importance” of the future SOC university “does not affect the equal legal standing of other churches and religious communities” in Serbia. The country’s highest legal document prohibits discrimination based on religion, among other grounds, and mandates equality among churches and religious communities.

“Here, that is clearly not the case, as one dominant religious community and church is being favoured, with the famous appeal to historical merits for preserving Serbian identity – which may well hold weight, but cannot justify violating the constitution,” says Rastislav Dinić, a university professor and MP for the opposition Green-Left Front.

The draft bill amending the Law on Churches and Religious Communities was not submitted to the Commissioner for the Protection of Equality for an opinion prior to its adoption.

“As a result, during the drafting process, the institution did not have the opportunity to express its position on the proposed measures from the perspective of anti-discrimination legislation,” Commissioner Milan Antonijević told Radio Free Europe (RFE). However, he believes that specifically regulating the status of a particular church “does not automatically mean the Constitution has been breached”.

“From the standpoint of equality, the key question is whether such a measure grants one church rights, benefits, or a privileged position for which there is no objective and reasonable justification, or whether the differential treatment is proportionate to the legitimate aim being pursued,” Antonijević adds.

In response to inquiries from RFE, neither the Ministry of Education nor the Serbian Orthodox Church provided answers regarding the purpose of or the necessity for establishing this university.

When the university will be founded, where its headquarters will be, which faculties it will comprise or potentially absorb, how many students it will enrol, and how much money is required – these are all questions RFE submitted to the SOC, which currently remain unanswered.

What else is new in the law?

The existing Law on Churches and Religious Communities stipulates that churches and religious communities may found pre-school institutions, primary schools, grammar schools, vocational and arts secondary schools, colleges, and universities. The amendments to that law now specifically define the status of the Serbian Orthodox Church’s university.

They open up the possibility for such a university to be established in cooperation with the Republic of Serbia, funded directly from the state budget.

Special rules have also been introduced regarding accreditation.

The SOC is exempted from the requirement to submit proof of founding capital or a bank guarantee alongside its application for the accreditation of the higher education institution and its study programmes – a requirement that is otherwise a legal obligation for institutions not founded by the state.

After the legal amendments were approved by the Serbian Government, they were passed in the National Assembly under an expedited procedure.

The justification given was that “failing to pass the amendments urgently could result in harmful consequences for the operation of churches, religious communities, and their institutions”, without elaborating further.

“They were in a massive rush with this. They are well aware that the law is full of loopholes and that it is better to avoid debate and keep it hidden from the public as much as possible,” Dinić argues. At the end of August, Minister of Education Dejan Vuk Stanković announced that the ministry would work on establishing new higher education institutions dedicated to the study of Serbian tradition, culture, and language.

At the time, he also stated that he would fight for the “reaffirmation of the role of the Serbian Orthodox Church within the state’s education system”.

Separation of church and state?

Announcements regarding the establishment of a new higher education institution under the auspices of the SOC date back to the spring.

In May, Serbian Prime Minister Đuro Macut and SOC Patriarch Porfirije signed a Memorandum of Cooperation between the Government of Serbia and the Serbian Orthodox Church to establish “Saint Sava” University.

The head of the SOC stated at the time that this was “not directed against anyone”, but rather demonstrated “care for the public and common good”.

Serbian President Aleksandar Vučić also attended the signing of the memorandum. He stated that the new university would train future priests and that the SOC would receive financial and “every other kind of assistance” from the state during the founding of the institution.

Serbian Orthodox Church Patriarch Porfirije and Serbian President

He also remarked that students at the new university would be able to “receive an exceptional education and cherish patriotism”. Although the amended Law does not explicitly state that the new church university must be founded in partnership with the state, it lists it as an option. “So it is clear that this is precisely what is being prepared,” says Professor Rastislav Dinić.

The Constitution defines Serbia as a secular state, requiring the separation of church and state.

“And that is precisely what is being directly called into question by this joint co-founding venture between the church and the state,” Dinić concludes.

On the other hand, Equality Commissioner Milan Antonijević notes that his office’s remit is to highlight whether a specific legal provision unjustifiably places a church or religious community in a more or less favourable position, and that it is ultimately up to the Constitutional Court to assess a law’s constitutionality. “If it is determined that a specific entity is being granted special rights or benefits, there must be a clear, objective, and reasonable justification for such distinction,” he stresses.

“We have seen instances in the public sphere before where certain laws were judged in advance, with much noise and insufficient legal arguments and facts, which did not contribute to the protection of human rights and freedoms,” he adds.

A message to the academic community?

The decision to found a new higher education institution comes at a time when members of Serbia’s academic community face sharp criticism from the authorities for supporting student blockades and civil protests following the tragedy in Novi Sad in November 2024.

The Serbian Orthodox Church sided with the authorities, labelling the protests an attempt to destabilise the country. The establishment of a joint university is, in one sense, a form of retaliation and a message to existing state universities, according to Professor Rastislav Dinić.

“Their aim is to create a parallel, loyalist academy. The Serbian Orthodox Church is merely a cloak here for a new regime-backed faculty,” he adds. He points to the recently established Faculty of Serbian Studies in Niš, which was formed by decision of the Serbian Government by spinning off three departments from the Niš Faculty of Philosophy.

That decision was taken at the end of 2025 at the height of the student protests.

“One of the objectives they want to achieve is to take the edge off any future university protests by saying, ‘Well, there is a whole range of institutions that do not support this,’” Dinić argues.

In June this year, a survey conducted by CRTA and Stanford University’s Democracy Action Lab revealed that state universities are currently the institutions most trusted by citizens, with 71 per cent holding trust in them. Trust in the SOC stands at 63 per cent.

What is required to found a university?

A university is an autonomous scientific, artistic, and educational institution.

Under the Law on Universities, it must consist of at least three faculties.

A university may also encompass institutes, a university library, and other organisations whose activities align with those of the university. A university and faculty can be founded by the Republic, as well as by legal and natural persons.

The Ministry of Education and Sport determines whether the criteria for commencing operations and conducting activities are met by a university or faculty. When the founder of a university or faculty is the Republic, the act of establishment is adopted by the Government.

In cases where the Republic is not the founder, the founding entity must prepare a feasibility study prior to establishment.

(Radio Free Europe, 11.09.2026)

https://www.slobodnaevropa.org/a/srbija-crkva-drzava-univerzitet/33851741.html