Официальный статус церкви как юридического лица публичного или частного права в европ- ейских конституциях

This article is devoted to the research of common constitutional traditions of the countries – EU members in the sphere of human rights. Though this sphere is not deprived of any common elements, but it has certain differences in the systems of historic, social, institutional heritage. It is these differences that constitute the cultural basis of European unity that inoculates it its own cultural models and its legal tradition. Considerable coincidences in constitutional traditions of the EU countries let us come to the conclusion that the true guarantee to provide the fundamental rights should be looked for not in the authorities of the political power, but in the depth of nations’ cultures.