Amendment Of The Act On The Regulation Of External Legal Relations Of Israelite Religion Society

Original Language Title: Änderung des Gesetzes betreffend die Regelung der äußeren Rechtsverhältnisse der israelitischen Religionsgesellschaft

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48. Federal law amending the law on the regulation of the external legal relations of the Israelite religious society

The National Council has decided:

The law relating to the external legal relations of the Israelite religious society, RGBl. No 57/1890, as last amended by the Federal Ministries of the Federal Ministries of Law 2007, BGBl. I n ° 6/2007, is amended as follows:

The following provisions shall be replaced by sections 1 to 36:

" 1. Section

Legal status

Body public law

§ 1. The Israeli Religious Society in Austria is a recognised religious society within the meaning of Article 15 of the State Basic Law on the general rights of citizens. It is a body of public law.

Self-employment

§ 2. The Israelitic religious society arranges and manages its internal affairs independently. It is free in commitment and teaching and has the right to practise religion.

Section 2

Construction and tasks

Constitution of the Israelitic Society of Religion

§ 3. The constitution of the Israelite religious society, which was drawn up in the context of internal affairs, has to contain the following information in order to ensure the impact on the state sector:

1.

name and abbreviation, whereby the religious society must be clearly discernable and a confusion with other churches or religious societies, associations, institutions or other legal forms must be excluded;

2.

the place of residence of the religious society;

3.

Acquisition and loss of membership;

4.

the rights and obligations of Members;

5.

internal organisation, with the cult community as a basic type;

6.

the nature of the order, the duration of the period of operation and the convening of the institutions;

7.

the nature of the worship of religious education and the supervision of such teaching;

8.

the application of the funds, their management and the accounts;

9.

Settlement of disputes within the religious society;

10.

Creation and amendment of the Constitution;

11.

adequate representation of all traditions existing within the religious society.

Tasks of the religious society

§ 4. The religious society, in particular,

1.

the representation of the interests of its members, as far as they extend beyond the scope of a cult community;

2.

the presentation of the constitution of the religious society and of statutes of the cult communities, their amendments and changes in the composition of the organs to the relevant member of the federal government;

3.

Decision-making on the allocation of annual financial benefits pursuant to § 14 of the religious company.

Cult communities

§ 5. (1) Kultuscommunities are self-employed bodies of public law. They shall ensure the satisfaction of the religious needs of their members and the provision of the facilities required for them.

(2) In order to fulfil the tasks referred to in paragraph 1, the cult communities may set up facilities, conduct or declare existing facilities to such a congregation. They are the religious social authority in the sense of the private school law. Joint institutions of several cult communities can only be established by mutual agreement.

(3) Kultuscommunities can only be established if their existence and economic self-preservation are secured.

(4) Each cult community has to give itself a statute which has to contain the following information in order to ensure the effect for the state area:

1.

Name and a short description of the cult community, whereby the religious society is clearly recognizable and a confusion with other churches or religious societies, associations, institutions, cult communities or other legal forms are excluded must be

2.

the seat of the cult community,

3.

Provisions concerning the acquisition and loss of membership,

4.

the rights and obligations of Members,

5.

rules on the internal organisation, in particular on a Member Register,

6.

rules governing the nature of the order, the duration of the period and the convening of the institutions;

7.

rules on the application of the funds, their management and the accounts,

8.

Rules governing the settlement of disputes within the municipality of Kultusmunicipality,

9.

Regulations on the production and amendment of the Staff Regulations,

10.

Rules on participation in the drawing up of the curricula for religious education, on the granting of the same and on the supervision thereof.

(5) In the event of the dissolution of a cult community, the last institutions acting in agreement with the religious society shall have to determine the property, with the service of God's service against the decision of the relevant religious society. Must not be withdrawn from the authority of its dedication.

Section 3

Rights and obligations of the Israelite religious society

Right of name and protection of religious designations

§ 6. (1) The Israelite religious society shall have the right to choose a name within the limits of the limits set out in § 3 (1) (1).

(2) The names of the religious society and the cult communities, as well as all terms derived therefrom, may only be used with the consent of the religious society or the cult community.

(3) designations which are suitable for external third parties to give the impression of a legal link to individual institutions of the religious society, a cult community or similar institutions outside Austria. may only be used with the consent of the religious company.

(4) In the event of non-compliance with these provisions, the religious society and any interested religious community shall have the right to submit a request for the initiation of a procedure to terminate the illegal state of the Federal Minister, if not are subject to criminal law. The application shall be decided within four weeks.

Review Law

§ 7. (1) The religious society shall be entitled, at all levels, to the institutions of legislation and administration, opinions, opinions, reports and proposals on matters relating to churches and religious societies which are recognised by law in the General and the Israelitic Religious Society in particular.

(2) Legislative measures concerning the external legal relationships of the Israelitic religious society shall be before their submission, regulations prior to their release, the Israelitic Religious Society, with the granting of a reasonable time limit to deliver an opinion.

Right to religious care in special institutions

§ 8. (1) The religious society shall have the right, its members, the

1.

members of the federal army, or

2.

shall be in judicial or administrative detention, or

3.

are housed in public hospitals, caretakers, care or similar institutions,

in religious terms.

(2) Persons engaged in the affairs of paragraph 1 shall be subject to the establishment in all sectarian matters of the religious society, in all other matters of the respective responsible management.

(3) The amount of property and personnel required for the provision of the affairs referred to in paragraph 1 Z 1 shall be borne by the Federal Government.

Religious Education and Jugendering

§ 9. (1) The religious society has the right and the obligation to provide religious instruction in public schools and private schools with public law, with the exception of vocational compulsory schools, as a compulsory subject, if: at least three students of a school are members of the religious society. The teaching of religion can also be carried out in a cross-school or school-based way.

(2) The teaching content of religious teaching is an internal matter of the religious society. They must not be at odds with the objectives of civic education.

(3) The Israeli Religious Society and the cult communities are guaranteed the establishment and maintenance of private schools, in accordance with the relevant state legislation.

(4) The Israelitic religious society and its members are entitled to conduct children and young people outside the school through all traditional customs and to educate them according to the religious commandments.

Holidays

§ 10. (1) Jewish holidays and the Sabbat shall be guaranteed protection of the State.

(2) Jewish Holidays are:

a)

New Year (Rosh Haschana; 2 days)

b)

Reconciliation Day (Yom Kippur; 1 Day)

c)

Hardwood hardcover (Sukkot; 2 days)

d)

Decision-making (Schemini Atzeret; 1 day)

e)

Torafreudenfest (Simchat Torah; 1 day)

f)

Feat of unleavened bread (Pessach; 4 days)

g)

Weekly (Schawuot; 2 days)

Your appointments are based on the Jewish calendar. You begin, as well as the Schabbat, 18 minutes before sunset the day before and last up to 60 minutes after sunset of the day concerned.

(3) In the days referred to in paragraph 1, in the vicinity of synagogues and other places and buildings serving for religious purposes, all preventable, noise-generating acts which affect the service of God's service shall be of the celebration, as well as public gatherings, on-and-take-up.

Diving baths

§ 11. The Israeli Religious Society has the right to set up and operate submersion baths according to their national social regulations.

Edible rules

§ 12. (1) The Israeli Religious Society has the right to organize in Austria the production of wine, meat products and other foodstuffs in accordance with their internal-religion regulations.

(2) In the catering of members of the Israeli Religious Society in the Bundesheer, in prisons, public hospitals, supply, care or similar institutions, as well as public schools, it is necessary to To take account of intra-religious social services.

Dismise of functionaries

§ 13. The religious society and the cult communities have officials, including religious ones, who have been sentenced to more than one year in prison by a national court for one or more punishable acts committed with the attachment of a criminal offence. have been legally convicted or, by their conduct, endanger the public security, order, health and morality or the rights and freedoms of others in a sustainable manner, to contain their functions.

Annual financial contributions

§ 14. (1) The Israeli Religious Society shall receive consecutive annual grants consisting of a fixed amount of € 308,000.00 per year and the replacement of the respective salaries of 23 staff members of the cult communities, with a The average reference is based on. The average reference of these staff members is the salary of a Federal official in the category A, grade IV, salary level 4, plus special payments and inflation surcharges.

(2) The continuous annual allocation shall be carried out annually in four equal partial amounts until 31 May, 31 July, 30 September and 30 November.

Section 4

Cooperation between the religious society and the state

Legal effectiveness of intra-religious decisions

§ 15. (1) The constitution of the religious society, the statutes of the cult congregations, as well as in these well-founded procedural regulations, in particular the order of cult regulations and the electoral regulations and their amendments, shall be subject to the approval of the Federal Minister for Foreign Affairs

(2) The institutions empowered by the Constitution and the statutes for external representation, as well as the religious servants, shall be the Federal Minister immediately after the election and/or Order of the religious company (§ 4 Z 2) to be informed.

(3) Changes to the regulations in accordance with paragraph 1 and orders of authorized bodies shall not enter into force until the date of confirmation by the Federal Minister. They are to be made publicly available on the Internet on a homepage to be set up within the framework of the Federal Ministry for the area "Kultusamt" (Kultusamt).

Protection of official secrecy

§ 16. (1) Rabbis may not be heard as witnesses, without prejudice to the rules in force in this regard, in the light of what has been entrusted to them under the seal of the secrecy of the State.

(2) (1) also applies to the questioning of rabbis as agents or parties in the civil court proceedings.

Notification and reporting obligations

§ 17. The religious society and the Republic are obliged to inform each other about events which affect a matter of this Federal Law. This applies in particular to the initiation and termination of proceedings, as well as the imposition of detention for the persons referred to in § 13, as well as on intra-religious-social remedies against elections in the religious society or in a Kultusgemeinde.

Entertainment of events

§ 18. The Authority may prohibit meetings and events for cult purposes, which pose an imminent threat to the interests of public security, order, health or the rights and freedoms of others. Dangers arising from the event of third parties shall not constitute a reason for any subsax.

Jewish cemeteries

§ 19. (1) Jewish cemeteries or Jewish cemetery departments have been established in the long term. Your resolution, closure or insinuations of individual burial sites are not permitted. Exceptions are subject to the approval of the competent authority of the respective cult community.

(2) Repayments in Jewish cemeteries or Jewish cemetery departments may only be carried out with the consent of the relevant cultural community.

Elections

§ 20. (1) In the event of an election by an external representative body or a religious servant, the electoral process must be sufficiently determined either in the Constitution, in the statutes or in an electoral code, so that verification of the electoral process is possible. is.

(2) In the event of an election by an external representative of an institution or a religious servant, any active person entitled to vote or any person who may be actively entitled to vote on the basis of the electoral rules referred to in paragraph 1 shall be entitled after the exhaustion of the intra-religious society the right to a view of the Federal Minister of the Wahreckoning.

(3) If a notice of an intra-religious legal remedy or a complaint pursuant to paragraph 2 is not received within 14 days from the date of receipt of the electoral display, the Federal Minister shall take note of the results of the election and shall have a Issue confirmation of the WahlanDisplay.

Curator Order

§ 21. (1) If the duration of the operating period is exceeded by at least six months from the organs of the religious society or a religious community authorized to represent the external representation, or if the latter are no longer able to act for other reasons, the Authority shall: call on the religious community and the religious society concerned to conduct the planned elections within a period of at least one and a maximum of six months, or to act on others, the statutes or the constitution corresponding type again.

(2) If the cult community or the religious society does not comply with the order and has not submitted an application to the competent court for the appointment of a curator, neither the cult community nor the religious society has submitted an application to the competent court, the Federal Minister to submit such a request to the competent court.

Enforcement of regulatory decisions

§ 22. In order to enforce decisions under this federal law, the Authority may cancel decisions which are contrary to law, constitutional or statutes, impose fines at an appropriate level, and use other means provided for by law.

Section 5

Final provisions

Existing cultuscommunities, constitutions and statutes

§ 23. (1) At the time of the entry into force of this Federal Act, existing cult communities remain unaffected in their condition.

(2) Constitutions, statutes and elected bodies shall remain in force. They shall, to the extent necessary, be brought into conformity with the provisions of this Federal Law. The adjustments shall be made in sufficient time to ensure that they are already effective in the next elections scheduled for each subsequent period.

In-and out-of-power

§ 24. With the entry into force of this Federal Act, the Competence Regulation as well as the Federal Law on Financial Services to the Israelitic Religious Society will be repeal.

Enforcement clause

§ 25. The Federal Minister for Education, the Arts and Culture is responsible for the enforcement of the law, unless the competence of another Federal Minister is to be found on the basis of individual regulations. "

Fischer

Faymann