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

Read the untranslated law here: https://www.global-regulation.com/law/austria/2997496/nderung-des-gesetzes-betreffend-die-regelung-der-ueren-rechtsverhltnisse-der-israelitischen-religionsgesellschaft.html

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48. Federal law that modifies the law on the regulation of external legal relations of Israelite religion society

The National Council has decided:

The law concerning the external legal relations of the Israelite religious society, RGBl. No. 57/1890, as last amended by the Federal Ministry of law 2007, Federal Law Gazette I no. 6/2007, is amended as follows:

The following provisions shall be replaced the articles 1 to 36:

"Article 1

Legal status

Public law Corporation

§ 1. The Israelite religious society in Austria is a recognized religious society in the meaning of article 15 of the State basic law on the General rights of citizens. It is a corporation of under public law.

Independence

§ 2. The Israelite religious society maps and manage their internal affairs independently. She is teaching and commitment-free and has the right of public worship.

2. section

Structure and tasks

Constitution of the Israelite religious society

§ 3. The Constitution created in the internal affairs of the Jewish religious society has to contain the following information to ensure the effect for the State sector:



1. name and short name, where the religious society clearly recognizable and is a confusion with other churches or religious societies, associations, institutions or other legal forms, be excluded

2. seat the religious society;

3. acquisition and loss of membership;

4. rights and duties of members;

5. internal organization, and the community as a fundamental type is;

6. type of the order, duration of term of Office and dismissal of the institutions;

7. type of the care of religious education and supervision over them;

8 raising the financing, management and accounting;

9 settlement of disputes within the religious society;

10. production and amendment of the Constitution;

11. adequate representation of all traditions existing within the society of religious.

Tasks of religious society

§ 4. The religious society are particularly



1. the representation of the interests of its members, as far as they go beyond the scope of a community;

2. the template of the Constitution the religious society and by statutes of the Jewish communities, their changes, as well as changes in the composition of the institutions of the competent Member of the Federal Government;

3. the resolution on the distribution of the annual financial services standing according to § 14 of the religious society.

Jewish communities

5. (1) religious communities are independent public corporations. You have to provide for the religious needs of their members and for the provision of the necessary facilities.

(2) the religious communities may establish facilities to carry out the tasks referred to in paragraph 1, or explain existing facilities to those of the community. They are religion-social authority within the meaning of the private schools Act. Common facilities of several religious communities can be formed only in universal agreement.

(3) religious communities can only be established if their inventory and economic self-preservation ability is secured.

(4) each community has to give a statute which has to contain the following information to make sure the effect for the State sector:



1 name and a brief description of the community, where the religious society clearly recognizable and is a confusion with other churches or religious societies, associations, institutions, religious communities or other legal forms must be excluded, 2. the seat of the community, 3. provisions on acquisition and loss of membership, 4. the rights and obligations of the members, 5. rules on the internal organization, in particular through a Member Directory, 6 rules about the kind of stuff , Duration of term of Office and removal of organs, 7 rules for the application of resources, their management and accounting, 8 rules for the settlement of disputes within the community, 9 rules for the creation and modification of the Statute, 10 rules on the participation in the creation of curricula for the religious instruction of the granting of thereof and supervision thereof.

(5) in the case of resolution a Jewish community, the most recently active institutions in consultation with the religious society of the assets have to determine where worship facilities against the decision of the competent religious social upper dedication may not be removed.

3. section

Rights and obligations of the Israelite religious society

Naming rights and protection of religious designations

Section 6 (1) the Israelite religious society has the right to a name in the context of article 3 Z 1 limits referred to to choose.

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

(3) names, which are suitable to create the impression of a legal connection to individual institutions of religious society, a religious community or similar institutions outside Austria to outside third parties may be used only with the consent of the religious society.

(4) in the case of infringements of these provisions, the religious society and each affected community have the right to make a request for initiation of a proceeding, if not authority provisions are to apply to the termination of the unlawful State to the Federal Minister. The application is to decide within four weeks.

Appraisal right

7. (1) the religious society is entitled the opinions, statements, reports and proposals on matters, the legally recognised churches and religious societies in General and the Israelite religious society in particular concerning bodies of legislation and administration at all levels, to submit.

(2) measures affecting the external legal relations of the Israelite religious society are right set end before their submission, regulations prior to their adoption, to transmit the Jewish religious society under grant a reasonable time to comment.

The right to religious assistance in special facilities

8. (1) the religious society has the right, its members, the



1. members of the armed forces are or 2 located in judicial or administrative official custody or are 3rd in public hospitals, supply, maintenance, or similar institutions, to take care of in religious terms.

(2) who are professionals in care of the Affairs of para 1 in all religious aspects of the religious society, in all other matters of the relevant direction for the establishment.

(3) Z is 1 required material and personnel costs for the care of the matters referred to in paragraph 1 to be borne by the Federal Government.

Religious education and youth education

9. (1) the religious society has the right and the duty of religious education in public schools and private schools with public law, except for vocational comprehensive schools, as grant compulsory subject if at least three students in a school are members of the religious society. Religious education can be carried out also schulstandort - or across the school.

(2) the syllabus of religious education are an internal affair of the religious society. You may not stand in contradiction to the goals of civic education.

The establishment and maintenance of private schools is guaranteed in accordance with the relevant national legislation (3) of the Israelite society of religion and the religious communities.

(4) the Israelite religious society and its members are entitled to make children and young people outside the school by all traditions and to educate according to the religious commandments.

Holidays

10. (1) the protection of the State is guaranteed Jewish holidays and Shabbat.

(2) Jewish holidays are:



a) new year (Rosh Hashana; 2 days) b) day of Atonement (Yom Kippur; 1 day) c) feast of Tabernacles (Sukkot; 2 days) d) decision fixed (Schemini Atze secret; 1 day) e) Torafreudenfest (Simhat Torah, 1 day) f) feast of Unleavened Bread (Passover; 4 days) g) feast of weeks (Shavuot; 2 days) your appointments are based on the Jewish calendar. You start, as also of the Shabbat, 18 minutes before sunset the day before and take up to 60 minutes after sunset of that day.

(3) on the days referred to in paragraph 1, all acts causing avoidable, noise, which could have impaired the celebration resulted, and prohibits public Assembly, installation and removals are in rooms for worship purposes serving close to synagogues and other a Jewish community and buildings.

Soaking baths

§ 11. The Israelite religious society has the right to set up their intra-religion-social compliance soaking baths and to operate.

Dietary laws


§ 12 (1) has the right, in Austria the production of wine, meat products and other food products in accordance with their intra-religion-social requirements the Israelite religious society.

(2) the Board of members of the Jewish religious society at the army, in detention centres, public hospitals, utilities, maintenance or similar institutions and public schools is on the inner religion social dining bids to take into account.

Dismissal of officials

§ 13. The religious society and the religious communities have officials, including religious, which are res judicata by a domestic court because one or more criminal acts committed with intent to imprisonment exceeding one year or by their conduct sustainable compromise public safety, order, health and morals or the rights and freedoms of others, to impeach their functions.

Annual financial contributions

14. (1) receives the Israelite religious society ongoing annual donations, which are composed of a fixed amount of 308.000,00 euros per year and the replacement of the respective remuneration of 23 officials of the Jewish communities, based on an average reference. As the average reference of these staff, the respective content of federal officials of using Group assumes A service class IV, salary level 4, plus special payments and surcharges.

(2) the continuous annual appropriation is instalments same in four each year until no later than 31 May, 31 July, 30 September and 30 November to make liquid.

4 section

Interaction of religious society and State

Legal effect of intra-religion-social decisions

15. (1) the Constitution of the religious society, the statutes of religious communities as well as established in these rules of procedure, in particular education levy order and election rules and amendments require for their validity the approval of the competent Federal Minister.

(2) the bodies authorized on the basis of the Constitution and the statutes to the external representation, as well as the servant of religion are the Minister immediately after the election or appointment of the religious society (§ 4 No. 2) to bring to the attention.

(3) changes of regulations in accordance with paragraph 1 and orders from authorized institutions enter into force only with the date of the confirmation by the Federal Minister. You are to make of this publicly available in the Internet on a website to be "Office of education" in the framework of the Federal Ministry for the area.



Protection of secrecy



Section 16 (1) Rabbi may testify, without prejudice to the else if regulations in respect of be, heard what has been entrusted to them under the seal of secrecy.

(2) ABS 1 also applies to the hearing of rabbis as respondents or parties in the civil proceedings.

Display and reporting obligations

§ 17. The religious society and the Republic are obliged each other about events affecting a matter of this Federal Act, to inform. This applies in particular to the initiation and termination of proceedings, as well as the imposition of imprisonment for the Group of persons referred to in article 13, as well as intra-religion-social appeal against elections in the religious society or a community.

Prohibition of events

§ 18. The authority may prohibit meetings and events for cultural purposes, which posed a direct threat to the interests of public safety, order, health or the rights and freedoms of others. Dangers that go out of the event by third parties, represent no prohibition reason.

Jewish cemeteries

Section 19 (1) Jewish cemeteries or Jewish cemetery departments are designed for service. Their dissolution, closure or Enterdigungen of individual grave sites are not permitted. Exceptions require the approval of the competent authority of the respective community.

(2) burials on Jewish cemeteries or Jewish cemetery departments, may be made only with the consent of the competent Community.

Elections

Section 20 (1) if external representation by authorized bodies or religious servant by choice are specified, the electoral process either in the Constitution, the articles of association or an electoral code so sufficiently determined be that a review of the electoral process is possible.

(2) if external representation by authorized bodies or religious servant by choice an election supervisory appeal to the Federal Minister entitled after exhaustion of the intra-religion-social ways each voter or anyone who could be actively entitled to vote because the election rules in accordance with paragraph 1.

(3) if within 14 days of receipt of the option display a notification of an intra-religion-social appeal or a complaint on the basis of paragraph 2, the Minister has to accept the election results and to issue a confirmation of the dial indicator.

Curator order

Section 21 (1) is exceeded by at least six months of the duration of the term of Office of organs authorized to the external representation of the religious society or a community or are no longer capable of this for other reasons, so has the authority to ask the concerned community and the religious society, within a period of at least one and not more than six months the intended elections carry or the ability to act on others , corresponding to the statutes or the Constitution, art to restore.

(2) the Jewish community or the religious society does not comply with the order and neither the community nor the religious society, has introduced a request to order a curator to the competent court so the Federal Minister has to submit such a request to the competent court.

Enforcement of regulatory decisions

section 22. Enforcement of decisions under this Federal Act, the authority can legislation, repeal constitutional or unlawful decisions, impose fines of an appropriate size, and use other legal means.

5. section

Final provisions

Existing Jewish communities, constitutions and statutes

Religious communities existing at the time of entry into force of this federal law 23 (1) shall remain unaffected in their as a part.

(2) constitutions, statutes and elected bodies remain in force. They are, as appropriate, with the provisions of this Federal Act in accordance. The adjustments are to carry out in time, that they are already effectively next election provided for each.

Home and expiry

§ 24. Competence regulation and the Federal law on financial services at the Jewish religious society override connect with the entry into force of this federal law.

Enforcement clause

§ 25. With the completion of the Federal Minister for education, art and culture is entrusted, insofar as due to individual schemes not the substantive jurisdiction of another Federal Minister."

Fischer

Faymann