Amendment Of The Federal Law On The Legal Personality Of Religious Communities Of Commitment

Original Language Title: Änderung des Bundesgesetzes über die Rechtspersönlichkeit von religiösen Bekenntnisgemeinschaften

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78. Federal Act amending the federal law on the legal personality of religious confessional communities

The National Council has decided:

The federal law on the legal personality of religious confessional communities, as last amended by the Federal Ministries of State Law-Novel 2007, BGBl. I No 6/2007 is amended as follows:

1. § 2 (1) reads:

" (1) Religious confessional communities acquire the legal personality under this Federal Act upon request by the Federal Minister for Education, Arts and Culture. The course of the period in accordance with § 27 VwGG will be due to the time for a possible addition of the application and for a possible party hearing from the time of the sending of the improvement order or the invitation to the party hearing until the time of the entry into the party. Supplement or to the opinion or the expiry of the time limit established for this purpose. "

2. § 2 (2) reads:

"(2) The Federal Minister has to make the submission of applications in accordance with paragraph 1 on the Internet publicly available on a homepage to be set up by the Federal Ministry for the area" Kultusamt "."

3. In § 5 (2) the word order shall be "to be published in the Official Journal to the Wiener Zeitung" through the phrase "to make publicly available on the Internet at a homepage to be set up by the Federal Ministry for the area" Kultusamt " replaced.

4. In Section 9 (3), the phrase "to be published in the Official Journal to the Wiener Zeitung" through the phrase "to make publicly available on the Internet at a homepage to be set up by the Federal Ministry for the area" Kultusamt " replaced.

5. § 11 reads:

" § 11. In order to be recognised, the following conditions must be met in addition to those laid down in the Law on the Legal Recognition of Religious Societies, RGBl. No 68/1874, circumscribed requirements.

1.

The confessional community must:

a)

by at least 20 years in Austria, of which 10 years in an organized form, at least 5 years as a religious confessional community with legal personality under this federal law, or

b)

be integrated into an international religious society, which has existed for at least 100 years and has already been active in an organized form in Austria for at least 10 years, or

c)

be involved in an international religious society, which has been in place for at least 200 years, and in teaching, and

d)

have a number of relatives of at least 2 vT of the population of Austria after the last census. If the evidence from the data of the census is not possible, the confessional community shall provide it in a different appropriate manner.

2.

Revenue and assets may be used exclusively for religious purposes, including non-profit and charitable purposes established in the religious objective.

3.

There must be a positive basic attitude towards society and the state.

4.

There must be no unlawful interference with the relationship with existing legally recognised churches and religious societies, as well as other religious communities. "

6. In accordance with § 11, the following § 11a including the heading is inserted:

" Waiver of recognition

§ 11a. (1) The Federal Minister has the recognition of a law relating to the legal recognition of religious societies, RGBl. No 68/1874 of a recognised religious company, if:

1.

a condition applicable to recognition in accordance with § 11 (2) to (4), not or no longer exists,

2.

the religious society has no statutory bodies responsible for the public sector for at least one year, in accordance with representative bodies responsible for the activities,

3.

a reason for a religious confession pursuant to § 5 exists, provided that, in spite of a request to depart the reason for superstition, the confession persists,

4.

a non-statutory conduct persists in spite of a request for a deposition, or

5.

the recognition of related obligations is not fulfilled in spite of the request.

(2) After the presentation of the Regulation, with which the recognition took place, within three working days a notice of determination must be issued on the reasons for the name of the religious society and the last for the external representation. shall contain and shall be notified to the competent bodies. "

Fischer

Faymann