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 law that modifies the Federal law on the legal personality of religious communities of commitment

The National Council has decided:

The Federal law on the legal personality of religious confessional communities, last amended by the Federal Ministry of law 2007, Federal Law Gazette I no. 6/2007 is amended as follows:

1. paragraph 2 paragraph 1:

"(1) religious confessional communities acquire legal personality under this Federal Act on request by decision of the Federal Minister for education, art and culture. The running of the period pursuant to § inhibited 27 VwGG through time for a possible addition of the application and a possible party hearing from the date of submission of improvement order or of the invitation to the party hearing up to the receipt of supplement or the opinion or the sequence of the period established for that."

2. paragraph 2 paragraph 2:

"(2) the Federal Minister shall homepage to be the receipt of applications referred to in paragraph 1 on the Internet on one of the German Federal Ministry for the area of"Education Ministry"to make publicly available."

3. in article 5, paragraph 2, the phrase is "to be published in the Amtsblatt zur Wiener Zeitung" replaced by the phrase "on the Internet on a website to be"Office of education"by the Ministry for the area to make publicly available".

4. in article 9, paragraph 3, the phrase is "to be published in the Amtsblatt zur Wiener Zeitung" replaced by the phrase "on the Internet on a website to be"Office of education"by the Ministry for the area to make publicly available".

5. paragraph 11:

"section 11. For recognition, the following conditions must in addition to the law on the legal recognition of religious societies, RGBl. No. 68/1874, circumscribed requirements, be met.

1. the confessional community do a) by at least 20 years in Austria, including 10 years in organized form, at least 5 years as a religious confessional community with legal personality under the subject Federal Act are or b) organizationally and in teaching in an international religious society be included, that is at least 100 years and in Austria already in organized form through at least 10 years of work have been or c) be organizationally and involved in teaching in an international religious society , which is at least 200 years, and d) have a number of relatives of at least 2 vT population in Austria according to the last census. If the evidence from the data of the population census is not possible, the confessional community has to provide it in another appropriate form.

2. income and assets may exclusively for religious purposes, including also in the religious goal of reasonable charitable purposes include, are used.

3. it must have a positive attitude towards society and the State.

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

6. pursuant to section 11, 11a the following paragraph with heading shall be inserted:

"Cancellation of recognition

section 11a. (1) the recognition has one according to the law on the legal recognition of religious societies, RGBl. revoking No. 68 / 1874 recognized religious society, if 1 a requirement decisive for the recognition not or no longer exists for 2 to 4, pursuant to section 11, 2. no effective statutes authorized bodies for the State sector has the religious society by at least a year, 3 is a prohibited reason for a religious confessional community in accordance with article 5 the Federal Minister , if this persists despite the request for interruption of the reason for withdrawing, 4. a statutenwidriges behavior despite requests to the secondment continues to exist, or 5 with the recognition related obligations despite the request are not met.

(2) in accordance with the by-laws of the regulation, which was the suspension of recognition, is within three working days. a statement informed the reasons to adopt, which has to include the name of the religious society and the bodies authorized to the external representation and to deliver on this is"

Fischer

Faymann