39. Federal Act to enact a federal law on the external legal relations of Islamic religious societies

The National Council has decided:

Federal Law on the External Legal Conditions of Islamic Religious Societies-Islamic Law 2015

Section 1

Legal status

Body public law

§ 1. Islamic religious societies in Austria are recognised religious societies within the meaning of Article 15 of the State Basic Law on the general rights of citizens. They are bodies of public law.

Self-employment

§ 2. (1) Islamic religious societies order and manage their internal affairs independently. They are free in the knowledge and teaching and have the right to practise their religion.

(2) Islamic religious societies enjoy the same legal protection as other legally recognised religious societies. Their teachings, facilities and customs also enjoy this protection provided that they are not in conflict with legal regulations. Religious societies, cult communities or other subdivisions, as well as their members, cannot rely on intra-religious social regulations or doctrine on the obligation to comply with general state standards, provided that the state law applicable in each case does not provide for such an option.

Acquisition of legal personality

§ 3. (1) Islamic religious societies shall acquire the legal personality under this Federal Act upon request by the Federal Chancellor's Regulation. The Regulation shall contain the provisions of the provisions of the third paragraph of this Article. or 4. See the section on the religious society. The course of the period according to § 8 VwGVG is due to the time for a possible addition of the application and for an all-time 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 fixed for this purpose.

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

(3) The acquisition of the legal personality shall be subject to a decision to contain the name of the Islamic Religious Society and the bodies responsible for the external representation in general terms.

(4) The acquisition of the legal personality in accordance with paragraph 3 of this Article shall be used to dissolve the associations whose purpose is to spread the religious doctrine of the religious society concerned.

(5) If an Islamic religious society is reformed under the dissolution of a club serving the support of the religious confession concerned, then the legal form and the continued existence of a mere change of legal status shall be subject to tax law. one and the same taxable person (legal entity).

Conditions for the acquisition of the legal status

§ 4. (1) An Islamic religious society shall require the acquisition of legal personality in accordance with this federal law of a secured permanent state and of economic self-preservation. The permanent permanent stock shall be given if the applicant is a registered religious confessional community and has a number of members of at least 2 vT of the population of Austria after the last census . The applicant must provide proof of this.

(2) Revenue and assets may be used exclusively for religious purposes, including charitable 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.

Failure and waiver of legal personality

§ 5. (1) The Federal Chancellor shall fail to acquire the legal personality if:

1.		with regard to the teaching or application thereof in order to protect the interests of public security, public order, health and morals, or to protect the rights and freedoms of others, in a democratic society; is necessary; this is particularly necessary in the event of a request for a criminal act which is threatened with punishment, in the event of a disability of the psychic development of adolescents, in the event of a violation of the psychological integrity and in the case of application given psychotherapeutic methods, in particular for the purpose of the mediation of the faith,
2.		is missing a requirement in accordance with § 4,
3.		the Constitution does not comply with § 6.

(2) The Federal Government has the recognition of the religious company with a regulation to lift the legal personality of a cult community with the Federal Chancellor, if:

1.		a condition applicable to the acquisition of the legal status in accordance with § 4, except for the number of relatives, § 8 no longer exists,
2.		there is a reason for failure in accordance with paragraph 1, provided that, in spite of a request to depart the reason for superstition, it persists,
3.		a non-constitutional or unconstitutional conduct persists despite a request for a deposition; or
4.		the recognition of related obligations is not fulfilled in spite of the request.

(3) After the presentation of the Regulation which resulted in the annulment of the recognition of the legal personality, a notice of determination shall be issued within three working days on the reasons for which the name of the religious society and the last to the external representation, to contain and to deliver to the external representation.

(4) The disregard or cancellation of the legal status shall be made publicly available on the Internet on a homepage to be set up for the area "Kultusamt".

Section 2

Construction and tasks

Constitutions of Islamic religious societies

§ 6. (1) A constitution of an Islamic religious society drawn up in the context of internal affairs, in order to ensure the impact on the public sphere, shall contain the following information in the official language:

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.		presentation of the doctrine, including a text of the main sources of faith (Koran), which must be distinguished from existing legally recognised religious societies, confessional associations or religious societies;
6.		internal organisation, where at least cult communities are to be provided;
7.		appropriate consideration of all existing traditions within the religious society;
8.		the nature of the order, the duration of the period of operation and the convening of the institutions;
9.		the nature of the worship of religious education and the supervision of such teaching;
10.		the application of the funds, their management and the accounts;
11.		Settlement of disputes within the religious society;
12.		Creation and amendment of the Constitution.

(2) The provision of funds for ordinary activities in order to meet the religious needs of its members has been provided by the religious society, the cult communities, or their members must be made domestiy.

Tasks of a religious society

§ 7. In particular, a religious society is

1.		the representation of the interests of its members, insofar as they extend beyond the scope of a cult community; it is the upper authority of the religious society;
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 institutions to the Federal Chancellor;
3.		the submission of entities with legal personality under national law with legal personality for the purposes of obtaining legal personality also for the public sector, its authorized bodies and bodies and their bodies, and their Changes to the Federal Chancellor.

Cult communities

§ 8. (1) Cult communities are parts of an Islamic religious society, which at the same time 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. Joint facilities of several cult communities can only be established by mutual agreement and with the consent of the religious society.

(3) Cult communities can only be established if their existence and economic self-preservation are secured and the religious society agrees to the establishment.

(4) Each cult community has to give itself a statute which will ensure the impact on 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 on the settlement of disputes within the cult communities; and
9.		Rules on the production and amendment of the Staff Regulations
.

(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.

Section 3

Rights and duties of the "Islamic Faith Community in Austria"

Right of name and protection of religious designations

§ 9. (1) The religious society shall have the right to choose a name within the limits of the limits specified in section 6 (1) (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 create the impression of a legal link to individual institutions of the religious society, a cult community or similar institutions outside of 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 an application for the initiation of proceedings to terminate the illegal state of the Federal Chancellor, if not are subject to criminal law. The application shall be decided within four weeks.

Review Law

§ 10. (1) The religious society shall be entitled to give opinions, opinions, reports and proposals to the institutions of legislation and administration at all levels concerning matters concerning legally recognised churches and religious societies, shall be transmitted.

(2) Legislative measures concerning the external legal relationships of the religious society shall be submitted before their submission, regulations prior to their release, of the religious company, subject to a reasonable period of time for their opinion. ,

Right to religious care in special institutions and youth education

§ 11. (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) Only persons who are technically and personally suitable for this purpose due to their training and their food point in Austria are eligible for the affairs of paragraph 1. They are subject to all denominational concerns of the religious society, in all other matters of the respective responsible management for the institution. The professional qualification is only available if you have a degree in accordance with § 24 or an equivalent qualification. Personal aptitude requires at least 3 years of relevant professional experience and knowledge of German at the level of the maturity test. In addition, an empowerment by the religious society is required.

(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.

(4) The religious society and its members shall be entitled to guide children and young people through all traditional customs and to educate them according to the religious commandments.

Edible rules

§ 12. (1) The religious society has the right to organise in Austria the production of meat products and other foodstuffs in accordance with their internal-religion regulations.

(2) In the case of the catering of members of the religious society in the Bundesheer, in prisons, public hospitals, supply, care or similar institutions, as well as public schools, it is important to have an intra-religious society. Take care of food bids.

Holidays

§ 13. (1) Holidays and the period of Friday prayer shall be guaranteed by the protection of the State. Your appointments are based on the Islamic calendar. The days begin with sunset and last until sunset of the following day. The prayer time is on Friday from 12.00 noon to 14.00.

(2) Holidays are

a)			Ramadanfest (3 days)
b)			Pilgrim-Opferfest (4 days)
c)			Ashura (1 day).

(3) In the days referred to in para. 2 and during the Friday prayer, all preventable, noise-generating acts, which are preventable, are in the vicinity of places of worship and other cult communities for the purpose of service for the service of God. To prevent the celebration of the celebration, as well as to prohibit public gatherings, on-and-going relocations.

Dismissiation of function carriers and carriers

§ 14. The religious society and the cult communities have officials and sponsors, including religious officials and sponsors, who have been tried by a national court on account of one or more offences committed with the attachment of a criminal offence. have been sentenced to more than one year term of imprisonment or, by their conduct, endanger the public security, order, health and morals or the rights and freedoms of others in the long term, to uncover their functions.

Cemeteries

§ 15. (1) Cemeteries Cemetery departments are permanently laid out. Their resolution or closure as well as the entering of individual burial sites are inadmissible. Exceptions are subject to the approval of the religious social authority.

(2) Cemeteries or cemeteries Cemetery departments may only be carried out with the consent of the religious social authority.

Section 4

Rights and duties of the "Islamic Alevitical Community of Faith in Austria"

Right of name and protection of religious designations

§ 16. (1) The religious society shall have the right to choose a name within the limits of the limits specified in section 6 (1) (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 likely to give the impression of a legal link to individual institutions of a religious society, a cult community or similar institutions outside of Austria, as against external third parties, 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 an application for the initiation of proceedings to terminate the illegal state of the Federal Chancellor, if not are subject to criminal law. The application shall be decided within four weeks.

Review Law

§ 17. (1) The religious society shall be entitled to give opinions, opinions, reports and proposals to the institutions of legislation and administration at all levels concerning matters concerning legally recognised churches and religious societies, shall be transmitted.

(2) Legislative measures concerning the external legal relationships of the religious society shall be submitted before their submission, regulations prior to their release, of the religious company, subject to a reasonable period of time for their opinion. ,

Right to religious care in special institutions and youth education

§ 18. (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) Only persons, in particular Dedes, Babas and Anas, are eligible for the matters referred to in paragraph 1, who are technically and personally liable for this because of their training and their food point in Austria. They are subject to all denominational concerns of the religious society, in all other matters of the respective responsible management for the institution. The professional qualification is only available if you have a degree in accordance with § 24 or an equivalent qualification. Personal aptitude requires at least 3 years of relevant professional experience and knowledge of German at the level of the maturity test. In addition, an empowerment by the religious society is required.

(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.

(4) The religious society and its members shall be entitled to guide children and young people through all traditional customs and to educate them according to the religious commandments.

Edible rules

§ 19. (1) The religious society has the right to organise in Austria the production of meat products and other foodstuffs in accordance with their internal-religion regulations.

(2) In the case of the catering of members of the religious society in the Bundesheer, in prisons, public hospitals, supply, care or similar institutions, as well as public schools, it is important to have an intra-religious society. Take care of food bids.

Holidays

§ 20. (1) Holidays and the services of worship (the daily Cem service, the Lokma Day) will ensure the protection of the State. The dates of the holidays are based on the Islamic calendar. The days begin with sunset and last until sunset of the following day.

(2) Holidays are

a)			Fasting and Holidays in memory of the Holy Hizir (3 days)
b)			Birth of Saint Ali (1 day)
c)			Ausrufung Alis as successor of Mohammeds (1 day)
d)			Sacrificial Festival (4 days)
e)			Asure (1 day).

(3) On the days referred to in paragraph 2, During the services of worship, in the vicinity of places of worship and other places of worship for religious purposes, all preventable, noisy acts which result in an impairment of the celebration are all preventable spaces and buildings. , as well as public gatherings, on-and-move, prohibiting.

Dismissiation of function carriers and carriers

§ 21. A religious society and the cult communities have officials and sponsors, including religious officials and sponsors, who have been tried by a national court on account of one or more offences committed with the attachment of a criminal offence. Acts of a custodial sentence of more than one year's imprisonment have been finally convicted or, by their conduct, the public security, order, health and morals or the rights and freedoms of others are endangled in a sustainable manner, their functions to uncover.

Cemeteries

§ 22. (1) Cemeteries Cemetery departments are permanently laid out. Their resolution or closure as well as the entering of individual burial sites are inadmissible. Exceptions are subject to the approval of the religious social authority.

(2) Cemeteries or cemeteries Cemetery departments may only be carried out with the consent of the religious social authority.

Section 5

Cooperation between religious societies and the state

Legal effectiveness of intra-religious decisions

§ 23. (1) The constitution of a religious society, the statutes of cult congregations, as well as in these well-founded procedural regulations, in particular the order of cult regulations and electoral regulations, and their amendments shall require the approval of the Chancellor.

(2) The institutions empowered by the Constitution and the Statutes to represent the external representation, as well as the religious servants, shall be immediately after the election or the election of the Federal Chancellor. Order of the religious company (§ 7 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 day of the confirmation by the Federal Chancellor. They are to be made publicly available on the Internet on a homepage to be set up for the area "Kultusamt".

(4) Institutions endowed with legal personality under intra-religious law acquire legal personality under public law for the public sector with the date of the entry into force of the law of the religious society completed advertisement with the Federal Chancellor, which has to confirm the one in writing. The display must include the scope of action of the legal entity and those persons who contain them to the outside.

Theological studies

§ 24. (1) The Federal Government shall be responsible for the Jänner 2016 for the purpose of theological research and teaching and for the scientific development of the spiritual young Islamic religious societies the existence of a theological education at the University of Vienna. A total of up to six staff posts must be provided for these staff.

(2) For each religious society according to this federal law, a separate branch shall be provided in the course of studies.

(3) As teaching staff according to paragraph 1, university professors, university lecturers, university lecturers, private lecturers and associate professors as well as associated professors are provided in accordance with the following: Collective agreement for the employees of the universities in accordance with § 108 (3) University Act.

(4) Before the occupation of posts as referred to in paragraph 1, it is necessary to enter into consideration with the religious societies about the person envisaged, taking into consideration in the theological core area that it is a question of followers of the persons in the The respective religious doctrine (legal school, creed) represented in accordance with this Federal Law.

Notification and reporting obligations

§ 25. The religious society and the Republic are obliged to inform the 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 § § 14 and 21, as well as for intra-religious social appeal against elections in the religious society or a cult community.

Protection of official secrecy

§ 26. (1) Religious officials 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 official secrecy.

(2) Section 1 shall also apply to the hearing as a person of information or parties in the civil court proceedings.

Entertainment of events

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

Elections

§ 28. (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 as to ensure that the election process is reviewed by the Selection process is possible.

(2) In the event of an election by an external representative of organs or religious servants, each and every person who is actively entitled to vote or who is actively entitled to vote on the basis of the electoral rules referred to in paragraph 1 shall be entitled to vote or to be actively entitled to vote in accordance with the conditions laid down in paragraph 1. could, after exhaustion of the possibilities of intra-religious society, have the right of an electoral complaint to the Federal Chancellors.

(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 Chancellor shall take note of the result of the election and the Issue confirmation of the WahlanDisplay.

Curator Order

§ 29. (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 or a curator, neither the cult community nor the religious society has submitted an application to the competent court. the Federal Chancellors shall submit such a request to the competent court.

Enforcement of regulatory decisions

§ 30. In order to enforce decisions pursuant to this Federal Act, the Authority may, by means of decision-making, cancel decisions which are contrary to the law, constitutional or statutes, impose fines at an appropriate level and use other means provided for by law.

6.

Final provisions

Existing religious societies, cultuscommunities, constitutions and statutes

§ 31. (1) The Islamic Faith Community in Austria, BGBl. N ° 466/1988, and the Islamic Alevitical Community of Faith in Austria, BGBl. II No 133/2013, as well as their parts with their own legal personality, remain unaffected in their condition. They are religious societies according to § 9 resp. § 16 of this Federal Law. Within fourteen days of the entry into force of this Federal Act, regulations pursuant to Section 3 (1) shall be adopted which establish the stock as a religious company in accordance with this Federal Act with the date of the inforce of this Federal Law.

(2) Constitutions, statutes and elected bodies shall remain in force; in function. They are to be brought into line with the provisions of this Federal Law until 31 December 2015. The Federal Chancellor will have to decide on these amendments to the constitutions and statutes by 1 March 2016 at the latest.

(3) Vereine, whose purpose is to disseminate the religious doctrine of a religious society pursuant to this Federal Act and which exist at the time of the entry into force of this Federal Law, shall be on 1 March 2016 with a communication from the Federal Minister for To dissolve the interior if the purpose of the association has not been adapted to the requirements of this Act.

(4) On the date of the entry into force of this Federal Act, religious function carriers can continue to perform their function up to one year from the entry into force of this Federal Act, except for the provisions of Section 6 (2).

In-and out-of-power

§ 32. The law will enter into force with the end of the day of the event in the Federal Law Gazans. With the entry into force of this federal law, the Act concerning the recognition of adherents of Islam as a religious society, RGBl 159/1912 idF BGBl. 144/1988, as last amended by the Federal Ministries Act 2014, BGBl. I n ° 11/2014, except for force.

Enforcement clause

§ 33. The Federal Chancellor is responsible for the enforcement of this Federal Act, unless the competence of a Federal Minister or of a Federal Minister of State exists on the basis of individual regulations.

Fischer

Faymann