10/2008 Sb.



FIND



The Constitutional Court



On behalf of the Republic of



The Constitutional Court ruled on 30 November. October in plenary in the composition of Stanislav package

Francis Skinner, Vlasta Formankova, Turgut Güttler, Pavel Holländer,

Ivana Janů, Vladimir Crust, Dagmar Lastovecká, Jiří Mucha, Jan Musil,

Jiří Nykodým, Pavel Rychetský, Miloslav Výborný, Elisabeth Wagner, and

Michael April on the proposal for a group of Senators of the Senate of the Czech

Republic for annulment of the Act No. 495/2005 Coll., amending Act No.

3/2002 Coll., on freedom of religion and the status of churches and

religious communities and on amendments to certain acts (the Act on churches and

religious societies), as amended by the Constitutional Court

declared under the No 4/2003 and law No. 562/2004 Coll., "possibly" on

cancellation: section 1 (b). (b)), the words "based registered churches and

religious societies and registered pursuant to this Act (hereinafter referred to as

"registered legal person") "and the words" Church ", § 3 (b). (c))

"or the name", "address the place of permanent residence in the Czech Republic;"

and the word "on", § 3 (b). d) substituted the word "registered", section 4, paragraph 4. 4

the words "or other legal person", section 5 of the introductory part of the provisions and

(a). and replaced the word) "people", § 8 para. 3 the words "pursuant to § 15a paragraph 1. 1

(a). and the abolition of the word) "and the" Church ", section 10, paragraph 1. 2 (a). (c)) the word

"at least", section 10, paragraph 1. 2 (a). (d) cancellation of words ") churches and religious

the company ", section 10, paragraph 1. 3 start the part of the provisions "of the present by

paragraph 2 (a). (d)) ", section 10, paragraph 1. 3 (b). (c)) "on the territory of the Czech Republic",

§ 10 para. 3 (b). (d)), section 10 (1). 3 (f)), section 10 (1). 3 (b). (g))

"and the list in the Church and religious society used the designation

spiritual ", section 10, paragraph 1. 3 letter h), section 10 (1). 3 (b). (j)), and data

According to § 27 para. 5 ", section 10, paragraph 1. 4 substituted the word "authority", section 11 (1)

2 "according to § 10 para. 3 (b). (d)) "., § 13 para. 2 (a). (b)) "in accordance with § 10

paragraph. 3 (b). (d)) "., § 14 para. 6 (a). (b)) "according to § 10 para. 3 (b).

(d)) ", section 11 (1) 4 (b). and "at least"), section 12 paragraph 1. 1 (b). (b)) "on the territory of the

The United States "§ 13 para. 3 replaced the word "stop", § 14 para. 7,

§ 15 para. 2 "registration", § 15 para. 3 "under section 10, paragraph 1. 3 (b). d) ",

§ 15 para. 4 first sentence "according to § 10 para. 3 (b). (d)), "§ 15 para. 5

the second sentence "according to § 10 para. 3 (b). (d)) ", the heading of title IV" registered

LEGAL PERSONS ", section 15a including footnotes # 14a and 14b, title

section 16: "registration of legal entities incorporated registered churches and

religious society according to § 15a paragraph 1. 1 (b). and) "§ 16 para. 1

"according to § 15a paragraph 1. 1 (b). and) "," (b). (d)) "after the number" 3 "and cancellation

the text of the "authority of registered churches and religious societies or religious

and other church institutions such as the Church "and" specified in the basic

the present document, "§ 16 para. 2 the introductory part of the provisions of the replaced

the text "§ 15a paragraph 1. 1 (b). and) "§ 16 para. 2 (a). (b) the replaced text)

"the subject matter of general interest, business and other professional", § 16 para.

2 (a). (g)), § 16 para. 3 replaced the text of the "authority of the registered Church and

religious society under section 10, paragraph 1. 3 (b). (d)) "and the cancellation of words

"Church", § 16 para. 3 the first sentence "according to § 15a paragraph 1. 1 (b). and) "and

replaced by the word "registered", § 16 para. 4 the replaced text "authority

registered churches and religious societies according to § 10 para. 3 (b).

(d)) ", § 16 para. 5, replaced by the words "pursuant to section 10, paragraph 1. 3 (b). (d)) ", section 16 of the

paragraph. 6, section 16a, in the title of title V, replaced the word "REGISTERED", the title of the

section 17 replaced the word "registered", § 17 para. 1 replaced the word

"registered" and "legal persons registered or recorded by

This law and this ", § 17 para. 6 replaced the word "registered", section 17

paragraph. 7 and 8, including footnote No. 15a, section 18 para. 1 (b). (d)), and

I), section 18 para. 2 replaced the words "change registration", § 19 para. 1 (e)), and

I), section 19 para. 2 replaced the words "change registration" section 20, in the title

Title VI replaced the word "registered", § 22 para. 1 (b). (d)), replaced by

the words "not" and "designated authority" and inserted the words "pursuant to section 10, paragraph 1. 3

(a). (d)) ", paragraph 23, the words" the design entered bankruptcy or proposal on "and

replaced by the word "registered", supplemented by footnote # 16: "the law

No. 328/1991 Coll., on bankruptcy and settlement, as amended by Act No. 122/1993

Coll., Act No. 42/1994 Coll., Act No. 74/1994 Coll., Act No. 116/1994

Coll., Act No. 154/1994 Coll., Act No. 224/1994 Coll., Act No. 84/1995

Coll., Act No. 94/1996 Coll., Act No. 151/1997 Coll., Act No. 12/1998

Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll., Act No. 105/2000

Coll., Act No. 211/2000 Coll., Act No. 367/2000 Coll., Act No. 370/2000

Coll., Act No. 120/2001 Coll., Act No. 126/2002 Coll., Act No. 403/2002

Coll., Act No. 101/2003 Coll., Act No. 210/2003 Coll., Act No. 257/2004

Coll. and Act No. 499/2004 Coll. ", § 24 para. 2, 3 the cancellation of words

"Church", section 26, section 27 para. 10 substituted the word "registered", section 29

"registered" and "proposals for the registration of legal entities and registration of changes"

Act No. 3/2002 Coll., on freedom of religion and the status of churches

and religious communities and on amendments to certain acts (the Act on churches

and religious societies), as amended,



§ 6 para. 2 Act No. 198/2002 Coll., on volunteer service and amending

Some laws (law on volunteer service), embedded words

"registered under the law governing the status of churches and religious

by 4) "including footnote 4 and the abolition of the word

"Church",



§ 81 para. 2 (a). b) of Act No. 435/2004 Coll., on employment, the pasted

the words "registered under the law governing the status of churches and

religious communities 48) ", the abolition of the word" Church "



§ 9 para. 3 (b). a) of Act No. 563/1991 Coll., on accounting, as amended by

Act No. 114/1994 Coll., Act No. 227/1997 Coll., Act No. 353/2001 Sb.

and Act No. 441/2003 Coll., matched with the words "legal person registered

under the law governing the status of churches and religious communities

9) ", including footnote No. 9,



as follows:



Both proposals are rejected.



Justification



(I).



Recap of the proposal



1. Submission sent to the Constitutional Court the date proposed by the Group of 16.1.2006

Senators Senate of the Parliament of the Czech Republic, referring to article. 87 para.

1 (b). and the Constitution of the United States) ("only the Constitution") and under section 64

paragraph. 1 (b). b) Act No. 182/1993 Coll., on the Constitutional Court, as amended by

amended (hereinafter referred to as the "law on the Constitutional Court") to the constitutional

the Court annulled the law No. 495/2005 Coll., amending Act No. 3/2002 Coll.

about religious freedom and the status of churches and religious

companies and amending certain acts (hereinafter referred to as ' law no 495/2005

Coll. ") and" possibly "in the header marked with the provisions of Act No. 3/2002

Coll., on freedom of religion and the status of churches and religious

companies, as amended (the "law".

"Act No. 3/2002 Coll.), and other laws, as they both are by their

opinion in conflict with the constitutional order, namely article. 1 and article. 6, sentence

Second, the Constitution, art. 4 (4). 4, art. 15 and 16 of the Charter of fundamental rights and

freedoms (the "Charter"), as well as with the finding of the Constitutional Court, SP. zn.

PL. ÚS 6/02.



2. in part I, "specification of the Act against which the proposal is directed"

the promoters pronounced the suspicion that the intention of the legislature when adopting the

the contested amendment of Act No. 3/2002 Coll. has been to restrict religious freedom,

perform unconstitutionally restrictive interpretation of the Charter and violate the decision of the

The Constitutional Court, and all this in a situation where such access did not indicate an

"no negative empirical experiences from the existing operation of the churches and the

religious communities and institutions established by them ".



3. The appellants also point out that the design of this amendment has been

the very beginning did not unambiguously criticized the legislative

process (the Senate Bill rejected) and already in the preparation of the law some

political and religious entities to the upcoming law floated the reservations.

The adoption of the controversial law was not enough to justify any

urgent reason or actual danger to society, and the legislature

In addition, did not provide any



vacatio legis

.



4. In part II. "The conflict with the article. Article 16(1). the Charter of fundamental rights and

freedoms, the conflict with the constant jurisprudence of the Constitutional Court, so far "

the promoters will find "a single fundamental goal" Act No. 495/2005 Coll. on

change the existing procedure, when evidence of ecclesiastical legal persons

carried out by the Ministry of culture will no longer be the nature of declaratory,

but konstitutivního. In the sense of constant theoretical opinions then

already in the formation of the legal person does not go about registering, but registration.



5. This mode of acquisition of legal personality by the appellants is

contrary to the article. Article 16(1). 2 of the Charter, according to which "churches and religious

the company ... sets out his spiritual and establish religious and other

church institutions independent of the State authorities ", as well as with the

judiciálním interpretation of the examination of the Constitutional Court in the findings, SP. zn. Pl. ÚS

6/02, (collection of findings and resolutions of the Constitutional Court (hereinafter referred to as "collection

the decision "), Volume 28, finding no. 146, promulgated under Act No. 4/2003 Coll.) SP.


Zn. I. TC 146/03. even SP. zn. I. TC 211/96 and SP. zn. III. THE TC

136/2000 (a collection of decisions, volume 31, finding no. 115; Volume 7, find

# 34; Volume 19, no. 30).



6. The plaintiffs says that there is no reason to vary between "the emergence of independently of the

State "as the term arbitrary calculations on the one hand in the article. 27 para. 2

Of the Charter in connection with the trade unions, and on the other hand in the article.

Article 16(1). 2 of the Charter in connection with the churches and religious societies.



7. not acceptable constitutional consequences with regard to the constitutionally guaranteed

the principle of "privilegovanosti churches and religious societies" in the opinion of

the appellants also founds the situation where "the status of churches and religious

the company is in this respect compared to the civic association

less favourable ", because" Law No. 83/1990 Coll. on Association of citizens in

as amended, the civic association allows you to set

the so-called. organizational unit as the side of a legal person ".



8. in section III. "Restrictions on the freedom of religion", the appellants

They argue that the "1/State may not restrict the freedom of religion and

interfere with it (if its performance does not affect the rights of others), but it

must only protect ", 2/that the churches and religious societies are" with

in other private corporations "unmistakable, which is given by

especially the "interests of the meaning of"; It follows from this requirement,

to be recognised and their "certain privileged position" and "constitutional

anchor ', and finally 3/that part of the exercise of religion is for believers

not only for discussions related to the confession of a certain faith, but also "the action of the Church in

the world and the transmission of faith in the companies ' activities in the field of

the humanitarian, social, charitable and educational.



9. The appellants, it was claimed that contrary to the challenged legislation "in the

ultimately leads to the exclusion of charities and diaconia of churches "structure

["in the case of the newly established State of registered legal entities

checks for the purpose of their creation and records only those that provide

charitable services (article. I, point 25 and 35 of the Act No. 495/2005 Coll. or section

§ 15A and 16a of the Act) ", or" denies the existence of religious schools,

that would have been part of the Church ".



10. The amendment of Act No. 3/2002 Coll. is attempting to review the award

The Constitutional Court, SP. zn. PL. ÚS 6/02, and especially in the case of the provisions

article. I, section 35 of Act No. 495/2005 Coll. and section 16a para. 5 of the Act, which

is basically the same as cited by discovery of the cancelled section 27 para. 5

law, or in the provisions of article. II. 3 of Act No. 495/2005 Coll., which is

the same as the find of the repealed provisions of § 28 para. 5 of the Act.



11. in section IV. "The reduction of the current standard of rights and liberties"

applicants with reference to the case-law of the European Court of human rights

(judgment of 28.7.1999 in Selmouni v. France case, complaint No.

25803/94, judgement of 27.11.2003 in case Hénaf v. France, complaint

# 65436/01) and the Constitutional Court (SP. zn. PL. ÚS 36/01, pl. TC 44/02, II.

TC 321/04-a collection of decisions, Volume 26, finding no 80, promulgated under no.

403/2002 Sb.; volume 30, no. 98, promulgated under no. 210/2003 Coll.;

Volume 36, finding no. 33) apply a reservation, that "the level of protection of human

rights has with a time of growth and not decline ", while in the present case, it is

on the contrary.



12. Or otherwise allowable for the cab, with the exception of "balancing the collision of two

rights "or" changing social conditions "are, in the opinion

the appellants in that case also.



13. The appellants ' argument from a larger to a smaller "whether or not it was, that the

If the limitation level of human rights protection in accordance with the constitutional

the amendment to the Constitution Court to base, then "a fortiori unable to reduce the level of

protection of human rights to lead the simple change of the common law ".



14. "beyond the above caveats" have pointed out, the appellants in this

the context and to the provisions of article. I, point 13, of law no 495/2005 Coll., i.e.

the amendment to section 10, paragraph 1. 3 (b). (g)), of Act No. 3/2002 Coll., which is

accompanied by the words "and the list in the Church and religious society used

the designation of the spiritual "; the State restricts payment of personal benefit they say

provided the spiritual not only according to their activities carried out in

the spiritual administration, but also on the basis of the identification of their function.



15. The provisions of article. I, section 20 of Act No. 495/2005 Coll., i.e.. § 13 para. 3

the law establishes the administrative proceedings in the alleged case of churches more stringent

conditions than the original version or the administrative code since it does not allow for interruption

control, but just to stop the proceedings.



16. in part V "conflict with the principle of the rule of law in the material"

the appellants take issue with the "non-systemic and intended use of the concept of

evidence ", which is" contrary to the principle of material legal

State-requirement of legal certainty, clarity, predictability and

certainty of rights ". This criticism both by "combining concepts such as

charitable services, services of general interest, charity and diacony,

supplementary activity ", and with the provisions of § 15a paragraph 1. 2 of the Act, in accordance with

which "other legal entities based churches that are not registered

According to this law, may become legal entities registration or

registration under special regulations. " In the first case, the use of "no way

unexplained and indeterminate concepts-opens the possibility for more bullying of churches

and their legal persons, government authorities "and the second objection

the promoters will develop the consideration that "If an entity is a legal

person, no longer a legal entity State ". The legislature,

"that is attempting to claim that the registration of the legal person has

constitutive character, a sort of tried to square the circle, alone

It proves the absurdity of its legal structure ".



17. In part VI. "The conflict with the principle of the protection of minorities", the appellants in the

the basis of the demographic data from the Census of population and housing 2001

It was claimed that the believers are the minority, "Dspolečenskou, and in their opinion

"even" is "one of the political reasons" why "voters in

his most hostile attitude of a large part of the political class to the churches and

restrictions on religious freedom aprobují ".



18. in section VII. "The preamble to the eventual formulation of a proposal"

the appellants applied point of view, the adoption of Act No. 495/2005 Coll., by

out of binding opinions of the Constitutional Court and that unreasonably limits the

the achieved standard of protection of human rights, determined by the absence of a regulatory "

competence of the Parliament ", which then allows no derogation of the law itself,

Although amendments to the law of another. The eventual proposal is given only "from the

because of a legal caution ", as it is known, that" the amendment of the legal

the regulation does not have a separate existence of normative, but becomes part of the

the revised legislation "(finds SP. zn. PL. ÚS 5/96, pl. ÚS

25/2000, pl. TC 33/01-a collection of decisions, volume 6, finding no 98,

promulgated under no. 286/1996 Coll.; Volume 19, usn. # 27; Volume 25, finding

# 28, declared under no 145/2002 Coll.). In the case of the absence of dovozované "

regulatory competence ", however, is admitted to judge the constitutionality of" itself

Amendment "(SP. zn. PL. ÚS 5/02, pl. ÚS 13/05-a collection of decisions, volume

28, finding no 117, promulgated under no. 476/2002 Sb.; Volume 37, finding no.

127, promulgated under Act No. 283/2005 Coll.).



19. In part VIII. the promoters will give expression to the constitutionally guaranteed basic

rights and freedoms, the violation of which argue and define the subject of the proceedings.



II.



Representation of the parties



And.



The Chamber of deputies of the Parliament of the United Kingdom



20. The Chamber of deputies in its observations dated 20.4.2006 pwapi have mainly

stated that the legislature was acting when discussing the Act No. 495/2005

Coll. in compliance with the prescribed procedure and in the belief that the adopted law

is not in conflict with the Constitution. Act No. 495/2005 Coll. does not deny or exclude

the basic human rights guaranteed to all under the Constitution and the Charter.



21. The Chamber of Deputies opposing the claim of "lack of regulatory

competence of the Parliament ", arguing that" in the proposal are not listed

relevant reasons or misconduct in discussing and approving the amendment to the

the law in the Parliament of the CZECH REPUBLIC ". The opposition also pronounced neuplatněnou

the protection of minorities, and States that "the faithful of the Church or religious

the company "among minorities, the Constitution as well as the Charter does not. With

reference to the article. 2 (2). 1 and article. 3 (2). the Constitution further concludes that with

the applicant lodged in the interpretation of the article. Article 16(1). 2 of the Charter of the

"opinion on the constitutional principle of Church and religious privilegovanosti

the company "cannot identify.



22. The Chamber of Deputies, in accordance with the above, concluded that although the

State-except as provided in article 14(1). Article 16(1). 4 of the Charter-"intervening

to manage the Affairs of those who want to, together with other

to manifest their beliefs and religion in the form of churches and

religious organisations ", is required to protect the rights and freedoms of others.

A prerequisite for effective protection of the rights of third parties is that legal

people have been "at least state a legal form of registered or

at least hard-recorded, and when the loss of registration or registration conditions

of these phased out ". The law of churches and religious communities

does not establish whether after cancellation of registration of legal entities by the State this


its part of the existence of the right to cancel or keep.



(B).



Senate of the Parliament of the Czech Republic



23. in its observations the Senate of 14.4.2006 stated that a draft law has refused,

Since "after extensive debate was outweighed by opinion" that certain provisions of

the present master is not in accordance with art. 16 of the Charter and do not respect

the opinions expressed in the preamble to the Constitutional Court, SP. zn. Pl. ÚS

6/02.



24. in the context of the events should go in particular to the provisions of article. I. section

25 insert design for section 15 new section 15a, which is according to "some

Senators "contained essentially the same as in the preceding adjustment § 6 para.

2 of the law on churches and religious societies, which was above

referred to finding the Constitutional Court cancelled.



25. The Chamber also pointed out that from "party promoters have been placed

arguments in support of the proposed adjustments, within which were mentioned

also certain passages from the preamble to the Constitutional Court, SP. zn. Pl. ÚS

6/02, by pointing out that they are not completely clear and unambiguous, respectively

that is contradictory. "



III.



The opinion of the Ministry of culture



26. The Constitutional Court according to § 48 para. 2 and § 49 paragraph 1. 1 of the law on the constitutional

the Court also urged the Ministry of culture, to be delivered by the design

have expressed.



And.



27. the Minister of culture, Mgr. Vítězslav Jandák in the paper of the day on April 21,

REF. 4235/2006, stated that "it is not a supporter of the amendment, personally"; to connect

a document identified as "representation of the Ministry of culture" has been conducted

"the concern that, in the event the adoption of certain proposals contained

in the so-called. the eventual proposal became law on churches and religious

companies in a fragmentary and difficult to technical necessity ", respectively.

"even on the proposals to cancel the provisions of the Act, which has already been

the subject of an assessment of the Constitutional Court and that according to the law on the constitutional

the Court should not be designed to cancel ".



28. "the Representation of the Ministry of culture, in particular, opposes a proposal

that "the amendment does not have a canonical existence", of which

concludes that a proposal for its abolition therefore cannot be upheld. Disputes

"the constitutional principle of privilegovanosti churches and religious societies"

and concludes that it is not enshrined in the constitutional order; article. Article 16(1). 2 of the Charter of

declares in his opinion the right of churches and religious communities

manage "their" internal "matters", not, however, be based

the legal entity in a different mode from other private-law

subjects. What to record mode, the Constitutional Court in finding SP. zn. Pl. ÚS

6/02 "did not find compelling reasons to question the very principle of",

the effects of registration are fundamentally backwards, i.e. dating already at the date of establishment of the

Church legal entities registered churches or religious

companies, and the Constitutional Court in this award "expressly provided" that

dismisses the application for annulment of article 16, although other time based effects

evidence. To the argument alleging an allegedly better editing

the derived legal personality under the Act No. 83/1990 Coll., observations

points out that it is the subject of the specified activities closely correlate

civic associations, and rejects the view that the legislation is

eligible "exclude charities and diaconate from the structure of the Church", shows

that the churches and religious communities in accordance with the Education Act founder

"Church schools" will remain the law the payment of personal benefits

provided the spiritual restrict, and that "the reason for the cancellation

the provisions of § 28 para. 5 of the Act were the other parts (other than the time limit for

completion of data under the Act) "." To request a proposal for "strict

the definition of "some arbitrary terms used (charity services

services of general interest, charity and diacony, supplementary activity), then

Here argues that the statutory definition might not affect the entire range of

the activities of registered legal entities. Some of the contested design

the wording of the then only correct text, clarifications or

the change of terminology, there is no clear sense of some parts of the proposal, for example,

the replacement of the term "citizen" by the term "person" to cancel all the provisions of §

20 of the law, § 13 para. 3, § 16 para. 2 (a). (b)) § 16 para. 2 (a). (g)), and

§ 17 para. 7 of the Act, compliance with any individual

"possible" proposals would lead to unintelligibility and malfunction

the entire Bill.



(B).



29. Helena Trestikova non-Minister of culture of 23 July. 1.2007,

No. 1420/2007, the Constitutional Court announced the "complement and change the representation

The Ministry of culture of the CZECH REPUBLIC "based on" re-evaluation

the argument of the appellants and supplemented by legal expertise ".



30. the document "and change the representation of the Ministry of culture of the CZECH REPUBLIC" in the

Part II. "The registration of legal entities" materially přisvědčuje

the design and, in particular, the provisions of § 15a paragraph criticises. 1, second sentence, which is

in his opinion, contrary to the article. Article 16(1). 2 of the Charter, "referred to

the issue has already been dealt with extensively and repeatedly by the Constitutional Court of the Czech

of the Republic "and" the argument cannot succeed the petitioner relating

legal certainty for third parties, as such a restriction of security of the

people do not ". "Hidden registration principle of" churches and religious

the company "has not only neprivileguje to other bodies, but on the contrary

at a disadvantage ... against the regular civic association "and" scales back and tapers

the activities of the Church on the bohoslužebnou activity ". Inadmissible ingerenci

State power in the internal affairs of the Church, is also "to differentiate

the main and complementary activities ", as well as the identity of the time of cancellation

a legal entity with its removal from the register of registered legal entities

people in the event of extinction without liquidation, if it is not submitted, the

at the audition (§ 26 para. 7 of the law). In part III. "The Reduction of the existing

the standard of rights and freedoms ", by contrast, noted that" the obligation of disclosure in

the basic document of Church and religious society in the Church and list

the company used the designation of spiritual and religious "conflict with the

constitutionally guaranteed by the law of churches and religious societies to assess

the eligibility of persons for the performance of religious activities and also

determine their inclusion is not, however, stop the proceedings according to § 13 para. 3

the law in the case of nedoplnění data by the applicant during the registration of the Church and

Indeed, the religious society "standard rights as compared to the original

the text of the law or the administrative regulations over "indeed. In part IV.

"The conflict with the principle of the rule of law and the principle of material protection

of minorities, "the document warns that" it is difficult to accept the idea that it would

believers were in the Czech Republic by a minority within the meaning of the constitutional rules ".

Finally, in part V "relationship formation and registration of legal persons according to the law

No. 3/2002 Coll., to the provisions of section 18 and section 19 of the civil code "then

points out that, with regard to the provisions of § 18 para. 2 (a). and), (b)), and

(d)). Cust. "repeatedly, your argument cannot succeed in

the parliamentary debates that particularly the so-called. historical legal persons

beyond the possibilities of the Czech legal order ", and that the provisions of § 19 para. 2

of his/her identity. Cust. "allows you to totally and completely" to establish the moment of occurrence of legal

people registered under the law "to the point of making a decision of the competent

authority of the Church and religious society. "



(C).



31. in the comprehensive reply of 18 May. 8.2006 the plaintiffs ' expression

The Ministry of culture of the CZECH REPUBLIC "(dated 21. 4.2006) questioned, especially

as an unauthorized and contrary to the document reserved opinion

Minister Vitezslav Problem. The plaintiffs on their criticism of the law

they and their representative has indicated that "throughout the VMK is not considered

Unfortunately, no claim for a concise "and that" unsigned document ...

does not contain the actual constitutional argument, but only the clutch

formal cynicism ".



IV.



The opinions of other interested bodies



32. The Constitutional Court, led the effort to obtain the most complete information, he asked

(as in proceedings under the SP. zn. PL. ÚS 6/02) on the communication from the

opinions on the proposal under consideration of the Ecumenical Council of churches in the Czech

Republic and the Czech Bishops ' Conference.



33. The Ecumenical Council of churches in the Czech Republic in its observations dated

5.5. 2006 stated that the "hidden purpose of Act No. 495/2005 Sb."

"restrict religious freedom guaranteed by the churches and religious communities

The Charter ", and explicitly challenged the provisions of § 15a paragraph 1. 1 (b). and)

the law, which "allows you to suggest to register the authority of the Church, religious or

another institution based only in order to profess their religious faith ",

the provisions of § 15a paragraph 1. 1 (b). (b)) of the Act, which "limits the areas in which

the Church can engage in any activity, which is in breach of article. 16 of the Charter ", and

Finally, the provisions of section 26 of the Act, which extends the powers of the Ministry "

culture, which is authorized to cancel the special purpose equipment, if they are not aligned

authorities or do not exercise a special-purpose device for more than one

year activity ".



34. the Czech Bishops ' Conference statement of 2 July. 4.2006 design

přisvědčuje with the fact that the amendment made by Act No. 495/2005 Coll., "

characterized by an effort to reintroduce the principle of registration for the emergence of

Church legal entities, albeit faint, as evidence, which is


in conflict with the constitutional order, as is apparent from settled case-law

The Constitutional Court ". In its opinion, however, it is necessary to take into account

"the diversity of individual churches and religious societies to

of their nature, objectives, structure, number of members and history ", respectively.

the existence of the "so called. traditional churches (religious organisations), which

the Czech Republic has been operating continuously for centuries and whose

the doctrine, and the system of values is immutable in its principles and transparent ".

Expand clarifies the specific situation of the Catholic Church the

the worldwide representation of the Apostolic See, whose international

personality, which recognised the Czech Republic "is witnessed by the mutual

diplomatic relations at the highest level ". The Catholic Church, "as opposed to

other churches and religious communities, above all "your" inner

the ratios of universal codification of Canon law regulates, based on

the millennial tradition of authenticated ". According to the Czech Bishops ' Conference "continues to

It is not meaningful to address institutional deficits of Act No. 3/2002 Coll., its

Sub derogacemi, "but" unconstitutional use of Act No. 3/2002 Coll. in

practice is the only way to exclude that it will be replaced by legislation ".



In the.



The abandonment of an oral hearing



35. Due to the fact that, as the appellants ' representative as the President of the

The Chamber of Deputies and the President of the Senate of the Czech Republic

agree, the Constitutional Court in the case dropped after the face-to-face consultation,

Since it considers that, since it could not be expect further clarification of the matter (§ 44

paragraph. 2 of the Act on the Constitutional Court).



Vi.



The appellants ' locus standi



36. Standing to the submission of the proposal under consideration was

proponents of the article. 87 para. 1 (b). and, according to which) of the Constitution the Constitutional Court

decide on the repeal of laws or their individual provisions if they are

in conflict with the constitutional order, in conjunction with § 64 para. 1 (b). (b))

the law on the Constitutional Court, according to which the proposal to repeal the law or its

of the provisions referred to in article. 87 para. 1 (b). and) of the Constitution is

entitled to bring a group of at least 17 senators.



VII.



The constitutional conformity of the legislative process



37. The Constitutional Court dealt with the question of whether a law was no 495/2005 Sb.

adopted and published within the limits of the Constitution laid down the competence and constitutionally

in the prescribed manner (section 68, paragraph 2, of the law on the Constitutional Court). The constitutional

konformitou the legislative process in relation to law No.

3/2002 Coll., while the Constitutional Court was finding SP. zn. Pl. ÚS

6/02, and for brevity it refers.



38. The draft law submitted by the Government of the Czech Republic. Master

the deputies of the Parliament of the Czech Republic discussed as

print 863-Government Bill amending Act No. 3/2002 Coll., on

religious freedom and the status of churches and religious

companies and on amendments to certain acts (the Act on churches and religious

companies), as amended by the Constitutional Court declared under no.

4/2003 Coll. and Act No. 561/2004 Coll., the third reading of the draft law is

took place at 45. a meeting of the Chamber of Deputies the day 21.6.2005. When his

the hearing was the first vote on the proposal to reject it, which has not been

adopted (voting sequence number 85, 168 Members present, for

41 members, voted against 90 members). On the proposal of the act as a whole

It was decided in the voting sequence number 92, in which the present

174 members of Parliament for the adoption of the draft law as a whole, have expressed their consent to 108

Deputies voted 5 deputies. This vote in favour

The Chamber of Deputies agreed.



39. The Bill was referred to the Senate, which on 4 July 2003. 8.2005

resolution No. 211.



40. On the proposal for the Chamber of Deputies votes again on 51.

meeting on 22 November. 11.2005, on which the Chamber of deputies members of the 101 votes

the Bill was approved by the (serial number 55).



41. the President of the Republic signed the Bill on 6. 12.2005 and 23 September.

12.2005 was promulgated in the collection of laws under no. 495/2005 Sb.



42. There is therefore no basis for judgement (plaintiffs) that the contested Law

was not accepted and issued within the limits of the Constitution laid down the competence and constitutionally

in the prescribed manner. Complaint, the "absence of regulatory competency"

Parliament of the Czech Republic, the Constitutional Court and in the following text

(part X of the award).



43. After the Constitutional Court went to assess the content of the

the contested provisions of the Act from the point of view of their compliance with the constitutional

policy in the United States [article 87, paragraph 1 (a)) of the Constitution].



VIII.



The constitutional principles of religious freedom in the constitutional order of the Czech

Republic



44. The Constitutional Court is already in finding SP. zn. PL. ÚS 6/02 for

each of the constitutional principles of religious freedom in the constitutional order

Of the Czech Republic. From the opinions expressed there is now.



45. The Constitutional Court then pointed out the article. 2 (2). 1 of the Charter which guarantees

religious pluralism and religious tolerance, respectively, Department of

State from the specific religious beliefs (the principle of the secular State).

The principle of religious pluralism and tolerance is then expressed in the article. 15

paragraph. 1, and in article. 16 of the Charter; article. 15 paragraph 1. 1 provides that freedom of thought,

conscience and religion is guaranteed, and that everyone has the right to change the

his religion or faith or to be without religion and according to the

article. Article 16(1). 1 everyone has the right to manifest freely his religion or

faith either alone or jointly with others, privately or publicly,

in worship, teaching, religious acts, or the maintenance of the ceremony.

The key provisions of article. Article 16(1). 2 States that churches and religious

the company manages its affairs, in particular the provisions of its authorities,

enshrine your spiritual and establish religious and other religious institutions,

independent of the State authorities.



46. As opposed to the freedom of conscience and religion, for which the Charter

does not provide for any possible conditions for its limitations, the freedom of performance

religion or belief limited by law, with regard to measures in the Democratic

society for the protection of public security and order, health

and morals or the rights and freedoms of others (article 16, paragraph 4, of the Charter,

resolution of 8.10.1998, SP. zn. IV. TC 171/97, collection of findings and

the resolution of the Constitutional Court of the CZECH REPUBLIC. 12, pp. 457 et seq.).



47. Keeping in mind the principle of autonomy is respected, supported by churches and

religious organisations, which lies mainly in the fact that State to

the activities of churches and religious societies may not intervene, and if

the activity of the Church is limited to internal affairs (in particular the organizational

the breakdown), is not in principle, such measures may be under review by the courts.



48. the European Court of human rights on the grounds of the judgment of 26 June. 10.

2000 in the matter of Hasan and Chaush v. Bulgaria, complaint No. 30985/96, para.

62, stated that "if it is a religious organization

the company article. 9 of the Convention for the protection of human rights and fundamental freedoms

must be interpreted in the light of article 6(2). 11, which protects a performance

LM tamper State rights. As seen in this

perspective, the right of the faithful to religious freedom includes the expectations,

the community will be allowed to operate peacefully, without arbitrary

State interference. The autonomous existence of religious communities is

indispensable for pluralism in a democratic society, and is therefore

the question of the core of the protection which article. 9 provides.

It includes not only the Organization, but also religious society

the effective exercise of freedom of religion all its active members. If

the organizational life of religious communities was not protected by the article. 9 of the Convention,

all other aspects of individual religious freedom would have been

affected. " (also cf. judgment of the European Court of human rights

of 13 October. 12.2001, in case of the Metropolitan Church in Bessarabia, and more.

Moldova, no. 45701/99, para. 118 and 123).



49. In finding pl. ÚS 6/02 gives the Constitutional Court also made it clear that (in relation to the

article. Article 16(1). 4 of the Charter) doubts, what clearly expressed

disentující judges that "guaranteeing a minimum protection of the other participants

private law relations "is" no doubt ... a legitimate aim

editing ". Constitutional value, which is therefore the principle of the autonomy of the Church and

religious communities necessarily measure, is the principle of legal certainty and

protection of the rights of third parties (article 1, paragraph 1, of the Constitution, article 16, paragraph 4,

Of the Charter).



50. There is no reason not to accept the view that the State is obliged to "protect the rights of

and the freedom of others ... and in the framework of this protection is required to guarantee that the

any entity that enters into a private account, which

the subject is a property right or a right derived from this law, the

body else, he knew, or at least without difficulty could know

why and how the legal entity was established, what is the competence of the

to acquire rights and obligations, and since when has this ability, which is her with

No one unmistakable name, where it has its registered office, and who is entitled, under this

legal person Act "(see the above representation of the Chamber of Deputies

Parliament of the Czech Republic).



51. the Centre of gravity of the matter Content represents just a dispute about the scope of the autonomy of the

churches and religious societies.




52. Given the normative changes in the definition of "registered legal

people "(as will be described next) is compared to the original assessment (in

finding SP. zn. PL. ÚS 6/02) contextually scrolls i previously expressed

arguments of the terms "registration" and "evidence" that the State may no longer in

sharp kontrapozici. In General, noted that the specific

"evidence", though visually "constitutive", its terms not only

You may not have all the characteristics of "registration", but rather is eligible

close to the "Declaration", in particular in respect of legal persons no longer have the

date of establishment and must be made in the statutory time

always, if the applicant meets the formal conditions are objectively reasonable. Rather

than a dispute about the register and the registration then the material's assessment of what

(acceptable and conversely, nevěcné, zátěžlivé or even

vexatious) terms of the law for the formation of the registered legal person asks,

or whether their nature are-in relation to the professed protection of other

-legitimate constitutional values and whether adequate proportions are representative of the clash

the concerned constitutional values either.



IX.



The diction of the contested Act No. 495/2005 Sb.



53. Act No. 495/2005 Coll., which the appellants are challenging, as follows:



495/2005 Sb.



LAW



of 22 March. November 2005



amending Act No. 3/2002 Coll., on freedom of religion and

status of churches and religious communities and on amendments to certain laws

(the law on churches and religious societies), as amended by the award

The Constitutional Court declared under # 4/2003 Coll. and Act No. 561/2004 Coll.



Parliament has passed the following Act of the United States:



PART THE FIRST



Amendment of the law on churches and religious societies



Article. (I)



Law No. 3/2002 Coll., on freedom of religion and the status of churches

and religious communities and on amendments to certain acts (the Act on churches

and religious societies), as amended by the Constitutional Court

declared under the No 4/2003 Coll. and Act No. 561/2004 Coll., is amended as follows:



1. In paragraph 1 (b). (b)), the word "Church" be deleted and the words "legal

people "with the words" registered churches and religious-based

the company and registered in accordance with this Act (hereinafter referred to as "registered

legal person ")".



2. In paragraph 3 (b). c) after the word "name" the words ", where appropriate,

the name "," last name, "shall be inserted after the words" permanent address

stay in the Czech Republic; "and after the word" States "shall be inserted after the word

"later".



3. In paragraph 3 (b). (d)), the words "Church" are replaced by the word "registered".



4. In section 4, paragraph 4. 4, after the word "company", the words "or other

legal person ".



5. in paragraph 5 of the introductory part of the provisions in subparagraph (a)) and the word "citizens"

replaced by the word "persons".



6. In section 8 paragraph 1. 3, the word "Church" be deleted and the word "person"

the words "in accordance with § 15a paragraph 1. 1 (b). and) ".



7. in section 10, paragraph 1. 2 (a). (c)), after the words "the original signatures of the word

"at least".



8. In section 10, paragraph 1. 2 (a). (d)), the words "churches and religious societies"

shall be deleted.



9. in section 10, paragraph 1. 3 of the introductory part of the provisions for the word "company"

the words "submitted in accordance with paragraph 2 (a). (d)) ".



10. In section 10, paragraph 1. 3 (b). c) after the word "society" is added

"on the territory of the Czech Republic."



11. in section 10, paragraph 1. 3 (d)):



"(d) the designation of the authority), churches and religious societies, acting in its

on behalf of with the public authorities and by third parties on the territory of the United

the Republic as a statutory body, the way his acting and its alignment

and revoke, the length of the term of Office of its members, or the designation

other bodies of churches and religious societies and authorities Warsaw, Poland

institutions that are authorized to submit proposals under this Act,

the scope of this privilege and how the negotiations on behalf of the churches and religious

the company ".



12. in section 10, paragraph 1. 3 (f)):



"(f)), the organisational structure of churches and religious societies, including enumeration

all types of legal entities that will be suggested to register in

accordance with this law according to § 15a paragraph 1. 1, the method of their creation and

interference, including any successor in their demise,

the identification of their governing bodies, the way the shaft and

revoking, the length of the term of Office, members of statutory bodies, '.



13. in section 10, paragraph 1. 3 (b). g) after the word "spiritual", the words "and

the list in the Church and religious society used the designation

spiritual ".



14. in section 10, paragraph 1. 3 letter h) is added:



"h) approval of changes to the basic document and those documents

churches and religious communities and their amendments, which are provided to the

the basic document, or from which they are placed into the basic data

the document ".



15. in section 10, paragraph 1. 3 (b). (j)), after the words "property", the words "and

information pursuant to § 27 para. 5. "



16. in section 10, paragraph 1. 4, the words "its institutions" shall be replaced by the word "authority".



17. in paragraph 11 (1) 2, § 13 para. 2 (a). (b)) § 14 para. 6 (a). (b)), the

the word "company", the words "in accordance with § 10 paragraph 1. 3 (b). (d)) ".



18. In paragraph 11 (1) 4 (b). a) after the word "is" is inserted after "at least".



19. in § 12 para. 1 (b). (b)) for the word "company" is added

"on the territory of the Czech Republic."



20. In § 13 para. 3, the word "broken" is replaced with "stop".



21. in article 14, the following paragraph 7 is added:



"(7) the Ministry is obliged to issue a decision in accordance with paragraph 2 or 3

or decide to discontinue the proceedings according to § 13 para. 3 within the time limit

laid down the General rules of administrative procedure. If, due to the

the nature of things to decide within this time limit, it may be reasonable to extend the

the Minister. The Ministry is obliged to notify the stating the reasons for

extension of the period of an agent of the Preparatory Committee in the case of

the registration of churches and religious societies, or an agent of the preparatory

Committee of the Union in the case of proceedings for the registration of the Union of churches and religious

company or institution registered churches and religious societies

According to § 10 para. 3 (b). (d)) in the case of granting permission to

the exercise of special rights. ".



22. in article 15, paragraph 2. 2, after the word "on" is inserted after "registration".



23. in article 15, paragraph 2. 3, article 15, paragraph 2. 4 first sentence, section 15 para. 5 the second sentence, the

After the word "of", the words "in accordance with § 10 paragraph 1. 3 (b). (d)) ".



24. The heading of title IV: "registered LEGAL PERSONS".



25. in article 15, the following new section 15a, which including the footnotes No.

14A and 14b:



"§ 15a



Common provisions on the registered legal entities



(1) the authority of a registered churches and religious societies according to § 10 para.

3 (b). d) may propose to register under this Act



and) Authority registered Church and religious community, religious and other

religious ^ 14a) people to the Church and to espousing religious

the company is based in order to profess their religious faith,



b) facility registered churches and religious societies

the Church and the religious-based companies for the provision of

charitable services (hereinafter referred to as the "facility").



Register under this Act is a legal person under letters a) and b)

become legal persons under this Act.



(2) other legal persons registered churches and religious

companies that are not registered under this Act, may become

legal entity registration or notation under special laws

regulations ^ 14b).



(3) proposals for registration of changes under this Act given the authority

registered churches and religious societies, which suggested a legal

a person based in the Church and religious communities to register as

of this Act. Proposal to register changes is that authority shall be obliged to submit

not later than 10 days from the date on which the change occurred. The Ministry of

procedure referred to in article 15, paragraph 2. 5 apply mutatis mutandis.



(4) business and other gainful activities of the legal entities registered

referred to in paragraph 1 in addition to the charitable activities of the charitable, social

or health may be only their complementary activities.



14A) Article. Article 16(1). 2 of the Charter of fundamental rights and freedoms.



14B) for example, the civil code, the commercial code, Act No. 227/1997

Coll., on foundations and Foundation funds, as amended,

Act No. 247/1995 Coll., on generally beneficial companies, as

amended. ".



26. the title of article 16 reads: "register of legal entities incorporated

registered churches and religious societies according to § 15a paragraph 1. 1

(a). and) ".



27. in § 16 para. 1, the words ' the institution of registered churches and religious

the company or the religious and other church institutions such as the Church "and

the words "designed in the basic document, the present" shall be deleted,

the word "person" shall be inserted after the words "pursuant to § 15a paragraph 1. 1 (b). and) "and for the

the number "3", the following text "(c). (d)) ".



28. in § 16 para. 2 of the introductory part of the provisions, the words "paragraph 1"

shall be replaced by the text ", § 15a paragraph 1. 1 (b). and) ".



29. in § 16 para. 2 (a). (b)), the words "the definition of the subject of her" are replaced by

the words "subject matter of general interest, business and other professional".



30. In article 16(1). 2 at the end of subparagraph (f)) is replaced by a comma and dot

the following point (g)), which read as follows:



"g) way of meeting of the Board of the legal person is registered.".




31. in section 16(1). 3 the words "registered Church and religious

the company "shall be replaced by the words" authority of registered churches and religious

the company pursuant to § 10 para. 3 (b). (d)) ", the word" Church "shall be deleted,

in the first sentence, after the words "person" the words "in accordance with § 15a paragraph 1. 1

(a). and) "and the word" Church "is replaced by the word" registered ".



32. In article 16(1). 4, the words "registered Church and religious

the company "shall be replaced by the words" authority of registered churches and religious

the company pursuant to § 10 para. 3 (b). (d)) ".



33. In article 16(1). 5, the words ", true to its filing" be replaced by

the words ", in accordance with § 10 paragraph 1. 3 (b). (d)) ".



34. In article 16, the following paragraph 6 is added:



"(6) If a legal person registered under this Act,

the Ministry proposal to reject registration. ".



35. in article 16, the following paragraph 16a is inserted:



"§ 16a



Registration of legal entities incorporated registered churches and religious

companies according to § 15a paragraph 1. 1 (b). (b))



(1) the special purpose equipment registered churches and religious societies for

the provision of social services or health care or acting as

charity or diaconate, which is suggested to register under this

law, establishing Charter registered churches and religious

the company, signed by the Member or members of the authority of a registered Church and

religious society, acting on behalf of the governing body of the Church

and religious society under section 10, paragraph 1. 3 (b). d). Signatures must be

officially validated.



(2) the facility provides public services of general interest for

predetermined and the same conditions for all users.



(3) the articles of incorporation must contain the special-purpose equipment



and) name, registered office and number of the founder,



(b) the name and address of the special) equipment on the territory of the Czech Republic,



(c)) the period for which the facility is based, if it is not based on

indefinite duration,



(d)) designation of his statutory authority in the territory of the Czech Republic,



(e) the personal information of members) of the Board,



(f)) of its statutes,



(g)) the way the publication of the annual report on the activities and management

the special-purpose equipment for the calendar year,



h) approval of changes to the Foundation of the Charter.



(4) the statutes of the special equipment referred to in paragraph 3 (b). f) must contain



and the information referred to in paragraph 3) (a). (b)), and (d)),



(b) alignment method and revocation) of the members of the statutory body and the length of the

their term of Office is limited,



(c)) the way it is and makes the statutory body acts on behalf of the

the special-purpose equipment



(d)) the type of services of general interest, which has the special purpose equipment

provide, the conditions of their granting and the subject of business and other

complementary activities, if they are operated.



(5) the annual report must contain the special-purpose equipment



and an overview of the activities carried out in) during the preceding calendar

of the year, indicating the relationship to the purpose of the establishment of the special-purpose equipment



(b)) the financial statements and the evaluation of basic data contained therein,



(c)) the opinion of the Auditor on the accounts for the purpose of the device, to the

whose property was inserted into the State or municipality, or that use

the property of the State or the municipality or are recipients of grants from public budgets,



(d)) the cash income and expenditure,



(e) an overview of the range of income) (revenue) broken down by resources,



(f) the development and final State) funds of the special equipment,



g) status, and the movement assets, the special-purpose equipment



(h)) full volume of expenditure (costs) in the breakdown on expenditure (costs)

incurred for the performance of services of general interest, for the performance of activities

additional and on its own activities (management) special-purpose devices,



I) amendments to the Charter and the composition of the Board of the Special

devices that have occurred during the previous calendar year,



(j) additional information provided for by the statutes).



(6) the application for registration of the special-purpose equipment must contain the Foundation

Charter pursuant to section 16a para. 3.



(7) if the proposal does not contain the record of the special-purpose devices, all

requirements referred to in paragraphs 1, 3 and 4, the Department shall proceed in accordance with § 16

paragraph. 5.



(8) the Ministry performs registration of special-purpose devices by writing to

The register of registered legal persons after submission of an application pursuant to

paragraphs 1 and 6 not later than 30 days from the date on which all the

the requirements for this registration.



(9) If a legal person registered under this Act,

the Ministry proposal for the registration of the special-purpose equipment. ".



36. In the title of title V, the word "CHURCH" is replaced by

"REGISTERED".



37. In the heading of section 17, the word "Church" is replaced by

"registered".



38. In section 17(2). 1, the word "Church" is replaced by

"registered", after the word "written" shall be inserted after the words "of a legal person

registered or registered under this Act and the following ".



39. In § 17 paragraph 2. 6, the word "Church" is replaced by the word "registered".



40. In paragraph 17, the following paragraph 7 and 8, including footnote

No. 15a is inserted:



"(7) the Ministry shall publish part of the registers referred to in paragraph 1 which are

public list, in a manner allowing remote access.



(8) the registration of the subject of the activities in the registers referred to in paragraph 1 does not replace

the permissions to execute. This permission only on the basis of the fulfilment of the

conditions under special legislation ^ 15a).



15A), for example, Trade Act, Act No. 160/1992 Coll., on health

care in non-State health establishments, as amended

legislation, Act No. 561/2004 Coll. on pre-school, primary, secondary,

higher vocational and other education (the Education Act) ".".



41. In section 18 para. 1, the following point (d)), which read as follows:



"(d)) the subject matter of general interest, entrepreneurial and other economic activity,

when operated, ".



Subparagraph (d)) to (g)) are known as the letters e) to (h)).



42. In section 18 para. 1 at the end of the letter h) dot is replaced by a comma and

the following letter i), which read as follows:



"i) negotiation authority, registered churches and religious societies,

According to § 10 para. 3 (b). d).".



43. In the provisions of § 18 para. 2, the word "amendments" is replaced by

"changes".



44. In § 19 para. 1, the following point (e)), which read as follows:



"e) the object of the Union of churches and religious organisations,".



Subparagraph e) to (g)) are known as the letters f) to (h)).



45. In section 19 para. 1 at the end of the letter h) dot is replaced by a comma and

the following letter i), which read as follows:



"i) way of meeting of the Board of the Union of churches and religious

companies. ".



46. In article 19 para. 2, the word "amendments" is replaced by

"changes".



47. section 20 including the title reads as follows:



"section 20



A register of registered legal entities



(1) in the register of legal persons registered under this Act shall

the following information shall be entered and their changes of the registered legal person



and with date) name and registration number,



(b)) the seat in the territory of the Czech Republic,



(c)) the designation of its statutory authority in the territory of the Czech Republic,



(d)) the personal data of members of its statutory authority,



e) identification number,



f) subject of general interest, entrepreneurial and other economic activity,

when operated,



g) abolition of their registration, access to disposal and personal information

the liquidator, bankruptcy, and personal data of the receiver

the essence, rejection of the application for bankruptcy for lack of

assets and initiating procedures for the settlement of indicating the date and number of the decision

on these facts, the



h) identifying information about its legal successors, if its

the cancellation of the legal successor,



I) demise as legal entities registered under this Act,



j) mode of action of the Board.



(2) the part of the register of legal persons registered under this Act

is a collection of documents that contains the documents to accompany the application for the registration of

legal persons and on proposals for a register modifications. ".



48. In the heading of title VI, the word "Church" is replaced by

"Registered".



49. In paragraph 22 of the paragraph. 1 (b). (d)), the word "not" is replaced with "not",

the word "bodies" are replaced by the words "designated authority" and after the word

"company" shall be inserted after the words "in accordance with § 10 paragraph 1. 3 (b). (d)) ".



50. in paragraph 23, the word "When" the words "proposal for an audition or during

the proposal to "and the word" Church "is replaced by the word" registered ". In the text

footnote # 16 at the new line of the following text: "the law No.

328/1991 Coll., on bankruptcy and settlement, as amended by Act No. 122/1993 Coll.

Act No. 42/1994 Coll., Act No. 74/1994 Coll., Act No. 114/1994 Coll.,

Act No. 154/1994 Coll., Act No. 224/1994 Coll., Act No. 84/1995 Coll.

Act No. 93/1996 Coll., Act No. 151/1997 Coll., Act No. 12/1998 Coll.,

Law No 27/2000 Coll., Act No. 30/2000 Coll., Act No. 105/2000 Coll.

Act No. 214/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll.,

Act No 120/2001 Coll., Act No. 126/2002 Coll., Act No. 403/2002 Coll.

Act No. 101/2003 Coll., Act No. 210/2003 Coll., Act No. 256/2004 Coll.

and Act No. 499/2004 Coll. ".



51. In § 24 para. 2, the word "Church" is deleted.



52. In § 24 para. 3, the word "Church" is deleted.



53. In § 25 para. 1 is the text "f)" is replaced by the text "(g))."




54. section 26 including the title reads as follows:



"section 26



Cancellation of registration of the registered legal person and its demise



(1) the Ministry shall revoke the registration of the registered legal person pursuant to § 15a

paragraph. 1



and on a proposal from the authority) registered churches and religious societies, which

It suggested to register, within 5 working days of receipt of this

the design,



(b)) on its own initiative, if it finds that this legal person acting in

contrary to the definition of its competence in the design of the registration in accordance with section 16 of the

paragraph. 2 or § 16a para. 3 and 4, or in conflict with the law, and

If a remedy fails to do so, the competent authority of a registered Church and

religious society, which it suggested to register when prompted

the Ministry, on the date of acquisition of the decision on the cancellation of registration,



(c)) on its own initiative, the termination of the registration of churches and religious

the company, whose authority the legal person suggested to register to

the date of acquisition of the decision about the cancellation of the registration of the Church and

religious society according to § 24 para. 3,



(d)) after the abolition of bankruptcy after the fulfillment order or after the cancellation

bankruptcy on the grounds that its assets are not sufficient to cover the costs

bankruptcy, or after the rejection of the application for a declaration of bankruptcy for

lack of assets, at the date of acquisition of the final order of the Court,



e) on its own initiative, where one exists were not members of the Board

and all current members of the Board ended the term of

over a year ago, at the date of acquisition of the decision on the abolition of

evidence,



(f)) after the expiry of the period for which it was founded, on the date of expiry of this

time,



(g)) the date referred to in the decision to cancel the legal person pursuant to § 15a

paragraph. 1 (b). (b)) according to the Charter of the special equipment, or



(h) if the facility does not provide) services of general interest

referred to in the Charter for a period longer than one year at the date of acquisition

the decision on the cancellation of registration.



(2) the register of legal persons according to § 15a paragraph 1. 1 shall expire from

The register of registered legal entities.



(3) dissolution of a legal person registered in accordance with paragraph 2 is preceded by its

liquidation, or dissolved without liquidation if its

the assets and liabilities of the registered Church and religious society, or

her other legal person registered under this Act.



(4) it is not sufficient to dispose of the assets of a legal person registered

payment obligations, shall be liable for the obligations of a registered Church and religious

the company, whose authority it suggested to register. The remaining assets of the

disposal of the registered legal person shall pass to the registered Church and

religious society, whose authority it suggested to register.



(5) shall expire if the registered legal person pursuant to § 15a paragraph 1. 1 with

liquidation, is the date of the deletion of such a registration are identical to the date of termination

its final destruction.



(6) within 5 working days of the completion of the liquidation, it shall notify the

the liquidator of the Ministry.



(7) is void if the registered legal person without liquidation and if it is not

filed for bankruptcy, its cancellation date is the same as the date of

removal from the register of registered legal entities. ".



55. In section 27 para. 10, the word "Church" is replaced by

"registered".



56. In paragraph 29, the word "Church" is replaced by the word "registered", and for the

the word "law" with the words "and the proposals on the registration of legal persons

and registration of changes ".



Article II



Transitional provisions



1. the present Terms of the ecclesiastical legal persons shall, at the date of acquisition

the effectiveness of this law amended on the register of registered legal entities

According to law No. 3/2002 Coll., as amended by the Constitutional Court declared

under no 4/2003 Coll. and Act No. 561/2004 Coll., as amended by this Act.



2. Ecclesiastical legal persons registered in the register of religious

legal persons are becoming to the effective date of this Act,

registered legal persons according to law No. 3/2002 Coll., as amended by

Constitutional Court declared under # 4/2003 Coll. and Act No.

562/2004 Coll., as amended by this Act. The date of its registration pursuant to

the existing legislation is preserved.



3. the authority of a registered Church and religious society under section 10, paragraph 1.

3 (b). d) of Act No. 3/2002 Coll., as amended by this Act, is required to

in a period of 1 year from the date of entry into force of this Act, data

about the registered legal persons according to law No. 3/2002 Coll., as amended by

Constitutional Court declared under # 4/2003 Coll., as amended by this

the Act, with the exception of the data according to § 16 para. 2 (a). a) of Act No. 3/2002

Coll., as amended by this Act, if they are not already added this information.

If the data within this period, the Ministry will invite the authority added

registered churches and religious societies according to § 10 para. 3 (b).

d) of Act No. 3/2002 Coll., as amended by this Act, to supply in

a period of at least 30 days from the date of receipt of the request. The time limit may be

at the written request of the authority of a registered churches and religious

the company pursuant to § 10 para. 3 (b). d) of Act No. 3/2002 Coll., as amended by

This Act extended. Does a registered Church and

religious society or within this time limit, the Ministry may by

the nature of the nedoplněných data to initiate proceedings on the cancellation of registration of registered

of the legal entity.



4. the authority of a registered Church and religious society under section 10, paragraph 1.

3 (b). d) of Act No. 3/2002 Coll., as amended by this Act, is required to

in a period of 1 year from the date of entry into force of this Act, data

According to § 10 para. 3 (b). d) to (h)) of Act No. 3/2002 Coll., as amended by this

the law. If the data within this period, the Ministry will invite the

authority of registered churches and religious societies according to § 10 para. 3

(a). d) of Act No. 3/2002 Coll., as amended by this Act, to their

replenishment within a period of at least 30 days from the date of receipt of the request. This time limit

may be based on the written request of the authority of a registered Church and

religious society under section 10, paragraph 1. 3 (b). d) of Act No. 3/2002

Coll., as amended by this Act, extended. If no registered

Church and religious society nor this information within this period,

the Ministry may according to the nature of the data to initiate proceedings for nedoplněných

cancellation of the registration of the registered churches and religious societies.



5. the authority of a registered Church and religious society under section 10, paragraph 1.

3 (b). d) of Act No. 3/2002 Coll., as amended by this Act, shall be

one year from the date of entry into force of this Act and the statutes of the Foundation

documents of registered legal entities, which suggested to register in

accordance with the law No. 3/2002 Coll., as amended by the Constitutional Court

declared under the No 4/2003 Coll., as amended by this Act.



Article. (III)



The publication of the full text of the Act



The Prime Minister shall be empowered, in the collection of laws promulgated the full text

Act No. 3/2002 Coll., on freedom of religion and the status of

churches and religious societies and on amendments to certain acts (the Act on

churches and religious societies), as derived from the laws and from the

Constitutional Court of changing it.



PART TWO



Changing the law on volunteer service



Article IV



In section 6 (1). 2 Act No. 198/2002 Coll., on volunteer service and amending

Some laws (law on volunteer service), the word "Church"

be deleted and the words "religious society" are the words

"registered under the law governing the status of churches and religious

by ^ 4). "



Footnote 4:



"4) Act No. 3/2002 Coll., on freedom of religion and the status of

churches and religious societies and on amendments to certain acts (the Act on

churches and religious societies), as amended by the Constitutional Court

declared under the No 4/2003 Coll., Act No. 561/2004 Coll. and Act No.

495/2005 Coll. ".



PART THREE



Amendment to the Employment Act



Article. In



In § 81 para. 2 (a). b) of Act No. 435/2004 Coll., on employment,

the word "Church" be deleted and the words "legal person" shall be inserted after

the words "registered under the law governing the status of churches and

religious společností48) ".



PART FOUR



Amendment of the Act on accounting



Čl.VI



In § 9 para. 3 (b). a) of Act No. 563/1991 Coll., on accounting, as amended by

Act No. 114/1994 Coll., Act No. 227/1997 Coll., Act No. 353/2001 Sb.

and Act No 437/2003, the words "religious legal person"

replaced by the words "legal person registered under the law governing

status of churches and religious societies ^ 9) ".



Footnote 9 is added:



"9) Act No. 3/2002 Coll., on freedom of religion and the status of

churches and religious societies and on amendments to certain acts (the Act on

churches and religious societies), as amended by the Constitutional Court

declared under the No 4/2003 Coll., Act No. 561/2004 Coll. and Act No.

495/2005 Coll. ".



PART FIVE



The EFFECTIVENESS of the



Article. (VII)



This Act shall take effect on the date of its publication.



Fort Worth Star Telegram in r.



Klaus r.



Paroubek in r.



X.



Evaluation of the application for annulment of the Act No. 495/2005 Sb.



54. In favour of the abolition of the entire Bill No 495/2005 Coll. the appellants


apply (above) the argument of "absence of regulatory competency"

Parliament of the Czech Republic.



55. the claimant referenced findings, SP. zn. PL. ÚS 5/02 (revocation

the resolution of the Chamber of deputies of the Parliament of the United Kingdom) and PL. ÚS 13/05

(the interpretation of the term "election law" within the meaning of article 40 of the Constitution) The Constitutional Court

violation of the constitutionally prescribed way to remonstrate with the adoption of the legal act, and

and, therefore, are not applicable to the matter.



56. The argument "a reduction of the current standard of rights and freedoms," responded

The Constitutional Court has already in finding SP. zn. PL. ÚS 6/02 and noted that

"the reason for the cancellation of the law cannot be only its comparison with

previous legislation..., but only the findings conflict with the constitutional

policy in the United States. " About "the absence of regulatory competency" therefore here

go cannot.



57. The alleged "lack of regulatory competency" cannot finally be confused

even with the alleged "reopen" the Parliament of the Czech Republic "out of binding

opinions of the Constitutional Court ", and that even if it was given, as well as with the

"unjustified restrictions of the achieved standard of protection of human rights" (or

protiústavností "content" accepted editing).



58. Nor is it fitted a voucher on the marked the appellants ' judgments

The European Court of human rights (in the referenced matters were

namítaný intervention into the article. 3 of the Convention on human rights and fundamental

freedoms, banning the use of torture and inhuman or degrading treatment). It is not

or any of the substrate for a judgment that would be "greater rigor in evaluating

interference with the fundamental values of democratic societies "(judgment of

28 June 1999. 7. in the case in the Selmouni, 1999. France, complaint No. 25803/94,

paragraph. 101, judgment of 27 November. 11.2003 in case Hénaf v. France,

complaint # 65436/01, para. 55) could establish "absence of regulatory

competence ".



59. therefore, the Constitutional Court, its constant case-law (see

its resolution of 15 November 2005. 8.2.000, SP. zn. PL. ÚS 24/2000, the discovery of 12 December

3.2002, SP. zn. PL. ÚS 33/01, and others), that "the law does not have a provision amending

a separate legal existence and becomes part of the amended law "

(and therefore no longer meet the design on its cancellation cannot be), come here to

an identical conclusion and proposal of the appellants in this part of the rejected (§ 70 para. 2

the law on the Constitutional Court).



XI.



The diction of the provisions of the contested "possible" proposal



60. the provisions of which the appellants are challenging the "possible" proposal:



section 1 (b). (b))



This Act regulates ... keeping publicly accessible lists

registered churches and religious societies, associations of churches and

religious organisations and legal entities



based registered churches and religious societies and registered

under this Act (hereinafter referred to as "registered legal person"),



§ 3 (b). (c))



For the purposes of this Act, means the ... personal data name,



where applicable, names

first and last name,



address of the place of permanent residence in the Czech Republic

; in the case of citizens of the United States on their social security numbers, or in the

the case of aliens, an indication of their nationality and number of the card on the

residence permit, 2) unless otherwise provided in an international treaty binding on the Czech

Republic, otherwise,



§ 3 (b). (d))



For the purposes of this Act, means the ... based registered churches and

religious society, the Union of churches and religious societies, and

registered legal entities registered churches and headquarters address

religious society, the Union of churches and religious societies, and



registered

legal entities on the territory of the Czech Republic.



section 4, paragraph 4. 4



Church and religious society may not use a name that could

by name to make fungible with the registered churches and religious

companies



or other legal person

.



§ 5



Produce and develop the activities of Church and religious society cannot, whose

the activity is in conflict with the law and whose teachings or activities

threatens the rights, freedoms and equality



people

and their associations, including other churches and religious societies,

threatens the democratic foundations of the State, its sovereignty, independence and

the territorial integrity, and ...



section 5 (b). and)



It is inconsistent with the protection of public morality, public policy, public

health, principles of humanity and the tolerability and safety of



people

,



§ 8 para. 3



The Union of churches and religious societies cannot propose to register

legal person



According to § 15a paragraph 1. 1 (b). and)

.



§ 10 para. 2 (a). (c))



The proposal for the registration of churches and religious societies shall contain (c))

original signatures



at least

300 adult citizens of the United States or aliens with permanent residence in the

The Czech Republic submitted to the Church and religious society, with

their personal data pursuant to this Act and the

the same text on each signing a sheet that lists the full name of the

churches and religious societies, gathering signatures for the purpose of its

registration, and from which it is apparent that the sign-up sheet is signed only

a person belonging to this church and religious society.



§ 10 para. 3



The basic document of Church and religious society



submitted in accordance with paragraph 2 (a). (d))

must contain ...



§ 10 para. 3 (b). (c))



the seat of the churches and religious societies on the



the territory of the Czech Republic

,



§ 10 para. 3 (b). (d))



designation of the authority of the Church and religious society, acting in its

on behalf of with the public authorities and by third parties on the territory of the United

the Republic as a statutory body, the way his acting and its alignment

and revoke, the length of the term of Office of its members, or the designation

other bodies of churches and religious societies and authorities Warsaw, Poland

institutions that are authorized to submit proposals under this Act,

the scope of this privilege and how the negotiations on behalf of the churches and religious

the company,



§ 10 para. 3 (b). (f))



the organizational structure of the churches and religious societies, including enumeration

all types of legal entities that will be suggested to register in

accordance with this law according to § 15a paragraph 1. 1, the method of their creation and

interference, including any successor in their demise,

the identification of their governing bodies, the way the shaft and

revoking, the length of the term of Office, members of statutory bodies,



§ 10 para. 3 (b). (g))



the method of alignment and withdrawal of the spiritual and



the list in the Church and religious society used the designation

spiritual

,



§ 10 para. 3 (b). (h))



approval of changes to the basic document and the documents of the Church and

the religious community and their amendments, which are provided to the

the basic document, or from which they are placed into the basic data

the document,



§ 10 para. 3 (b). (j))



policy management of churches and religious societies, especially the way

raising funds, including the scope of the permissions of the persons, bodies

and other institutions of the Church or religious society to dealing with

the property and



information pursuant to § 27 para. 5

,



§ 10 para. 4



On behalf of the churches and religious societies is to produce



authority

in accordance with paragraph 3 (b). (d)) of the Preparatory Committee.



§ 11 (1) 2



A proposal for the granting of permission to exercise special rights given the authority

registered churches and religious societies



According to § 10 para. 3 (b). (d))

.



§ 11 (1) 4 (b). and)



A proposal for the granting of permission to exercise specific rights pursuant to § 7 para. 1

(a). a) to (e)) shall include ... the original signatures of so many adult

the citizens of the United States or aliens with permanent residence in the Czech Republic

reporting to this church and religious society, the



at least

1 part per thousand of the population of the United States, according to the last census, with

their personal data pursuant to this Act and the

the same text on each signing a sheet that lists the full name of the

Church and religious society, which collects signatures for the purpose of its

registration, and from which it is apparent that the sign-up sheet is signed only

a person belonging to this church and religious society.



§ 12 para. 1 (b). (b))



The proposal for the registration of the Union of churches and religious communities must

... headquarters of the Union of churches and religious societies in the



the territory of the Czech Republic

.



§ 13 para. 2 (a). (b))



Invitation under paragraph 1 shall be delivered in the case of proceedings for the granting of

permission to exercise specific rights of the authority of a registered Church and

religious societies



According to § 10 para. 3 (b). (d))

.



§ 13 para. 3



If the applicant fails to complete information within the prescribed period, the Department of management



stops

.






§ 14 para. 6 (a). (b))



Decisions granting permission to exercise special rights shall be served on

authority of registered churches and religious societies



According to § 10 para. 3 (b). (d))

.



§ 14 para. 7



The Ministry is obliged to issue a decision in accordance with paragraph 2 or 3, or

decide on the termination of the proceeding pursuant to § 13 para. 3 within the period specified

the General rules of administrative procedure. If, due to the nature of the case

decide within this time limit, it may be reasonable to extend the Minister.

The Ministry is obliged to inform the stating the reasons for extending the time period

an agent of the Preparatory Committee in the case of proceedings for the registration of the Church and

religious society or an agent of the Preparatory Committee of the Union in the

the case of the registration of the Union of churches and religious societies

or authority of registered churches and religious societies in accordance with § 10

paragraph. 3 (b). (d)) in the case of granting permission for the performance of

special rights.



§ 15 para. 2



The proposal for the



registration

changes of the churches and religious societies and the changes

the memorandum of the statutes of the Union of churches and religious societies

must contain the full text of those parts of the text to which they relate.



§ 15 para. 3



Registration is not subject to changes in the composition of the body registered the Church and

religious societies



According to § 10 para. 3 (b). (d))

statutory bodies, associations of churches and religious societies, or changes

personal data of members of the authority and the statutory bodies. These changes

the Department of records referred to in paragraph 5.



§ 15 para. 4



The changes referred to in paragraph 3 is the registered churches and religious

company



According to § 10 para. 3 (b). (d))

and statutory authority of the Union of churches and religious societies, including

documents for the establishment of such persons to the competent authority under

the internal rules of the Church or religious society and the statutes of the Association

churches and religious societies, obliged to notify the Ministry of

not later than 10 days from the date on which the change occurred.



§ 15 para. 5



The Ministry performs registration of amendment referred to in paragraph 3 to 5 working days

from the date of receipt of the complete request for changes to the data in the register

registered churches and religious societies or index Union

churches and religious societies. In the event that the request for execution

the changes referred to in paragraph 3 is incomplete, it shall invite the Ministry within 5 working days

in writing to the authority of the Church, religious society



According to § 10 para. 3 (b). (d))

or statutory authority of the unions of churches and religious societies

completion of data within 10 days of receipt of the invitation.



The Heading Of Title IV



REGISTERED A JURIDICAL PERSON



section 15a



Common provisions on the registered legal entities



(1) the authority of a registered churches and religious societies according to § 10 para.

3 (b). d) may propose to register under this Act



and) Authority registered Church and religious community, religious and other

religious 14a) people to the Church and to espousing religious

the company is based in order to profess their religious faith,



b) facility registered churches and religious societies

the Church and the religious-based companies for the provision of

charitable services (hereinafter referred to as the "facility").



Register under this Act is a legal person under letters a) and b)

become legal persons under this Act.



(2) other legal persons registered churches and religious

companies that are not registered under this Act, may become

legal entity registration or notation under special laws

the laws of the 14b).



(3) proposals for registration of changes under this Act given the authority

registered churches and religious societies, which suggested a legal

a person based in the Church and religious communities to register as

of this Act. Proposal to register changes is that authority shall be obliged to submit

not later than 10 days from the date on which the change occurred. The Ministry of

procedure referred to in article 15, paragraph 2. 5 apply mutatis mutandis.



(4) business and other gainful activities of the legal entities registered

referred to in paragraph 1 in addition to the charitable activities of the charitable, social

or health may be only their complementary activities.



Footnote 14a)



Article. Article 16(1). 2 of the Charter of fundamental rights and freedoms.



Footnote 14)



For example, the civil code, the commercial code, Act No. 227/1997 Coll.

on foundations and Foundation funds, as amended, law No.

248/1995 Coll., on generally beneficial companies, as amended

regulations.



The title of section 16 of the



Registration of legal entities incorporated registered churches and religious

companies according to § 15a paragraph 1. 1 (b). and)



§ 16 para. 1



The proposal for the registration of legal persons



According to § 15a paragraph 1. 1 (b). and)

given the authority of a registered Church and religious society under section 10

paragraph. 3



(a). (d))

.



§ 16 para. 2



The proposal for the registration of legal persons



According to § 15a paragraph 1. 1 (b). and)

must contain ...



§ 16 para. 2 (a). (b))



the subject matter of general interest, business or other gainful activity

and its articles of Association, if any,



§ 16 para. 2 (a). (g))



mode of action of the Board of the legal person is registered,



§ 16 para. 3



The proposal referred to in paragraph 1 shall



authority of registered churches and religious societies according to § 10 para. 3

(a). (d))

within 10 days from the date of the establishment of the legal person



According to § 15a paragraph 1. 1 (b). and)

. The Ministry performs registration of a legal entity of the Church by writing to

Register



registered

legal entities within 5 working days of receipt of the proposal. Registration

registration shall be carried out on the date of its formation in the registered Church and

religious society.



§ 16 para. 4



Non-compliance with



authority of registered churches and religious societies according to § 10 para. 3

(a). (d))

the time limit referred to in paragraph 3, evidence shall be made on the date of registration

service of the document referred to in paragraph 1 to the Ministry.



§ 16 para. 5



If a proposal under paragraph 1, the requirements referred to in paragraph

2, the Ministry will invite not later than 10 working days from the date of delivery of the

the design authority of registered churches and religious societies,



According to § 10 para. 3 (b). (d))

to supplement, where necessary, removed the defects within a period of 30

days, and warns him that if this time limit is not complied with, the proposal

stops.



§ 16 para. 6



Unless it is a legal entity registered under this Act,

the Ministry proposal on registration will be rejected.



section 16a



Registration of legal entities incorporated registered churches and religious

companies according to § 15a paragraph 1. 1 (b). (b))



(1) the special purpose equipment registered churches and religious societies for

the provision of social services or health care or acting as

charity or diaconate, which is suggested to register under this

law, establishing Charter registered churches and religious

the company, signed by the Member or members of the authority of a registered Church and

religious society, acting on behalf of the governing body of the Church

and religious society under section 10, paragraph 1. 3 (b). d). Signatures must be

officially validated.



(2) the facility provides public services of general interest for

predetermined and the same conditions for all users.



(3) the articles of incorporation must contain the special-purpose equipment



and) name, registered office and number of the founder,



(b) the name and address of the special) equipment on the territory of the Czech Republic,



(c)) the period for which the facility is based, if it is not based on

indefinite duration,



(d)) designation of his statutory authority in the territory of the Czech Republic,



(e) the personal information of members) of the Board,



(f)) of its statutes,



(g)) the way the publication of the annual report on the activities and management

the special-purpose equipment for the calendar year,



h) approval of changes to the Foundation of the Charter.



(4) the statutes of the special equipment referred to in paragraph 3 (b). f) must contain



and the information referred to in paragraph 3) (a). (b)), and (d)),



(b) alignment method and revocation) of the members of the statutory body and the length of the

their term of Office is limited,



(c)) the way it is and makes the statutory body acts on behalf of the

the special-purpose equipment



(d)) the type of services of general interest, which has the special purpose equipment

provide, the conditions of their granting and the subject of business and other

complementary activities, if they are operated.



(5) the annual report must contain the special-purpose equipment



and an overview of the activities carried out in) during the preceding calendar


of the year, indicating the relationship to the purpose of the establishment of the special-purpose equipment



(b)) the financial statements and the evaluation of basic data contained therein,



(c)) the opinion of the Auditor on the accounts for the purpose of the device, to the

whose property was inserted into the State or municipality, or that use

the property of the State or the municipality or are recipients of grants from public budgets,



(d)) the cash income and expenditure,



(e) an overview of the range of income) (revenue) broken down by resources,



(f) the development and final State) funds of the special equipment,



g) status, and the movement assets, the special-purpose equipment



(h)) full volume of expenditure (costs) in the breakdown on expenditure (costs)

incurred for the performance of services of general interest, for the performance of activities

additional and on its own activities (management) special-purpose devices,



I) amendments to the Charter and the composition of the Board of the Special

devices that have occurred during the previous calendar year,



(j) additional information provided for by the statutes).



(6) the application for registration of the special-purpose equipment must contain the Foundation

Charter pursuant to section 16a para. 3.



(7) if the proposal does not contain the record of the special-purpose devices, all

requirements referred to in paragraphs 1, 3 and 4, the Department shall proceed in accordance with § 16

paragraph. 5.



(8) the Ministry performs registration of special-purpose devices by writing to

The register of registered legal persons after submission of an application pursuant to

paragraphs 1 and 6 not later than 30 days from the date on which all the

the requirements for this registration.



(9) If a legal person registered under this Act,

the Ministry proposal for the registration of the special-purpose equipment will be rejected.



The Heading Of Title In



REGISTERS OF REGISTERED CHURCHES AND RELIGIOUS SOCIETIES,

UNIONS OF CHURCHES AND RELIGIOUS COMMUNITIES AND

REGISTERED



LEGAL PERSONS



The title of section 17



Common provisions concerning registers of registered churches and religious

companies, unions, churches and religious societies, and



registered

legal persons



§ 17 para. 1



The Ministry keeps a register of registered churches and religious

companies register of unions, churches and religious societies, and

Index



registered

legal persons, in which shall be entered



legal persons registered or registered under this Act and the

the law provided for the data and which includes the collection of documents

submitted by churches and religious societies and associations of churches and

religious organisations pursuant to this Act.



§ 17 para. 6



The identification number allocated by the Ministry of 15) registered the Church and

religious society, the Union of churches and religious societies, and



registered

legal persons when you write such legal persons in the registers referred to in

of paragraph 1.



§ 17 para. 7



The Ministry will publish part of the registers referred to in paragraph 1 which are

public list, in a manner allowing remote access.



§ 17 para. 8



Write the subject of the activities in the registers referred to in paragraph 1 does not replace

the permissions to execute. This permission only on the basis of the fulfilment of the

conditions under special legislation 15a).



The footnote text 15a)



For example, the Trade Act, Act No. 160/1992 Coll., on health care

in non-State health establishments, as amended,

Act No. 561/2004 Coll. on pre-school, primary, secondary, higher

vocational and other education (the Education Act).



§ 18 para. 1 (b). (d))



the subject matter of general interest, entrepreneurial and other economic activity,

when operated,



§ 18 para. 1 (b). I)



mode of action of the institution of registered churches and religious societies,

According to § 10 para. 3 (b). (d)),



§ 19 para. 1 (b). (e))



(In the register of associations of churches and religious communities shall be entered in the

data and modifications...)



the subject of activity of the Union of churches and religious societies

,



§ 19 para. 1 (b). I)



(In the register of associations of churches and religious communities shall be entered in the

data and modifications...)



mode of action of the Board of the Union of churches and religious

companies,



§ 19 para. 2



Part of the register of associations of churches and religious societies is a collection of

documents containing the documents to be submitted in the application for registration of the Union

churches and religious organisations, the proposals on



registration changes

These documents and the decision of the Ministry.



section 20



A register of registered legal entities



(1) in the register of legal persons registered under this Act shall

the following information shall be entered and their changes of the registered legal person



and with date) name and registration number,



(b)) the seat in the territory of the Czech Republic,



(c)) the designation of its statutory authority in the territory of the Czech Republic,



(d)) the personal data of members of its statutory authority,



e) identification number,



f) subject of general interest, entrepreneurial and other economic activity,

when operated,



g) abolition of their registration, access to disposal and personal information

the liquidator, bankruptcy, and personal data of the receiver

the essence, rejection of the application for bankruptcy for lack of

assets and initiating procedures for the settlement of indicating the date and number of the decision

on these facts, the



h) identifying information about its legal successors, if its

the cancellation of the legal successor,



I) demise as legal entities registered under this Act,



j) mode of action of the Board.



(2) the part of the register of legal persons registered under this Act

is a collection of documents that contains the documents to accompany the application for the registration of

legal persons and on proposals for registration of their changes.



The Heading Of Title VI Of The



CANCELLATION AND TERMINATION OF REGISTERED CHURCHES AND RELIGIOUS

THE COMPANY, THE UNION OF CHURCHES AND RELIGIOUS SOCIETIES

And

REGISTERED

LEGAL PERSONS, REGISTERED AUTHORITY

CHURCHES AND RELIGIOUS COMMUNITIES TO EXERCISE SPECIAL RIGHTS



§ 22 para. 1 (b). (d))



(The Ministry will initiate proceedings for cancellation of the registration of churches and religious

company or proceedings for cancellation of the registration of the Union of the churches and

religious organisations ...)



If it was not for more than 2 years



established authority

registered churches and religious societies



According to § 10 para. 3 (b). (d)

) or statutory bodies of the Union of churches and religious societies or

the current authorities and statutory authorities ended the term before

more than 2 years and not to the provisions of the new.



Article 23 of the



When



the proposal for an audition or during the design of the

disposal of registered churches and religious societies, or the Union of

churches and religious societies or



registered

the legal person pursuant to this Act shall apply mutatis mutandis special

Law 16) unless this Act provides otherwise.



The text of footnote 16)



Act No. 513/1991 Coll., the commercial code, as amended.



Act No. 328/1991 Coll., on bankruptcy and settlement, as amended by Act No.

122/1993 Coll., Act No. 42/1994 Coll., Act No. 74/1994 Coll., Act

No 117/1994 Coll., Act No. 154/1994 Coll., Act No. 224/1994 Coll.

Law No. 84/1995 Coll., Act No. 94/1996 Coll., Act No. 151/1997 Coll.

, Act No. 12/1998 Coll., Act No. 27/2000 Coll., Act No. 30/2000 Coll.

Act No 105/2000 Coll., Act No. 211/2000 Coll., Act No. 367/2000

Coll., Act No. 366/2000 Coll., Act No. 120/2001 Coll., Act No.

125/2002 Coll., Act No. 403/2002 Coll., Act No. 101/2003 Coll., Act

No 210/2003 Coll., Act No. 256/2004 Coll. and Act No. 499/2004 Sb.



section 26



Cancellation of registration of the registered legal person and its demise



(1) the Ministry shall revoke the registration of the registered legal person pursuant to § 15a

paragraph. 1



and on a proposal from the authority) registered churches and religious societies, which

It suggested to register, within 5 working days of receipt of this

the design,



(b)) on its own initiative, if it finds that this legal person acting in

contrary to the definition of its competence in the design of the registration in accordance with section 16 of the

paragraph. 2 or § 16a para. 3 and 4, or in conflict with the law, and

If a remedy fails to do so, the competent authority of a registered Church and

religious society, which it suggested to register when prompted

the Ministry, on the date of acquisition of the decision on the cancellation of registration,



(c)) on its own initiative, the termination of the registration of churches and religious

the company, whose authority the legal person suggested to register to

the date of acquisition of the decision about the cancellation of the registration of the Church and

religious society according to § 24 para. 3,



(d)) after the abolition of bankruptcy after the fulfillment order or after the cancellation


bankruptcy on the grounds that its assets are not sufficient to cover the costs

bankruptcy, or after the rejection of the application for a declaration of bankruptcy for

lack of assets, at the date of acquisition of the final order of the Court,



e) on its own initiative, where one exists were not members of the Board

and all current members of the Board ended the term of

over a year ago, at the date of acquisition of the decision on the abolition of

evidence,



(f)) after the expiry of the period for which it was founded, on the date of expiry of this

time,



(g)) the date referred to in the decision to cancel the legal person pursuant to § 15a

paragraph. 1 (b). (b)) according to the Charter of the special equipment, or



(h) if the facility does not provide) services of general interest

referred to in the Charter for a period longer than one year at the date of acquisition

the decision on the cancellation of registration.



(2) the register of legal persons according to § 15a paragraph 1. 1 shall expire from

The register of registered legal entities.



(3) dissolution of a legal person registered in accordance with paragraph 2 is preceded by its

liquidation, or dissolved without liquidation if its

the assets and liabilities of the registered Church and religious society, or

her other legal person registered under this Act.



(4) it is not sufficient to dispose of the assets of a legal person registered

payment obligations, shall be liable for the obligations of a registered Church and religious

the company, whose authority it suggested to register. The remaining assets of the

disposal of the registered legal person shall pass to the registered Church and

religious society, whose authority it suggested to register.



(5) shall expire if the registered legal person pursuant to § 15a paragraph 1. 1 with

liquidation, is the date of the deletion of such a registration are identical to the date of termination

its final destruction.



(6) within 5 working days of the completion of the liquidation, it shall notify the

the liquidator of the Ministry.



(7) is void if the registered legal person without liquidation and if it is not

filed for bankruptcy, its cancellation date is the same as the date of

removal from the register of registered legal entities.



section 27 para. 10



Ministry of the Interior provides Ministry to the extent necessary for the

the proceedings on the application for the registration of churches and religious societies, for

the proceedings on the application for granting permission to exercise specific rights and for

verification of personal data of members of the churches and religious

companies, statutory bodies



registered

legal persons and associations of churches and religious societies, even in

electronic form in a manner allowing remote access from the information

system of population register, 19) of citizens and foreign nationals with permission to

stay on the territory of the Czech Republic the following information ...



section 29



Powers of execution



The Ministry shall issue a decree details and conditions for conducting

The register of registered churches and religious societies, index

unions of churches and religious communities and Register



registered

legal persons and patterns of all extracts from the register, or the evidence referred to in

This Act, and



proposals on the registration of legal entities and registration of changes

.



Further, the plaintiffs ' possible ' draft demanding the cancellation of the above cited

the first section of the article. (II) (transitional provisions) and article. III (authorisation to

the publication of the full text of the Act), Act No. 495/2005 Coll. and below

designated provisions of part the second, third and fourth of the Act.



PART TWO



Changing the law on volunteer service



Article IV



In section 6 (1). 2 Act No. 198/2002 Coll., on volunteer service and amending

Some laws (law on volunteer service),



the word "Church" is deleted

and after the words "religious society" with the words "



registered under the law governing the status of churches and religious

by 4)

".



Footnote 4:



"4) Act No. 3/2002 Coll., on freedom of religion and the status of

churches and religious societies and on amendments to certain acts (the Act on

churches and religious societies), as amended by the Constitutional Court

declared under the No 4/2003 Coll., Act No. 561/2004 Coll. and Act No.

495/2005 Coll. ".



PART THREE



Amendment to the Employment Act



Article. In



In § 81 para. 2 (a). b) of Act No. 435/2004 Coll., on employment,



the word "Church" is deleted

and after the words "legal person" with the words "



registered under the law governing the status of churches and religious

companies 48)

".



PART FOUR



Amendment of the Act on accounting



Čl.VI



In § 9 para. 3 (b). a) of Act No. 563/1991 Coll., on accounting, as amended by

Act No. 114/1994 Coll., Act No. 227/1997 Coll., Act No. 353/2001

Coll. and Act No 437/2003, the words "religious legal person"

replaced by the words "



a legal person registered under the law governing the status of churches

and religious společností9

".



Footnote 9 is added:



"9) Act No. 3/2002 Coll., on freedom of religion and the status of

churches and religious societies and on amendments to certain acts (the Act on

churches and religious societies), as amended by the Constitutional Court

declared under the No 4/2003 Coll., Act No. 561/2004 Coll. and Act No.

495/2005 Coll. ".



The promoters will also require cancellation of words that has already been derogována

Act No. 495/2005 Coll., the Constitutional Court concluded that in the

really rail against derogačním provisions contained in law No.

495/2005 Sb.



Part one, article. I, point 1



In paragraph 1 (b). (b)), the word "



Church

"be deleted and the words" legal persons "with the words" based

registered churches and religious societies and registered in accordance with

This Act (hereinafter referred to as "registered legal person") ".



Part one, article. Also, paragraph 6



In § 8 para. 3, the word "



Church

"be deleted and the word" person "the words" in accordance with § 15a paragraph 1. 1

(a). and) ".



Part one, article. I, point 8



In section 10, paragraph 1. 2 (a). (d)), the words "



churches and religious communities

"be deleted.



Part one, article. I, item 27



In § 16 para. 1 the words "



authority of registered churches and religious societies or religious and other

religious institutions like the Church

"and the words"



designed in the basic document, the present "be deleted, the word

"person" shall be inserted after the words "pursuant to § 15a paragraph 1. 1 (b). and) "and the number" 3 "

the text "shall be added to point (a). (d))

".



Part one, article. I, item 31



In § 16 para. 3 the words "registered Church and religious society"

replaced by the words "authority of registered churches and religious societies

According to § 10 para. 3 (b). (d)) ", the words"



Church

"shall be deleted, in the first sentence, after the words" person "the words" in accordance with §

15A paragraph 1. 1 (b). and) "and the word" Church "is replaced by

"registered".



Part one, article. I, item 51



In § 24 para. 2 the term "



Church

"is deleted.



Part one, article. I, item 52



In § 24 para. 3, the word "



Church

"is deleted.



XII.



Evaluation of the "eventual" application for revocation individual provisions

law



61. The Constitutional Court-the structure of the argument of the appellants-

first dealt with the legal regime of births and deaths of the registered

legal persons are laid down in § § 15a-16a (title IV) of the Act and in

the provisions of § 26 para. 2 of the Act, which with the provisions of title IV of the content

immediately.



Proposal to repeal § 15a paragraph 1. 2 of the Act



62. the law vary between legal entities "registered under this

the law "(Law No. 3/2002 Coll.) and" other legal persons ",

the legal formation is subject to "registration or notation" as

"special legislation" (the term used in the arbitrary

the provisions of § 15a paragraph 1. 2 of the Act that refers to the modification contained in the

another piece of legislation than in the Act No. 3/2002 Coll.).



63. the provisions of section 15a of the similar paragraph. 2 law in the version which was

subject to constitutional review in proceedings under the SP. zn. Pl. ÚS

6/02, did not contain. However, registered under Act No. 3/2002 Coll., should only be

Church legal persons within the meaning of the provisions of § 6 (1). 2, which

The Constitutional Court finding SP. zn. PL. ÚS 6/02.



64. In contrast, Act No. 308/1991 Coll., on freedom of belief and the status of

religious communities, in § 19 para. 1, which provided: "the Registering

authority shall keep a register of all legal persons under this Act, including the

those which derive their legal personality of churches and religious

companies, if not subject to registration or registration and other edits

its conditions. "



65. As mentioned above, the appellants argue the unconstitutionality of section 15a

paragraph. 2 of the Act.



66. this opinion was justified in observations of the appellants of

18.8. 2006 (file č.l. 78, 7/and 8/) as follows: "the Church of regard


Thus, the right to their own performance concept of religion to carry out

within their own organizational structure in his Church

legal persons and not to legal forms that are mundane and

dispose of these activities to external legal persons

they are created by the State, not the churches themselves. Generally beneficial

the company and similar secular legal persons are no longer part of the

the Church, the Church, however, may be their founder, but they never

will not be part of the Church as such. "



67. therefore, the question Arises, what kind of a legal person established churches have

be registered under Act No. 3/2002 Coll., or whether it is constitutionally

Conformal exclude entities-with regard to the subject matter of their

activities-from the mode of this code.



68. the constitutional conformity of the cited provision above § 19 para. 1 of the law

No. 308/1991 Coll. was not on the part of churches and religious societies

questioned, which are representative of the appellants as well: "the original law, according to

which all worked without any problems for over ten years, Act No.

308/1991 Coll., had 24 short sections and the problems of the Church

legal persons was dealt with without any legal provisions, direct

the application of the Charter of fundamental rights and freedoms. All the problems in the relationship

Church and State in the matter of ecclesiastical legal persons and implementation of the article. 16

paragraph. 2 of the Charter date back up to, in essence, since the adoption of the detailed law No.

3/2002 Sb. " (file č.l. 80, paragraph 20/a)



69. The Constitutional Court (even after the observations of the appellants, file č.l. 76-77, ad

point 5) remains inadequately lit/the meaning of the requirement that

It was considered the provisions of § 15a paragraph 1. 2 of the Act repealed.



70. The requirement that churches and religious communities could be based

legal persons (persons with legal personality according to the law of the United

the Republic) is not subject to entry in the register pursuant to Act No. 3/2002 Coll. and the

or according to another ("special") legislation, namely the proposal

It does not, and is not even a foothold in the supporting reasons for finding SP. zn. PL.

TC 6/02.



71. where should be according to the law No. 3/2002 Coll. recorded all

churches and religious societies based legal entity without

regardless of the activity, which suggests above,

would constitute the category "other legal persons

registered churches and religious societies, which are not recorded

under this Act ", an empty set. Provisions would be

not applicable, but this should not be confused with protiústavností.



72. If the object of the appellants as a criterion, and therefore recognise

not required to register any institution-based churches, regardless of the

the subject of the activities according to the law No. 3/2002 Coll., is not the purpose of the application for revocation

also, the provisions of the obvious or less.



73. Even if the Constitutional Court upheld the complaint and the contested provisions

set aside, the situation has not changed and it would be necessary to follow the

normative solutions envisaged-words of the legislature-special

legislation (anyway).



74. The Constitutional Court, therefore, the proposal to repeal the provisions of § 15a paragraph 1. 2 of the Act

No. 3/2002 Coll. reason did not.



75. Even in the plane of its own line of argument does not hold water – on the other hand-

voucher included in the comments of the Ministry of culture on the necessity for adjustments

in order to achieve equity in the context of competition (č.l. 52).

Normative solution under consideration does not deny the emergence of competitive relationship, if

is business activity registered by the person operated even if only

"optional" (which was foreseen in the law), and is not sure whether

legal persons warp market relations within their main or ancillary

activity.



The other "possible" suggestions against the provisions of section 15a, section 16, section 16a, section 26

paragraph. 2 and § 26 para. 7 of the law



76. Since the Constitutional Court finding SP. zn. PL. ÚS 6/02 set aside provisions

§ 6 para. 2 of the Act, according to which "registered Church and religious

the company may propose to register the authority of the Church and religious

the company or the religious and other ecclesiastical institution based in the Church

and religious society according to its internal rules in order to

the Organization, profession and dissemination of religious faith as a legal person

under this Act ", dealt with the Constitutional Court first question of law

understood the autonomy of churches and religious societies in relation to

the establishment of legal persons.



77. The underlying legislation is now contained in particular in the provisions of §

15A, § 16 and § 16a of the Bill.



78. the applicant can agree that with subject of activity

legal persons established churches and religious societies

(subject options, or by defining their scope) combines

issue no constitutional protection under art. Article 16(1). 2 of the Charter.



79. first of all just for the narrow destination course activities of churches

registered in accordance with Act No. 3/2002 Coll., limited only to "Organization,

the profession and dissemination of religious faith ", the Constitutional Court finding SP. zn. PL.

TC 6/02 the then provisions of § 6 (1). 2 of the Act. The Constitutional Court here

the Court held that the task of churches and religious societies cannot be reduced

to just profess their particular religious beliefs, but their activity in

the company is much broader and is also in the radiation of the religious

values externally, through not only religious activities, but

also for example. the activities of charitable, humanitarian and general educational

(Similarly, find SP. zn. I. TC 146/03).



80. Although the cited enumeration of activities has the nature of only illustrative,

the conclusion that the churches and religious communities enjoy pursuant to art. Article 16(1). 2

The Charter of "autonomy" in setting up legal entities an absolute (fully),

regardless of the subject of their activities, however, does not indicate.



81. the provisions of § 15a paragraph 1. 1 (b). and) Act shall apply to register

"the institution of registered churches and religious societies, religious and other

religious people espousing to the Church and religious society

based in order to profess their religious faith ".



82. The provisions of § 15a paragraph 1. 1 (b). (b)) of the Act then modifies the (explicitly)

the registration of "special-purpose devices registered churches and religious

Church and religious society founded by the company for the provision of

charitable services ", or" social or medical

or operating as a charity, or diaconate "(section 16a (1) of the Act) or

providing public services "of general interest" (section 16a (2)

of the Act).



83. Interpretačně significant provisions of § 15a paragraph 1. 4 of Act No. 3/2002

Coll. admits the existence of not only "charitable hinnosti charitable,

social or health care "as a filling that registered persons, activities

but-as a "sideline" referred to legal persons in

the conservation register mode according to the Act No. 3/2002 Coll.-i "business and

other gainful activity ".



84. The current edit, design zpochybňovaná, so-as opposed to solutions

previous-does not prevent the traditional connections of the Organization, the profession and dissemination of

religious faith with the action of cultural, charitable and social,

including their "business" activity (in corporate mode

people registered under Act No. 3/2002 Coll.). Corresponding requirements

Discovery pl. ÚS 6/02 that was fundamentally satisfied.



85. neither the limitation of "business and other gainful activity" people that registered

According to § 15a paragraph 1. 1-in addition to charitable activities, charitable,

social or medical-to "sideline" (section 15a (4))

not (is not a convincing reason) for "arbitrary". A similar

the term is used also for example. in § 5 para. 3 (b). (e)) and § 17 para. 1 of law No.

248/1995 Coll., on generally beneficial companies, as amended

regulations, section 18, section 20, paragraph 21 and section 24 of Act No. 111/1998 Coll., on public

universities, as amended, section 27 para. 2 (a). (g)), and

§ 28 para. 3 of the law no 250/2000 Coll. on budgetary rules of territorial

budgets, as amended, section 125 paragraph. 3 (b). e) of the Act

No 561/2004 Coll., the Education Act, as amended, and finally

§ 1 (1). 2 Act No. 245/2006 Coll., on public nonprofit constitutional

medical facilities (for the definition of principal and secondary activities in the

relation to the registration in the commercial register. Pelikánová, i. et al.:

Comment to the commercial code. 1. part. 3. Edition, Linde: Prague, 2003,

p. 319).



86. the Constitutional Court also dealt with the regime of the generation and acquisition of legal

personality of the registered legal entities.



87. the Constitutional Court finding SP. zn. PL. ÚS 6/02 declared that according to the article.

Article 16(1). 2 of the Charter is generally "legal formation of ecclesiastical legal persons

bound to the record and not on registration ", with evidence

represents the "declaratory Act" and "it is possible, in particular in terms of

populate the information function and the protection of the rights of third parties ".



88. "the function of the protection of the rights of third parties", from this finding also

serves, has a correlation with the provision of article. Article 16(1). 4 of the Charter, if

It is assumed that "the legal constraints of developing Church legal entities"

for the reasons set forth herein is permitted, i.e.. We can act,


in the case of measures necessary in a democratic society for the protection of

public safety and order, health and morals or the rights and freedoms

of others.



89. In proceedings under the SP. zn. PL. ÚS 6/02, reviewed by the Constitutional Court

the provisions of § 6 (1). 2 of Act No. 3/2002 Coll., in terms of developing

(Church) of a legal person only in relation to those that have had

be established only for the purpose of "enterprise, profession and dissemination of religious

of faith "(and came to conclusions that critical work in synergy for the benefit of

its derogation).



90. in the context (of the proposal), but it is significant that

Law No. 3/2002 Coll., as amended by Act No. 495/2005 Coll., the subject of the activity

registered legal entities defined-as is apparent from the above-

substantially differently, or to the extent as well as the broader, and

Therefore, it is the inevitable question of whether it has been embedded by editing the emergence of

(registered) of a legal entity (referred to in this Act) is not constitutionally

an undue restriction of the autonomy of churches and religious societies,

ask-and assess-again.



91. According to the provisions of § 15a paragraph 1. 1, second sentence, of the Act "records under the

This Act is the legal entity referred to in subparagraphs a and b)) become

legal persons according to this Act ".



92. For the corresponding constitutional protected value, enter

"the game", is it necessary-as already mentioned-to consider the principle of legal

the security is guaranteed in article. 1 of the Constitution, and "guarantee the minimum of protection

other participants in private property relations "; as to the legal

security of third parties (see article 16, paragraph 4, of the Charter), and from the nature of things,

as well as being written to the legal entities and their founders.



93. In terms of methodology, it is appropriate to use the proportionality test

of the three criteria (cf. e.g., SP. zn. PL. ÚS 41/02,

PL. ÚS 34/04-a collection of decisions, volume 32, no. 10, promulgated under the

No. 98/2004 Coll.; volume 38, no. 138, declared under no 355/2006 Coll.).

The first is the evaluation of a simple law aspect of suitability, whose

the content of the assessment of the selected resource from the perspective of a normative

the possible fulfillment of the reference purpose. If it is not the operative resource

eligible purpose achieved, as monitored by the legislature of

speech of arbitrariness, which is considered to be contradictory to the principle of the rule of

State. The second step is to assess the application of the principle of proportionality

a simple rights aspect of Neediness, pursues the analysis of pluralism

possible normative resources in relation to their intended purpose and their

subsidiarity in terms of restriction the Constitution protected values. If it can be

by the legislature to achieve the purpose pursued alternative normative

resources, then constitutionally conformal, the constitutionally protected

the value of the limits to the extent possible. Pursues a simple under consideration

the law on the one hand the protection of certain constitutionally protected values

the other hand, however, a different limits, the third aspect of the principle of

of proportionality that comes from their measurement, or represents

the methodology for the consideration of these conflicts-standing constitutional values.



94. On the basis of the following aspects can be outlined above all come to

the conclusion that from the perspective of postulátu fitness, i.e.,. the relationship between the applied

legal means and objectives of the legislature, the legal link of developing

legal persons (according to this Act) for public

registration of means to achieve the protection of the rights and freedoms of others and the legal

certainty clearly represents.



95. as to the fulfillment of the criteria of need, you can not ignore the consequences of

the fact that the legislature has chosen to edit common to all

registered churches and religious societies without distinction. It cannot be used in

General terms of course nowhere, on the other hand, however, should be

accept that it does not affect or otherwise essential or relevant

the differences between the churches and religious societies. It is not

the reason to deny the validity of the discretion of the Czech Bishops ' Conference about the differences between

"traditional churches", in particular with a vertical hierarchical organizational

structure and centralized leadership (and admittedly based on.

kongregačním principle), whose "doctrine, and the system of values is in their

principles of a fixed and transparent ", and the churches (religious

other companies). However, the successful constitutional oponenturu here

You cannot draw; specific conditions can be capture through other

legal sources (see different opinion on finding pl. ÚS 6/02).



96. Then it is logical to accept that it is not a normative resource

less severely restricting the rights guaranteed in article. Article 16(1). 2 of the Charter,

that would lead to a similar degree of legal certainty, which can be achieved

the merger of the legal establishment, entry in the register, and



at the same time

be eligible



General

the application of. Requirement (criteria) need to be satisfied

also.



97. The Constitutional Court therefore proceeded to the principle of keeping score in a collision

standing constitutional values, which are on the one hand protection

the autonomy of churches and religious societies, and on the other hand protection

the rights and freedoms of third persons and legal certainty. He concentrated first on the

the conditions for entry in the register of registered legal entities.



98. the respect for the principle of the autonomy of churches and religious

the companies can be in the creation of legal persons according to § 15a paragraph 1. 1 (b).

a) and b) of the Act are seen mainly in the principle that evidence will be made

always, if the applicant (a body registered churches and religious

the company) are objectively reasonable



formal

terms and conditions.



99. concerning legal persons according to § 15a paragraph 1. 1 (b). and must act)

a proposal for registration in accordance with the provisions of § 16 para. 2 contain a) proof of the

It was founded to do so by the competent authority of a registered Church and

religious society according to its basic document, b) course

community, business and other gainful activities and its

the statutes, if any, c) its name, that must be different from the name of the

legal person, which already operates on the territory of the Czech Republic or

already on the register asked, d) its registered office on the territory of the Czech Republic,

e) marking its statutory authority in the territory of the Czech Republic, f)

personal information of the members of its statutory authority, and finally g) way

meetings of the Board of the legal person is registered. In the absence of

the proposal referred to in paragraph 1, the requirements referred to in paragraph 2,

the Ministry will invite not later than 10 working days from the date of delivery of the

the design authority of registered churches and religious societies, in accordance with § 10

paragraph. 3 (b). (d)), in order to supplement the proposal, where appropriate, eliminate deficiencies and

within 30 days, and will notify him that if this time limit is not complied with,

the procedure for the design of stops (section 16, paragraph 5, of Act No. 3/2002 Coll.).

Unless it is a legal entity registered under this Act,

the Ministry proposal to reject registration (section 16 (6) of Act No. 3/2002

SB.).



100. The Constitutional Court shall be dealt with in the report this adjustment SP. zn. PL. ÚS 6/02

and stated that the reason for the derogation given to her is not.



101. this judgment could shake or a voucher for the difference in

the provisions of § 16 para. 2 (a). (g)) and § 16 para. 6 of the Act.



102. The provisions of § 16 para. 2 (a). g) of the Act incorporating between

the elements of the proposal and the statement "about how to conduct statutory authority

registered legal person "has a rational link requirement of legal certainty

third parties with whom a legal person "acting".



103. the application for the registration of legal persons registered churches and

religious society according to § 15a paragraph 1. 1 (b). (b)) of the Act must

include the founding Charter pursuant to section 16a para. 3 (section 16a para. 6).

The elements of the Foundation Act and statutes govern the provisions of § 16 para. 3

and 4.



104. According to section 16a para. 3 of the Act of incorporation of the special equipment shall

include and) name, registered office and number of the founder, b) the name and

the seat of the special-purpose equipment on the territory of the Czech Republic, c) the period for which

the facility is based, if it is not established for an indefinite period, d)

the designation of his statutory authority in the territory of the Czech Republic, e) personal

details of the members of the statutory body, f) its statutes, g) way

publication of an annual report on the activities and management of the special-purpose equipment

for the calendar year, and finally, h) approval of changes to the Foundation

of the Charter.



105. According to section 16a para. 4 of law statutes of the special equipment referred to in paragraph

3 (b). (f)) and must contain the information referred to in paragraph 3) (a). (b)), and (d)), (b))

the method of alignment and withdrawal of members of the statutory body and the length of their

the term, if limited, c) the way in which the statutory authority

This is and acts is the name of the special-purpose equipment, d) a kind of General

beneficial services to special-purpose devices provide, terms

their provision and the subject of business and other complementary activities,

If they are operated.



106. Evaluation conditions landed-in terms of their purpose, i.e.. in

respect of the principles of legal certainty and protection of third parties-

offers a judgment that the objectively unreasonable, or even vexatious is

cannot be considered; on the other side-in relation to the principle of the autonomy of the

churches and religious societies-also, do not constitute


an undue burden (unbearable), the demands placed on these bodies, as

the founder of legal persons. It is worth remembering that it is not

met the assumption that in the internal rules



all

churches and religious societies is the organizational mode of developing

considered legal persons in adequate form.



107. The autonomy of churches and religious societies does not threaten or

the provisions of § 16 para. 6 (by analogy to section 16a para. 9), since it is the result of

the amount recognised (subject) the limits of legal entities registered in accordance with

of this Act. It is logical that the application for the registration of legal persons,

that his regime, cannot be upheld. An anticipated negative statement

does not constitute a "substantive review", but even here it is fundamentally about reviews

"formal" requirements of the proposal.



108. The criterion of "nárokovosti" can therefore be writing in the case of legal

people registered under the Act have been met; the Ministry assesses the completeness

the supporting documents submitted and of the potential shortcomings of the procedures provided for in § responds

Article 16(1). 5. section 16a, respectively, of paragraph 1. 7.



109. it was also necessary to pay attention to the time legal formation

of the legal entity and its merger with the registration in the public register.



110. registration mode Element is embedded for persons registered pursuant to §

15A paragraph 1. 1 (b). and) Act by evidence-in principle-

registration on the day of its formation in the registered Church and religious

the company (article 16, paragraph 3, of the Act), which strengthens and character

"deklaratornosti" notation. On the other hand, apparently, to the

the time of registration in the register of legal persons here-from the perspective of the legal

order-not to the emergence of occurs in time "backwards". However, although to

legal formation does not occur perfekcí basic act itself, you can have

considered that this restriction is constitutional Conformal manner, balanced

confronted the principle of legal certainty and the protection of third parties.



111. the views expressed in the award Compared pl. ÚS 6/02 here cannot be

overlook (as has already been pointed out above), that still goes on the record

the bodies of the wider definition of the subject significantly, with a significantly broader

"the public", including elements of action envisaged

"the business" (cf. § 15a, paragraph 4, of the Act).



112. If these characters is especially true (more so) in relation to persons

which have been registered pursuant to § 15a paragraph 1. 1 (b). (b)) of the Act, then it may be considered that the

their "evidence" will stand with the distinctive features of "registration", connects to the

the moment the legal incorporation of the entity presumably writing (cf.

section 16a para. 8.) Nor here but it's not about "konstitutivnost" in the right words

the meaning of legal existence is not associated with



by decision of the

(permission) by a public body, but with the actual Act (registration)

logically, no longer based on which execution is subject to

formal legal conditions of entitlement of the claimant and is bound to the

statutory time limit (section 16a para. 8 of the Act).



113. An earlier kontrapozice "registration" and "register" in the new

contexts (new definition of registered persons) appears to be in a somewhat different

light; the transition from one mode to another is not a steep (disjoint), on

There is both a "legal right", therefore it is not tight-fitting (and even useful) is

-In addition, without a more detailed



a specific

definition-put against each other. Sure, the previous mentioned, the application of the

elements of the registration in the future might not be constitutional even unsustainable,

If the balanced protection of other constitutionally relevant values.



114. the Department of the "establishment" from the "creation" of a legal person is not in the

the legal order of the unusual, and generally does not preclude the legal

body entering legal relations as well as in the "meantime" (cf.

the provisions of section 64. Act, which regulates the negotiations on behalf of the company

before registration in the commercial register).



115. the legal order of the registered church or religious society does not prevent

to implement the tasks of the institution was founded, and which was later to become

the registered legal person, and through the legal proceedings

his own name (cf. § 530 CIVC., business unit

trading companies, divisions, etc.). As found in the

things SP. zn. I. ÚS. 146/03, "within the Roman Catholic Church with ... new

the charity, created by long time always acts first, without its own

legal personality and their affiliation with some of the other charity.

Then, when the newly formed charity will develop enough and convinces

your activity, it is her competent ecclesiastical dignitary, in accordance with

the internal rules of the Church granted legal personality ".



116. In finding SP. zn. PL. ÚS 6/02 pointed out, the Constitutional Court on the "looser"

the mode of formation of legal entities with the derived legal personality

(organizational units of the Association), and trade unions and

employers ' organisations established by Act No. 83/1990 Coll., on

Association of citizens, as amended.



117. The essential difference, however, represents a different definition of the subject

activities of the Association on the one hand and of registered legal entities on

the other side.



118. While the law prohibits work associations [§ 1 (3)

(a). (b)), § 12 para. 3 (b). a) of Act No. 83/1990 Coll.], registered

legal entities can operate it, even as the activity of the "complementary". Is

obvious that just referred to the difference is reflected in the rational doložitelném

order to ensure a higher degree of legal certainty and the protection of the rights of third

persons.



119. Furthermore, the emergence of the "business units" is not completely out of the

the registration process [cf. section 6 paragraph 2, point e) of Act No. 83/1990 Coll.].



120. Is it also be noted that this "liberal" concept, just out of

aspects of the lack of effective protection of the rights of other participants of the laws,

relations, is in theory criticized (Chalupa, L. Legal personality

organisational components of civic associations under the Act No. 83/1990 Coll.

Legal Advisor, vol. 1998, no 1, p. 9).



121. Provisions of section 9a of the Act No. 83/1990 Coll. on Association of citizens,

establishes an exception that, for mitigating the trade union organization and

the employers ' organization becomes a legal entity on the day following

then, when the competent Ministry (section 7 (1)) was served with the

her records.



122. The formation of a trade union or employers ' organisation is not

based on the principle of registration due to the international commitments of the Czech

Republic, specifically based in the article. 8 of the International Covenant on

economic, social and cultural rights, article. 5 of the European social

of the Charter, and in particular in article. 7 Convention on freedom of Association and protection of the rights of

the right to organise.



123. Even in the case of trade unions and employers ' organisations is

the accounting principles applied in modified form; also here is the de facto

legal formation of the subject to registration in a public register and day

the rule of creation does not coincide with the moment of perfekce Basic Act.



124. It is essential that the requirement "substantially freer mode" of developing

the "Church" of legal persons (when I say in finding pl. ÚS 6/02) is not

transitive in the legal regulation directly legal entities "registered",

as these do not emanate from the same legal basis (namely, their

decorate the definition). An existing (previously mentioned) differences, next to no

totally a "substantially freer" criteria, the application of this

"režimního" the requirement clearly places.



125. the said Summary, therefore, concludes that it is not reliable

in order to draft the provisions concerned section 15a, § 16 and § 16a of the law could

be seen as a conflict with the article. Article 16(1). 2 of the Charter, since (a)

limiting the autonomy of churches and religious societies are calibrated

Another constitutionally relevant interest, which represents-as has been considered

-protection of the rights of third parties, or the principle of legal certainty (article 1, para.

1 of the Constitution, article. Article 16(1). 4 of the Charter). You cannot effectively demonstrate that the law

the process and conditions of entrenched legal persons based out of

internal ratios of registered churches and religious societies is not

supported by a legitimate aim and that stray from the requirements of proportionality.

It is noted whether or not the view expressed in a different opinion on the

Discovery pl. ÚS 6/02, that the State in the context of the legislation under consideration ("when you

the determination of the conditions for the granting of the status of a legal person to the churches and

religious communities ") has" a considerable degree of discretion ".



126. the appellants ' argument is Nepřípadný, that the law harms the rights "

minority "(which should be the believers), and this is in breach of article. 6, sentence

Second, the Constitution. Article. 6 of the Constitution clearly (cf. first sentence)

goes to the generally



political

(social) plane and the Charter protects minority "ethnic or

ethnic ". "Believers", whether they are based on "census population and housing", as

the appellants argue, more or less, are, in the constitutional position of the

protected specifically-applicable (and absolute)-article 16 (and article 15

paragraph. 1) of the Charter.



127. for these reasons, the Constitutional Court for annulment of those provisions

pursuant to section 70 para. 2 of the Act on the Constitutional Court rejected.



128. In line with this conclusion does not hold water, or the proposal to repeal the provisions of the


§ 26 para. 2 of the Act; If the law makes the legal formation of the registered

a legal person entered in the register, corresponds to the internal logic of things to

This was associated with the removal from the register. Formally it is such a conclusion in

accordance with the grounds on which the Constitutional Court here has not complied with the proposal in case of sp.

Zn. PL. ÚS 6/02.



129. The contested provision is similar to the previous version of § 26 para. 2

the Act (before amendment by Act No. 495/2005 Coll.), by which the "Church

a legal person shall be extinguished by the cancellation of the registration in the register of religious

legal persons ". The new wording "registration of a legal person under section 15a

paragraph. 1 shall cease from the register of registered legal persons only

underscoring the general concept that "deletion" does not have the consequences of the "existence"

of the body, which was founded by his establishment of the internal

circumstances of the Church or religious society.



130. Controversy giving rise to the provisions of § 26 para. 7 the Act is then

fitted to interpret so that under these assumptions is "date"



the demise of the

(registered legal persons) "the same as the date of erasure from the register

registered legal entities ".



131. It adds that the legal relations arising from the Act are due to

the provisions of § 27 para. 1 under the protection schemes based on

"the General rules of administrative procedure" and, by extension, of the Institute of administrative

the justice system, including (especially) those procedures from the perspective of the appellants

critical, which may have a basis in provisions of the cited section 16(1).

5 and 6, section 16a para. 7 and 9, and section 26 of the Act (see also the finding of the Constitutional Court

of 18.6.2003, SP. zn. I. TC 146/03).



The other "possible" suggestions



132. for the understanding of the meaning of the other "possible" proposals is a significant

observations of the appellants of 18.8.2006, in which state that "do not claim

that each provision separately meets all their objections and the reasons

unconstitutionality, but targets the amendment and its ultimate impact is so

unacceptable, it is necessary to complete such a regulation should be repealed and

to prevent additional reductions achieved the standard of religious rights "(file

č.l. 79).



133. With the argument that the total reduction of human-rights standards to Constitutional

the Court already (with a negative result) coped in the context of the proposal on

repeal of the law no 495/2005 Coll. (part X of the award).



134. The constitutional law of the plane, therefore, cannot be achieved by pointing out (to non-

further argument beyond the scope of the foregoing) the words of 1/

"registered churches and religious-based companies and

registered under this Act (hereinafter referred to as "registered legal person") "

in paragraph 1 (b). (b)) of the Act, 2/", or the name", "address space

permanent residence in the Czech Republic; "and" later "in paragraph 3 (b). (c))

law 3/"registered" in paragraph 3 (b). (d)) of the Act.



135. The same conclusion you can say also in relation to links (leading to the

Title II of the Act) to the words 1/"or other legal person" in

the provisions of § 4 para. 4 of the Act, 2/"persons" in section 5 of the introductory part of the provisions

and sub (a). and) and 3/"according to § 15a paragraph 1. 1 (b). and) "in § 8 para. 3

the law.



136. The reservations, which raised the appellants against the provisions of § 10 para. 3

(a). g) of the Act (in respect of the requirement to State "list in the Church and religious

the company used the designation of spiritual ") do not have the decisive

context of the article. Article 16(1). 2 of the Charter of any binding, if it is connect-

only-expected consequences for the classification of each

clergy to grades according to Decree-Law No 566/2006 Coll., on

payment of the personal benefit of clergy, churches and religious societies

(formerly Government Regulation No. 576/1990 Coll.).



137. Since the completion of data mode by the applicant projected in the

the provisions of § 13 para. 1 and 2 of the Act provides qualified space for

correction of the critical deficiencies, to constitutionally guaranteed fundamental rights and

freedoms does not interfere nor the provisions of § 13 para. 3 and § 14 para. 7

the law. Other proposals against the provisions of title III [1/proposal for cancellation

the words "at least" in section 10, paragraph 1. 2 (a). (c)), 2/the words "presented by

paragraph 2 (a). (d)) "at the beginning of article 10, paragraph 1. 3, 3/words

"on the territory of the Czech Republic" in section 10, paragraph 1. 3 (b). (c)), 4/section 10(4). 3

(a). (d)) and 5/section 10(4). 3 (b). f), 6/section 10(4). 3 (b). (h)), 7/words

"and the information referred to in section 27 para. 5 "in article 10, paragraph 1. 3 (b). (j)), 8/

the word "authority" in section 10, paragraph 1. 4/9/the words "pursuant to section 10, paragraph 1. 3 (b). (d)) "in the

the provisions of § 11 (1) 10/2, the words "at least" in the provisions of § 11 (1) 4

(a). 11/a), the words "in the territory of the United States" in the provisions of § 12 para. 1

(a). (b)), 12/the words "pursuant to section 10, paragraph 1. 3 (b). (d)) "in the provisions of section 13 of the

paragraph. 2 (a). (b)) and § 14 para. 6 (a). (b)), 13/the words "registration" in section 15

paragraph. 2, 14/the words "pursuant to section 10, paragraph 1. 3 (b). (d)) "in § 15 para. 3 and 15/

the words "in accordance with § 10 paragraph 1. 3 (b). (d)) "in the provisions of article 15, paragraph 2. 4 sentence

the first and section 15 para. 5 the second sentence] are conducted in terms of the General

criticism of the legislation, are not supported by adequate, respectively.

specific reasons, and the reasons for the cancellation of the Constitutional Court does not find it

also.



138. The provisions of title IV, the Constitutional Court dealt with above.



139. The appellants have not made public the circumstances for which should be abolished

the provisions of title V concerning the register of registered churches and

the register of religious organisations, churches and religious associations

companies and the register of registered legal entities. Specifically in terms of

1/the word "REGISTERED" in the title of title V, 2/the word "registered" in the

the title of § 17, 3/the words "registered" and "legal persons registered

or registered under this Act, and this "in section 17(2). 1/4/

"registered" in § 17 paragraph 2. 6, 5/the provisions of § 17 para. 7 and 8, including

footnote No. 15a, 6/the provisions of § 18 para. 1 (b). (d)) and i), 7/

the words "registration" in section 18 para. 2, 8/§ 19 para. 1 (e)) and i), 9/

the word "changes" in the provisions of § 19 para. 2, and 10/section 20 of the Act.



140. In Title VI, the Constitutional Court of the amount of the dealing with the provisions of § 26 para.

2 of the Act. In the case of the other provisions of title VI and VII are again lacking

a specific adversary by the plaintiffs. Here it is a 1/Word

"Registered" in the heading of title VI, 2/the words "not" and "designated authority" and

inserted the words "pursuant to section 10, paragraph 1. 3 (b). (d)) "in section 22 para. 1 (b). (d)) 3/

the words "proposal for an audition or during design time on" and substituted the word

"registered", respectively, supplemented by footnote # 16: "the law No.

328/1991 Coll., on bankruptcy and settlement, as amended by Act No. 122/1993 Coll.

Act No. 42/1994 Coll., Act No. 74/1994 Coll., Act No. 114/1994 Coll.,

Act No. 154/1994 Coll., Act No. 224/1994 Coll., Act No. 84/1995 Coll.

Act No. 93/1996 Coll., Act No. 151/1997 Coll., Act No. 12/1998 Coll.,

Law No 27/2000 Coll., Act No. 30/2000 Coll., Act No. 105/2000 Coll.

Act No. 214/2000 Coll., Act No. 367/2000 Coll., Act No. 366/2000 Coll.,

Act No 120/2001 Coll., Act No. 126/2002 Coll., Act No. 403/2002 Coll.

Act No. 101/2003 Coll., Act No. 210/2003 Coll., Act No. 256/2004 Coll.

and Act No. 499/2004 Coll., section 23, 4/the other provisions of section 26, 5/the word

"registered" section 27 para. 10, 6/the words "registered" and "and proposals for

registration of legal entities and registration changes. "in section 29 of the Act.



141. The same terms (see also section 59) prevails even in relation to other

the provisions of Act No. 495/2005 Coll., 1/transitional provisions

(part one, article. (II)), 2/the announcement of the full text of the Act

(part one, article. (III)), 3/amendment of the Act on voluntary service, 4/change

the Employment Act, 5/amendment of the Act on accounting and 6/proposals

headed to the first section of the article. Even against the abolition of the word "Church" in section 1 of the

(a). (b)), § 8 para. 3, § 16 para. 3, § 24 para. 2 and § 24 para. 3,

the cancellation of the words "churches and religious societies" in section 10, paragraph 1. 2 (a). (d)),

and the cancellation of the words "authority of registered churches and religious societies

or the religious and other church institutions such as the Church "and" designated

in the basic document, the present "and inserting the words" in accordance with § 15a paragraph 1. 1

(a). and the word ")" after "and the addition of the text" (c). (d)) "after" 3 "in the section

Article 16(1). 1.



142. It can therefore be concluded that the here presented (partial) proposals either cannot

than watch the fate of those which were considered above as unfounded, or

they have no link to the petitioner presented no constitutional

argument (or from its general definition of such a relationship does not serve)

or from the perspective of the applicable article. Article 16(1). 2 of the Charter of the content

neutral.



143. The Constitutional Court, according to the provisions of § 70 para. 2 of the Act on the constitutional

the Court rejected the proposal and these parts.



144. This General can be argumentative plane design-add that in it

the appellants in not insignificant parts of the raised objections, again

expressed in the proposal already in case SP. zn. PL. ÚS 6/02. Even in cases

When newly the contested provisions may be seen as identical with those

in relation to which the previous proposal was rejected, not consider the Constitutional Court

for possible (and effective) to open up the question of obstacles judicata

Since it can be assumed that they decide to "other thing" is based no longer new

the definition of registered legal persons within the meaning of section 15a, section 16 and section 16a

the law.



145. in relation to the provisions of section 13 of the Act on the Constitutional Court, it is recalled

that the Constitutional Court is based on the conclusion that it does not deviate from the legal


opinions that he expressed in the cited award in case SP. zn. PL. ÚS 6/02.



The President of the Constitutional Court:



JUDr. Rychetský in r.



Different opinions under section 14 of Act No. 182/1993 Coll., on the Constitutional Court,

as amended, a decision of the plenary, the judges adopted a

Stanislav Balík, Vlasta Formankova, Ivana Janů, Dagmar Lastovecká,

Miloslav Výborný, Elisabeth Wagner and Michael April.