|
ROYAL DECREE 142/1981, DATED 9 JANUARY, CONCERNING THE ORGANIZATION AND
FUNCTIONING OF THE REGISTRY OF RELIGIOUS ENTITIES
(BOE No. 27,
31 January) |
|
Article 5 of the Organic Act of
Religious Freedom determines the creation, within the Ministry of Justice, of the Registry
of Religious entities, and the final disposition of said Act authorizes the Government to
adopt, by proposal of the Ministry of Justice, the necessary legal provisions for the
organization and functioning of this Registry. In consonance with this precept, by
proposal of the Minister of Justice, in accordance with the ruling of the State Council
and after deliberation by the Cabinet at its meeting of 9 January 1981, I instruct that:
1. The Registry of Religious
Entities, created according to the provisions of Article 5 of the Organic Law of Religious
Freedom, shall be established at the Ministry of Justice, as a General Public Registry and
shall be dependent upon the General Direction of Religious Affairs.
2. The following shall be
registered with the Registry of Religious Entitties:
A) Churches, religious Faiths and
Communities.
B) Religious Orders,
Congregations and Institutes.
C) Associative religious
Organizations constituted as such under the ordinance of Churches and Faiths.
D) Their respective Federations.
3. 1. Inscription shall be
made by request of the respective Entity, in writing, and accompanied by the literal
certificate of the document of establishment, duly authenticated, or the corresponding
notarial document of foundation or establishment in Spain.
2. The following information is
necessary for inscription:
a) Denomination of the
Entity, in such a way as to be appropriate for distinguishing it from any other Entity.
b) Address.
c) Religious objectives with
respect to the limits established in Article 2 of Organic Act 7/1980 of 5 July on
Religious Freedom, in the exercise of rights originating in religious freedom.
In the cases of the associative
religious Entities referred to in Section c) of the previous article, the
fulfillment of this requirement should be accredited with suitable certification from the
superior agency in Spain of the respective Churches or Confessions.
d) Rules of operation and
representative Organisms, stating their powers and requirements for valid designation.
e) Optionally, a list of the
names of persons who legally represent the Organization. The corresponding certification
of registration shall be sufficient proof for accreditation of said representation.
3. For that not provided for in
this Regulation, inscriptions and annotations corresponding to Churches, religious
Confessions and Communities that have established Agreements or Accords of Cooperation,
shall be made in compliance with the stipulations of these Agreements.
4. 1. Once the request for
registration has been examined, and when the report, if requested, has been received from
the Advisory Commission on Religious Freedom, the Minister of Justice will resolve
according to law. At the time the petitioners are notified of the resolution, and if this
has been accepted, they will also be given information relative to identification of the
registration.
2. Registration can only be
refused if the requirements referred to in Article 3 (4) are not duly accredited.
5. 1. Any modification of the
circumstances described in Article 3 shall be communicated to the Ministry of Justice as
stipulated in this article concerning requests for inscription.
2. Such changes shall be
inscribed or noted, as appropriate, in the Registry as decreed by the Director General of
Religious Affairs and shall take suitable legal effect from the moment of inscription.
3. To appeal this resolution, the
corresponding petition of appeal may be presented to the Minister of Justice.
6. The resolutions of the
Minister of Justice shall end available administrative proceedings, and the concerned
parties may proceed as stipulated in Article 3 of the Organic Acton Religious Freedom.
7. 1. The Registry shall
operate under the system of standard correlative pages, on which will be entered the
information required by Article 3, as well as any changes made to this information and the
dissolution of the Entity, should this occur.
2. A special Section shall be
provided for inscriptions and annotations corresponding to those Churches, religious
Confessions and Communities with which agreements or accords of cooperation have been
established.
3. As an annex to the Registry
and as part of the same there will be a dossier or record for each of the Entities
registered, in which will be filed all documents relating to that Entity, in chronological
order and numbered correlatively.
8. Entries relative to a
specific religious organization may not be cancelled unless by request of its legal
representatives, who must be duly authorized, or in fulfillment of a final judgment.
TRANSITIONAL PROVISIONS
First. Those religious
entities having legal status without having been registered with any State Registry may
request their inscription at any time, but three years after the present regulation has
come into effect, they may accredit this legal status only by means of the corresponding
certification proving registration with the Registry of Religious Entities.
Second. 1. Inscriptions
carried out in the Registries established by the Decree of 12 March 1959, and under Law
44/1967 of 28 June, shall be moved to the Registry of Religious Entities.
2. Where appropriate, these
inscriptions will be required to add or complete the documentation referred to in Article
3.
3. Once the period referred to in
the First Transitotional Provision has passed, no certificates of registration shall be
issued except for those Entities whose documentation is complete.
|