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LAW 25/1992, OF NOVEMBER, APPROVING THE AGREEMENT OF COOPERATION BETWEEN
THE STATE AND THE FEDERATION OF ISRAELITE COMMUNITIES OF SPAIN
(BOE Nº 272,
of 12 November 1992) |
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PREAMBLE
On 28 April 1992, the Minister of
Justice, authorized for this purpose by the Cabinet of Ministers, signed the Agreement of
Cooperation between the State and the Federation of Israelite Communities of Spain (FCI),
which shall govern the relations of cooperation between the State and the Israelite
communities established in Spain included in said Federation and registered at the
Registry of Religious Entities.
The relations expressed shall be
regulated by Law passed by the Cortes Generales, under the provisions of Article 7.1 of
Organic Law 7/1980 of 5 June, concerning Religious Freedom.
Article. The relations of
cooperation between the State and the Federation of Israelite Communities of Spain shall
be governed under the provisions of the Agreement of Cooperation incorporated into this
Law as an annex.
First Final Provision. The
Government shall be authorized, at the proposal of the Minister of Justice and, where
appropriate, in conjunction with those Ministers qualified on this subject, to dictate the
necessary provisions for the development and execution of this Law.
Second Final Provision. This
Law shall enter into effect the day after its publication in the "Boletín Oficial
del Estado".
ANNEX
Agreement of Cooperation Between
the Spanish State and the Federation Israelite Communities of Spain
PREAMBLE
The Spanish Constitution of 1978,
in shaping a democratic and pluralistic State, has brought about a profound change in the
State's traditional attitude towards religion, consecrating as fundamental the right to
equality and religious freedom, the exercise of which guarantees the widest scope
permitted under the requirements derived from the maintenance of public order protected by
Law and out of due respect to the fundamental rights of others.
These rights, originally
conceived as individual rights of the people, also include, by inference, those Religions
or Communities to which those citizens belong for the satisfaction of their religious
needs, requiring no previous authorization or registration in any public registry.
Out of the deepest respect for
these principles, and because of constitutional imperative, the State is obliged, in the
measure required by the religious beliefs of Spanish society, to maintain relations of
cooperation with the different religions. This shall be done differently with each of the
Religions inscribes in the Registry of Religious Entities.
The Organic Act of Religious
Freedom establishes the possibility that the State specify its cooperation with these
Religions, through the adoption of Agreements or Pacts of Cooperation once these
religions, duly inscribed in the Registry of Religious Entities, have obtained an evident
and manifest position in Spanish society due to the number of faithful and the extent of
their creeds. This is the case of Jewish religion, a faith with an age-old tradition in
our country, made up of several communities inscribed in the Registry of Religious
Entities, which have constituted the Federation of Israelite Communities in Spain, as a
representative organism of these religious entities before the State, for the negotiation,
adoption and subsequent monitoring of the Agreements reached.
In answer to the wishes expressed
by the Federation of Israelite Communities of Spain and after the opportune negotiations,
this Agreement of Cooperation was concluded, concerning matters of great importance for
the citizens of Jewish faith: statutes concerning the Jewish rabbis, defining the specific
rights derived from the exercise of their ministry, their personal situation in such
important areas as Social Security and fulfilment of their military duties; legal
protection in places of worship; attribution for civil purposes of marriage ceremonies
celebrated according to Jewish rites, religious attendance in public centres or
establishments; Jewish religious teaching in schools; tax benefits applicable to certain
goods and activities of the communities belonging to the Federation of Israelite
Communities of Spain; commemoration of Jewish religious holidays and finally, State
cooperation with the Federation of Israelite Communities of Spain with regard the
conservation and furthering of the Spanish historic and artistic heritage of Jewish
origin.
An attempt has been made to
always maintain the most scrupulous respect towards the religious interlocutors'
willingness to negotiate, as the best expression of the specific Jewish doctrines and the
particular requirements of conscience derived from these doctrines, in order to make real
and effective exercise of the right to religious freedom of the members of the Jewish
faith.
1. 1. The rights and
obligations derived from the Act by which this present Agreement is approved shall apply
to the Israelite Communities that, being inscribed in the Registry of Religious Entities,
are part of or later join the Federation of Israelite Communities of Spain, as long as
their membership is recorded in the afore mentioned Registry. 2. The incorporation of the
Communities to the Federation, for the purpose of their proof in the said Registry, shall
be accredited by means of a certificate issued by the Secretary General of the Federation
of Israelite Communities, signed by the Executive Secretary with the approval of the
Secretary. The annotation of their withdrawal or exclusion shall be made at the request of
the Community in question or the General Secretariat of said Federation.
3. The certification of religious
purposes, required by Royal Decree 142/1981 of 9 January, for the registration of
religious associative entities constituted as such in accordance with the regulations
governing the Israelite Communities, may be issued by the General Secretariat to the
Federation of Israelite Communities of Spain.
2. 1. For all
effects, the buildings or premises designated permanently and exclusively to worship or
religious assistance shall be considered places of worship of the churches belonging to
the Federation of Israelite Communities of Spain when this has been certified by the
respective Community and endorsed by the by the General Secretariat of the Federation of
Israelite Communities (FIC).
2. The places of worship of the
Communities belonging to the FIC enjoy immunity under the terms established by law.
3. In the event of obligatory
expropriation, the General Secretariat of the FCI shall be first heard, except in cases of
emergency, security and national defence or for serious reasons of public order or
security.
4. The places of worship of the
FIC Communities shall not be demolished unless they are first divested of their religious
nature, except in those cases foreseen by the law, in cases of emergency or danger.
5. Places of worship may be
included in the Registry of Religious Entities.
6. Jewish cemeteries shall be
entitled to the legal benefits laid down in this article for places of worship. Israelite
Communities that are members or the FIC are entitled to assign the plots reserved for
Jewish burial in municipal cemeteries, as well as to own private Jewish cemeteries,
subject to the provisions of local government laws and health regulations. All due
measures shall be adopted to observe traditional Jewish rules regarding interments, graves
and funeral rites, which shall be conducted by the local Jewish Community. The right to
transfer the remains of the Jewish deceased to cemeteries belonging to the Israelite
Communities, both form tombs in municipal cemeteries and from towns in which there is no
Jewish cemetery, is hereby acknowleged.
3. 1. For all legal
purposes, ministers of the Communities belonging to the Federation of Israelite
Communities of Spain shall be those persons holding a rabbi=s diploma and devoted on a
permanent basis, to the duties of worship or religious assistance and who can vouch for
the fulfilment of these requirements with a certificate issued by their respective
Community, with the conformity of the General Secretariat of the FCI. This FIC certificate
may be included en the Registry of Religious Entities.
2. Those ministers of Communities
belonging to the FIC are not obliged to divulge information revealed to them in the
exercise of their duties of worship or religious assistance.
4. 1. Community
dignities belonging to the Federation of Israelite Communities in Spain are subject to the
general resolutions concerning Military Service. If requested, they shall be assigned to
missions compatible with their office.
2. The courses studied in the
rabbi schools designated by the Federation of Israelite Communities of Spain shall entitle
students to an extension of the period before which they must join the military in
fulfilment of their military service, under the terms established in the legislation in
force on Military Service.
To request this extension, the
above-mentioned courses must be vouched for with a certificate issued by the corresponding
teaching centre.
5. Under the provisions of
Article 1 of Royal Decree 2398/1977 of 27 August, the ministers of the Communities
belonging to the Federation of Israelite Communities of Spain who fulfill the requirements
expressed in Article 3 of this Agreement, shall be included in the General Social Security
system, under employee status and under the same terms and conditions as the laws in force
applies to Roman Catholic clergymen. Such protection will be extensive to their families.
The respective Communities shall assume the rights and obligations established for
employers under the General Social Security system.
6. For all legal purposes,
functions set out under Jewish law and tradition shall be considered to be the functions
characteristic of the Jewish religion, including the religious functions deriving from the
rabbinic office, worship, administration of ritual services, rabbi training, teaching the
Jewish religion and tendering spiritual support.
7. 1. Civil effects of
marriages held in accordance with formal Jewish rules and officiated by dignities
pertaining to the Federation of Israelite Communities of Spain member Communities shall be
acknowledged. Full recognition of such validity shall call for registration of such
marriages in the Civil Registry.
2. Those who wish to be married
according to the rite contemplated in the preceding paragraph shall be responsible for
requesting their records before the marriage is to take place, from the person in charge
of the corresponding Civil Registry Office.
3. Once this step has been
carried out, the person in charge of the Civil Registry Office shall issue, in duplicate,
a certificate establishing that the marriage partners have legal capacity to marry. This
certificate should be delivered by them to the minister who will celebrate the marriage.
4. In order for the marriage to
be valid under civil law, consent must be given in the presence of the minister
officiating the ceremony and at least two adult witnesses, within six months of the issue
of the certificate of matrimonial capacity.
5. Once the marriage has been
celebrated, the officiating minister shall issue, in the certificate of matrimonial
capacity, a record of the proceedings of the marriage which shall include the necessary
requisite for inscription and the names of the witnesses. One of the copies of this
certificate shall be immediately sent to the person in charge of the competent Civil
Registry Office for registration, and the other copy shall be kept as a record of the
marriage in the files of the officiating minister.
6. Without prejudice to the
responsibilities, if applicable, and the rights acquired in good faith by third parties,
the registration may take place at any time, upon presentation of the certificate
described in the previous section.
7. The rules of this article
relating to the procedures for effective exercise of the rights stipulated herein shall be
adopted to accommodate any future amendments which may be made to the legislation
regarding the Civil Registry, after hearing the recommendations made by the Federation of
Israelite Communities of Spain.
8. 1. The right shall be
recognized of all military personnel of the Jewish faith, whether or not they be
professionals, and of all persons of said religious belief serving in the Armed Forces, to
participate in religious activities and rites inherent to Jewish religion, subject to
authorisation by their superiors, who shall endeavour that these be compatible with the
needs of service, facilitating the places and suitable means for this purpose.
2. Jewish military unable to
comply with their religious obligations because there is no synagogue in the place they
are stationed, may be authorised to comply therewith in the closest synagogue in the
vicinity, service permitting.
3. Religious assistance shall be
dispensed by ministers designated by the Communities belonging to the Federation of
Israelite Communities of Spain, and authorized by the Military Commanders, who shall
extend the necessary cooperation so that these ministers may carry out their duties under
the same conditions as those ministers of other churches, faiths or communities that have
signed Agreements of Cooperation with the State.
4. The corresponding authorities
shall notify the families of the decease of Jewish servicemen occurring while the are in
the service of the military, so they may receive Jewish funeral rites an d be buried in
accordance with Jewish practice.
9. 1. The exercise
of the right to religious assistance is guaranteed for persons in prisons, hospitals,
welfare or other similar public centres or establishments, provided by ministers
designated by the Communities belonging to the Federation of Israelite Communities, as
endorsed thereby. Such designation shall be subject to authorisation bay the corresponding
administrative bodies. Public centre and establishment management shall be bound to
forward the request for spiritual support received from interns or their families to the
corresponding Israelite Community if the parties concerned are unable to do so personally.
2. For this purpose, the
ministers shall have free and unrestricted access to the above-mentioned centres, with no
limitations on visiting hours. Religious assistance will be given with due respect to the
principle of religious freedom and in observance of the organisational rules and internal
system of the centres. With respect to penitentiaries, religious services shall be
conducted in accordance with the provisions of the penitentiary laws.
Religious assistance referred in
this article shall include assistance given to moribund, as well as funeral services
according to Jewish rite.
3. The expenses incurred to
provide afore spiritual assistance shall be the responsibility of the respective
Communities, without prejudice to the use of the premises that, for that purpose, exist in
the corresponding centres.
10. 1. In order to make
the provisions of Article 27.3 of the Constitution, and General Act 8/1985 of 3 July,
regulating the right to education, and General Act 1/1990, of 3 October, concerning the
General Provisions of the Educational System, students, their parents and those school
organisms so requesting, shall be guaranteed the right to receive Jewish religious classes
in public and private subsidised schools, at the primary, elementary and secondary levels,
as long as the exercise of this right is not in conflict with the nature of the centre.
2. Jewish religious education
shall be imparted by teachersdesignated by the Communities belonging to the Federation of
Israelite Communities, in compliance with this Federation.
The contents of Jewish religious
education, and the text books relative to the same, shall be determined by the respective
Communities in compliance with the Federation of Israelite Communities.
4. The public and private
subsidised schools referred to in
this article shall provide
premises suitable for the exercise of this right, in accordance with the carrying out of
teaching activities.
5. Communities belonging to the
Federation of Israelite Communities may, by agreement with the academic authorities,
organize courses of religious teaching in public universities, using the premises and
resources of these universities.
6. Communities belonging to the
Federation of Israelite Communities of Spain may establish and run schools on the
educational levels named in paragraph 1 of this article, as well as religious universities
and seminaries of religious nature, subject to general legislation in force concerning
this matter.
11. 1. The Communities
that belong to the Federation of Israelite Communities may freely request services of
their followers, organise public collections and receive offerings and donations.
2.The following operations shall
not be subject to any tax:
a) In addition to the concepts
named in paragraph 1 of this article, the provision of publications of religious nature ,
delivered directly to members by the Communities belonging to the Federation of Israelite
Communities, as long as this is free.
b) The teaching of religion in
Federation of Israelite Communities member community training centres , intended for the
training of ministers and which exclusively impart classes on rabbinic studies.
3. The Communities belonging to
the Federation of Israelite Communities shall be exempt from:
A) Real estate tax and the
special contributions that, where appropriate, correspond to the property owned by them:
a) Places of worship and branch
offices or building and annexed premises, designated as places of worship or religious
assistance.
b)Premises designated as offices
for the Communities belonging to the Federation of Israelite Communities.
c) Centres devoted to training
dignities, when used only for courses relating to rabbinic studies.
B) Corporation tax, under the
terms stipulated in paragraphs 2 and 3 of Article 5 of Law 61/1978, of 27 December,
regulating this tax.
Increases in wealth obtained
gratuitously by the Communitiesbelonging to the Federation of Israelite Communities shall
also be exempt from corporation tax, as long as the goods and rights acquired are intended
for religious or assistance activities.
C) Transfer tax and stamp duty,
as long as the respective goods or rights acquired are intended for religious or
assistance activities, under the terms established in the Consolidated Text of such Tax
approved by Royal Legislative Decree 3050/1980, of 30 December, and its By-Laws, approved
by Royal Decree 3494/1981 of 29 December, in keeping with the requirements and procedures
established for this exemption.
4. Without prejudice to the
stipulations in the preceding paragraphs, the Communities belonging to the FIC shall have
the right to other tax benefits provided by the legal tax code of the Spanish state at any
given time for non-profit organisations and, in any case, those granted to private
charitable organisations.
5. The associations and entities
created and administered by the Communities belonging to the FIC are dedicated to
religious, charity, teaching, medical and hospital or social service activities, shall
have the right to tax benefits provided by the legal tax code of the Spanish State at ant
given time for non-profit organisations and, in any case, for those granted to private
charitable organizations.
6. Income tax regulations shall
govern the treatment given to donations made to the Communities belonging to the
Federation of Israelite Communities, including any applicable deductions.
12. 1. The weekly
day of rest for the followers of the Communities belonging to the FIC may, with the
agreement of all parties, include Friday evening and all of Saturday, in lieu of the day
provided by Article 37.1 of the Workers' Statute as the general rule.
2. The holy days listed below
which, according to the Jewish law and tradition, are religious holidays, may replace
those established in article 37.2 of the Workers= Statute as the general rule, under the
same terms of paid holidays, with no time pay-back, at the request of the persons
indicated in the preceding paragraph and under the conditions provided therein.
- New Year (Rosh Hashaná) 1st
and 2nd day.
- Day of Atonement (Yom Kippur)
- Cabin Holiday (Succoth), 1st,
2nd, 7th and 8th day.
- Passover (Pesaj). 1st. 2nd,,
8th and 9th day.
- Pentecost (Shavuot), 1st and
2nd day.
3. Jewish students enrolled in
public and agreed private subsidised schools, shall be exempted from attending class or
taking examinations on Saturday and on the holy days referred to in the preceding
paragraph, if so requested by the students themselves or by those with parental authority
or guardianship.
4. Examinations, competitive
state examinations or selective tests convened for employment in Public Administration
jobs that are to be held during the period expressed in the preceding paragraph, shall be
set for an alternative date for Jews requesting it, unless otherwise warranted by just
cause.
13. The State and the
Federation of Israelite Communities of Spain shall cooperate to conserve and further
Jewish historic, artistic, and cultural heritage which shall remain at the service of
society, for contemplation and study.
Such cooperation shall include
drawing up a catalogue and inventory of such heritage as well as the creation of Trusts,
Foundations or other institutions of a cultural nature.
14. 1. In accordance
with the spiritual dimension and specific peculiarities of Jewish tradition, the
denomination Casher and variations thereof, Kasher, Kosher, Hashrut and all
of these associated with the terms U, K or Parve serve to distinguish food
and cosmetic products prepared in accordance with the Jewish law.
2. In order to protect the proper
use of such denominations, the FIC must apply for and obtain registration of the
corresponding trademarks from the Patent and Trade Mark Office, pursuant to the legal
standards in force.
Once the above requirements are
met, products bearing the FIC mark on the package shall be guaranteed, for the intents and
purposes of marketing, import and export, to have been prepared in accordance with Jewish
law and tradition.
3. The slaughtering of animal in
accordance with Jewish lawsustabide by health standards in force.
First Additional Provision. The
Government shall notify any legislative initiatives that may affect the contents of this
Agreement to the Federation of Israelite Communities of Spain, in order that the
Federation may give its opinion on the matter.
Second Additional Provision. The
present Agreement may be denounced by either parties who have endorsed it, who must notify
the other six months in advance. The Agreement may also be subject to full or partial
revision, by request of either party, without prejudice to its subsequent parliamentary
transaction.
Third Additional Provision. A
Joint Commission shall be constituted representing the Administration and the Federation
of Israelite Communities of Spain for the implementation and monitoring of this Agreement.
Final Provision. The
Government shall be authorized, by proposal of the Minister of Justice and, if
appropriate, in jointly with those Ministers competent in this matter, to dictate the
necessary provisions for the development and implementation of the stipulations of this
Agreement.