Federal Law of Austria Převzato z www stránky: Platnost
od: 10. 01. 1998 The
Parliament has decided: Definition
of a Religious Belief Community §1. Religious Belief Communities in the sense of the Federal law are associations of adherents of a religion which is not legally recognized. §2. (1) Religious Belief Communities
aquire this legal personality, according to this Federal law, by application
to the Federal Minister for Education and Cultural Affairs after expiry of a
period of six months from the date of filing the application provided that a
response refusing this legal personality (according to paragraph 5) has not
been delivered. (2) The
Federal Minister for Education and Cultural Affairs must announce the receipt
of applications according to paragraph 1 in the official gazette of the
Wiener Zeitung (3) A
decree announcing the acquisition of this legal status must be issued and
must include the name of the religious belief community, those legally
responsible for the community. (4) With
the decree according to paragraph (3) above the Federal Minister of Education
and Cultural Affairs must enact the dissolution of those associations having
the purpose of spreading the religious doctrine of the concerned religious
belief community. (5) When
a religious belief community is newly formed by cancellation of an
association, which served and supported the concerned religious beliefs, then
it must be considered, for purposes of taxation, as a simple change of legal
form and further continuation of the same legal personality. (6)
Religious belief communities with a legal personality according to this
Federal law are entitled to call themselves "state registered religious
belief community." Application
of a religious belief community for acquisition of the legal personality §3. (1) The application of the religious belief community for acquisition of legal personality must be done by the representatives of the religious belief community. The authorisation of representation must be documented. Furthermore an official address must be stated. (2)
Statutes and complementing documents must be included with the application
explaining the content and practice of the religious belief. (3)
Together with the application it must be proven that the religious community
has at least 300 members whose residence is in Austria and who do not belong
to a religious belief community with a legal personality according to this
Federal law or to a legally recognized church or religious community. (4)
Associations existing in the Federal area whose purpose is the dissemination
of the religious doctrine of the religious belief community are parties in
this application procedure; they are to be listed and included in the
application. Statutes §4. (1) The statutes must include: 1. The name
of the religious belief community has to be such that it can be associated
with the doctrine of the religious belief community and in such a way that it
excludes confusion with existing religious belief communities with legal
personality and legally recognized churches and religious communities or
their institutions. 2. The
description of the religious doctrine must be different from the doctrines of
existing religious belief communities according to this Federal law and from
the doctrines of legally recognized churches and religious communities. 3. The
description of the purposes and goals resulting from the religious doctrine
of the religious community and rights and duties of the members of the
religious belief community. 4. Regulations
concerning how to become a member and cease to be a member, whereby the
cessation must be guaranteed in any case according to §8. (1). 5. The way
to appoint those responsible for the religious belief community, their
functions and sphere of influence, location and responsibility within
Austria. 6. External
representation of the religious belief community. 7. The
means to raise funds to fulfil economic requirements. 8. Regulations
covering the possibility of cancellation of the legal personality whereby it
must be specifically guaranteed that claims against the religious belief
community will be executed according to the laws and that the assets of the
religious belief community are not used for purposes contrary to its goals. (2) The statutes can also provide for the possibility that local sub-entities which are part of the religious belief community can acquire their own legal status. In this case the statutes concerning these entities must determine: 1. the
local zone of responsibility 2. those
responsible for the sub-entity 3. regulations
concerning the legal transfer in the event of cancellation of the legal body Rejection of the Acquistion of Legal Status§5. (1) The Federal Minister for
Education and Cultural Affairs must refuse acquisition of legal status if 1. it is
necessary when the doctrine or its application are contrary to the interests
of public security in a democratic society, or contrary to public order,
health and morals, or for the protection of the rights and freedoms of
others; this would be the case specifically when there is incitement to
illegal conduct which is punishable by law, in the case of hindrance of the
mental development of juveniles, in the case of violation of mental integrity
and the application of psycho-therapeutic methods, specifically for the
purpose of conveying the belief . 2. the
statutes do not fulfill §4. (2) The refusal of the legal status has to be announced in the official gazette of the Wiener Zeitung. Acquisition
of Legal Status for Local Sub-Entities of a Religious Belief Community §6. The acquisition of the legal status for the local sub-entity of a religious belief community requires an application by the religious belief community to the Federal Minister for Education and Cultural Affairs and is effective on the date of receipt. The Federal Minister for Education and Cultural Affairs must acknowledge receipt of the application. Notification
Duties of the Religious Belief Community with Legal Status §7. Religious belief communities and
sub-entities with legal status must report the relevant names and addresses
of those legally responsible as well as any change of statutes immediately to
the Federal Ministry of Education and Cultural Affairs. Refusal must be
notified in writing in the case when the Ministry discovers that the
appointment of any responsible is in violation of the statutes or if the
change of statutes would give reason for rejection according to §5. Cessation
of Membership of a Religious Belief Community §8. (1) Membership of a religious belief community ceases in any case by a declaration of resignation at the District Administrative Office which must then announce the resignation to the concerned religious belief community. (2) No
fees may be claimed because of this resignation. Cessation
of Legal Status §9. (1) The legal status ceases by 1. Self-dissolution
which must be announced in writing to the Federal Minister of Education and
Cultural Affairs. 2. Cancellation
of the legal status. (2) The
Federal Minister of Education and Cultural Affairs must cancel the legal
status of a religious belief community or its sub-entity when 1. it does
not fulfill or no longer fulfills the essential requirements needed for the
acquisition of the legal status 2. does not
have anyone legally entitled to act for the entity for at least one year. 3. the
conditions for cancellation of the legal personality as given according to §5
exist and despite requests for this to be corrected they continue to exist or
4. conduct
continues to be contrary to the statutes despite requests for this to cease. (3) The cancellation of the legal status must be announced in the official gazette of the Wiener Zeitung. Register
Concerning Religious Belief Community with Legal Status §10. (1) The Federal Minister of Education and Cultural Affairs must keep a register of religious belief communities with legal status. This must contain : 1. the name
of the religious belief community 2. the
legal status' of its sub-entities 3. the file
number and date of the decree according to §2.(3) 4. those
legally responsible to represent or sign for the community 5. the
reason, on cancellation of legal status (2) The register is public. (3) Upon
request, anyone must be given information concerning the address of the
religious belief community and those legally responsible members. Furthermore
a confirmation must be issued upon request of the religious belief community
or otherwise by persons or institutions which have a justified interest, and
this confirmation must certify, according to the given statutes as well as
according to the notifications according to §7, those who are legally
responsible to represent the community. Additional
Pre-requisites for Recognition of Religious Communities §11. (1) Additional prerequisites to those prerequisites which are described in the law concerning the legal recognition of religious communities, RGBl. Nr.68/1874. 1. Existence
as a religious community for at least 20 years of which at least 10 years as
a religious belief community with legal status in the sense of this Federal
law. 2. Number
of followers in the amount of at least 2 per thousand of the population of
Austria according to the latest census. 3. Income
and assets must be used for religious purposes (which also includes
charitable and benevolent purposes justified by the religious purpose). 4. Positive
basic attitude towards society and state. 5. No
illegal disturbance of relationships to the existing legally recognized
churches and religious communities as well as other religious communities. (2) This
Federal law is applicable for ongoing administrative procedures which are
based on the law concerning the legal recognition of religious communities.
Applications for recognition as a religious community are to be considered as
applications according to §3 whereby the date of enforcement of this Federal
law is considered to be the date of filing. Final
Regulations §12. This Federal law will come into force on the day following official notification. §13. The Federal Minister of Finance
is responsible for the execution of §2.(5) whilst otherwise it being the
responsibility of the Federal Minister of Education and Cultural Affairs. |