2011 Religious Law

8/3/2019 2011 Religious Law

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Act C. of 2011 on the Right to Freedom of Conscience and Religion and on the Status of

Churches, Religions and Reiligious Communities

Preamble

Churches and religious communities in Hungary are outstandingly important factors of

society representing values and creating communities that beside their activities related to

belief perform a significant role in the life of the country by their educational, training, higher

educational, medical, charity, social, family, child and youth protection, cultural, sports and

other functions as well as by taking care about the national conscience. Hungary recognizes

and supports the Churches and religious communities playing a determinant role in the life of

the Hungarian communities abroad.

The Parliament

- in order to realize the freedom of conscience and religion, to ensure the autonomy of

Churches by regulating their relations with the State while respecting the conviction ofothers;

- with respect to the Universal Declaration of Human Rights, the European Conventionon the Protection of Basic Human Rights and Freedoms, further to other international

documents related to the basic human right of freedom of conscience and religion; also

taking into consideration that according to Article 17. of the Contract about

functioning of the European Union the European Union respects and does not change

the status enjoyed by the Churches, religious associations or religious communities in

the member States;

- in full harmony with the Basic Law having in mind the constitutional requirement ofseparate functioning of State and Church while implementing the principles based on

mutual advantages of the cooperation;

- continuing the traditions contained by the Acts guaranteeing religious freedom,especially that embodied by the Act IV. of 1990 on the Freedom of Conscience and

Religion and on the Churches;

- with regard to the world view neutrality of the state and to the effort aiming atpeaceful coexistence among religions;

- respecting the agreements concluded with Churches;- recognizing that the cue to promote public good is respect for the dignity of the human

person making possible not only for people and families but also for the Churches to

fulfill their mission freely;

- especially recognizing the outstanding role of the Churches playing continuouslydeterminant role in the history and culture of Hungary

adopts the following fundamental Act in order to implement the Basic Law based on its

Article VII, Paragraph (3)

Chapter I

The right to freedom of conscience and religion

Article 1


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1) Hungary acknowledges the freedom of conscience and religion2) The right to conscience and religion includes free selection, acception or

change of religious or other spiritual conviction and free manifestation and

confession of the conviction.

3) The right to conscience and religion also includes the freedom of any naturalperson to demonstrate, exercise, teach religion or othe conviction by services orother activities individually or together with others, publicly, even by means of

communication or in the private life or to avoid demonstration of the religion or

other conviction.

Article 2

1) The exercise of the right to conscience and religion has to be made possibleboth on individual and collective levels also for those accommodated in educational,

medical, social, child and youth protection institutions and for those deprived of their

liberty in the institutions of the Prison Service.2) The right to conscience and religion can be freely exercised by those being in

service relationship with law enforcement and defence organs in compliance with the

system of functioning of the organ and with the performance of the duty of defence.

Article 3

Parents and guardians have the right to decide about and correspondingly look after

the religious and moral education and tuition of the minor children.

Article 4

1) Nobody may take advantage or suffer disadvantage because of the selection,acception, manifestation, confession, change or exercise of the religious or

spiritual conviction.

2) The exercise of the right to conscience and religion may only be restricted in

accordance with Article I, Paragraph (3) of the Basic Law. 1

Article 5

State authorities may not collect data related to the right of conscience and religion,

nor may they maintain registries about them. During a census data may be requested

without the obligation to answer and without the possibility to identify the respondent.

1Acts of Parliament determine the norms related to basic rights and duties. A basic right can

be restricted in the possibly minimal extent, in proportion to the goal to be achieved and withrespect to the essential content of the basic right in order to enforce another basic right or to

protect some constitutional value.


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Chapter II

Status of the Churches, religions and religious communities

Article 6

(1) In the course of implementation of the present Act religious activities are those

related to a certain world view aiming at the supernatural, containing systematized

principles of belief. The theses of a religion target the whole reality embracing the

total personality by requiring particular behaviour not violating the morals and human

dignity.

(2) The following activities cannot be qualified in themselves as religious ones

a. political and political advocacy

b. pschychical or parapsychicalc. therapeuticd. economic, businesse. educationalf. trainingg. higher educationalh. medicali. charity

j. family, child and youth welfarek. culturall. sportm. protection of animals, environment or naturen. data processing activities beyond those needed for the exercise of the

religion.

o. social support activities

Article 7

1) The Church, the religion, the religious community (hereinafter: Church) is anorganization consisting of natural persons, confessing the same principles of belief.

The organization has self-government and autonomy and functions predominantlyfor the purposes of religious activity. In the implementation of the present Act

religions and religious communities qualify as Churches.

2) The persons confessing the same principles of belief, having full legal capacityand residence in Hungary have the right to establish a Church in order ot exercise

their religion.

3) A Church may carry out such religious activities that are not in contradictionwith the Basic Law, violate neither any piece of legislation, nor the rights and

freedoms of other communities or human dignity.

4) The name Church may only be used by an organization registered accordingto the present Act.

Article 8


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1) Church and State function separately in Hungary2) The State cooperates with the Church for the purposes of community goals.3) The State may through her competent organs conclude agreements with

Churches of outstanding importance, enjoying social support, preserving cultural

values, maintaining institutions for education, training, higher education, medicalcare, charity, social, family, child or youth protection activities, culture or sports

(hereinafter: public purpose activities) in order to ensure their functioning.

Article 9

1) The Churches bear the same obligations and they enjoy the same rights.2) The State may take into consideration the actual social role and the public

purpose activities carried out by the Churches in the course of adopting further

legal norms related to and maintaining contacts with them.

Article 10

1) The State may not operate nor establish any organ to control or to superviseChurches.

2) Decisions adopted according to the principles of belief or to internalregulations or decisions made by the organs of a Church may not be enforced by

State compulsion, those may not be investigated by State authorities. A decision

made by a Church legal person based on the internal, ecclesiastical rules may not

be changed or revised by any State organ, there is no competence of any State

organ to adjudicate in legal disputes emerging from internal legal relations not

covered by secular legislation.

3) The Church handles personal data related to the religious activities accordingto its internal regulations. It may not publish them neither forward to others

outside the Church without the consent of the person concerned.

The Church as Legal Person

Article 11

1) The Church is a legal person acquiring its legal capacity by registration. For therecognition of an association as a Church two third majority of the votes of theMembers of Parliament shall be needed.

2) An internal unit or organ of the Church being a legal person according to theinternal regulations of the Church is a legal person (internal ecclesiastical legal

person).

3) An organization established by the Church having legal capacity based onanother piece of legislation (an organization established due to the law on

associations, foundations, business companies) but not according to the internal

regulations of the Church does not qualify as a Church legal person.

4) Internal ecclesiastical legal persons can be separately registered based by the

Minister responsible for Church contacts (hereinafter: Minister) on the request ofthe whole Church or the representative of the highest Church organ. The registry


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indicates the internal ecclesiastical legal persons as organs of the given Church.

5) Legal personality of other internal ecclesiastical legal persons not mentioned inParagraph (4) shall be confirmed by the Church as a whole, by the representative

of its highest organ or of the next superior Church organ whose name had been

communicated to the Court or by an official of the Churc entitled to that.

The Institutions of the Churches

Article 12

1) The Church legal person may establish and operate institutions carrying outeducational, training, higher educational, medical, charitable, social, family, child

or youth protection, culture or sport activities. These institutions may have legal

personality according to the internal regulations of the Church.

2) A Church institution is committed to a certain world view therefore particularconditions required to preserve the special identity can be set for the entry, for

establishment, maintaining and terminating of a legal relationship aiming at

employment.

Church Persons

Article 13

1) A Church Person is a natural person in the service of the Church according toits internal regulations and designated as such by the competent representative of

the Church.

2) A Church person can perform his service in special ecclesiastical servicerelationship, labor relationship or in another legal relationship.

3) A Church Person is not obliged to disclose pieces of information related topersonality rights, learned in the course of his spiritual service.

4) Church persons enjoy enhanced protection in criminal law and in the lawcovering administrative violations.

Chapter III

Norms related to registration of Churches

Article 14

1) The application aiming at registration of the Church (hereinafter: application)is to be submitted to the Minister by the representative of the association carrying

out also religious activities.

2) Churches listed in Annex of the present Act shall be registered by the Ministeras provided by Article 33, Paragraph (1) of the present Act. The Annex of the

present Act lists the Churches acknowledged by the Parliament.

3) An application aiming at registration of a Church may be submitted if


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a. the association (all applicants are identified as associations, former Churchstatus covers that) carries out, first of all, religious activities;

b. it possesses a set of principles of confession expressing the essence of itsteaching and rites;

c. functions in Hungary at least for 20 years in an organized form as an

association. The time referred to includes that of functioning as a Churchbefore the introduction of the Act;

d. the association has adopted its Statute, internal laws, regulations fororganization and functioning, or other documents equivalent to the listed ones;

e. the organization has elected its organs for representation and management;f. its members declare that the organization established by them does not function

against the Basic Law, its activities do not violate legal rules or others rights

or freedoms.

Article 15

1) The application aiming at registration of the Church has to have the followingattachments.

a. a credo containing the essence of teachings or a summary of majorreligious teachings

b. certification of the fact that the organization has been functioning for thetime determined by Article 14, Paragraph (3), Subparagraph c.).

c. a list containing the names, residence in Hungary, signatures of at least onethousand natural persons;

d. the Statute, the document of establishment, internal laws, regulations fororganization and functioning or other regulations corresponding to these,

the minutes of the meeting for establishment of the organization, the list of

the persons present on that meeting, and copies of the documents on

justification of use of the site of operation.

e. the data making possible the personal identification of the members oforgans of management and representation

f. a declaration of the members that the organization established by themdoes not contradict to the Basic Law, does not violate legislation and toes

not violate the rights and freedoms of others.

g. a declaration of the representative organ that the organizations name, its

set of symbols, system of services is not identical and cannot be mixed upwith the name, symbols and ceremonies of a Church already registered;

h. a simplifyed account for 5 years or a simplified yearly account or anaccount equivalent with these;

i. certificate of the Central Registry of Personal Data and Addresses aboutconfirmation of the data submitted.

(2) The person submitting the application aiming at registration of the Church has to

give his personal identification data in the application.

(3) The applicant bears criminal responsibility for the validity of the data submitted.

(4) The registry contains the following dataa. registry number


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b. the name, eventually abridged name or the publicly known name of the Churchc. site of the Churchd. the name, residence of the representative of the Church, the character of

representation

e. presentation of the image and description of the coat of arms and logo of the

Church(5) Data to be registered in case of necessity.

f. in case of modification of the establishing documentaa.) date of modification of the establishing document

ab.) number of the decision on registration of the modification, the day of its

entering into force

Article 16

1) If the Association meets the conditions set in Article 14 the Minister submitsthe application aiming at registration of the Church to the Parliament

2) Change in the registered data have to be communicated to the Minister within15 days from the change.

3) Registration of a Church has to be refused by the Minister if the conditionswritten in Article 14 are not met. If the conditions are not met the Parliament shall

not decide about the application aiming at registration.

4) Even in case of meeting the conditions written in Article 14 a communityagainst which the competent State organ has established national security risk

cannot be registered as a Church.

5) If the registration of the Church is applied for repeatedly within 8 days fromcommunication of the decision on refusal of registry of the Church, the legal

consequences of refusal may not apply and the documents submitted can be used

one more time again. Justification of exceeding the deadline is not permitted.

6) In case of refusal of registration of a Church a new application aiming atregistration may not be submitted repeatedly within one year.

7) For the registration of an internal ecclesiastical legal person and for theregistration of changes the norms related to registration of the Church apply with

the following particularities

a. the registration shall be done based on the request of the Church as a whole, bythe representative of its highest organ or of the next superior Church organ;

b. the registration shall be done under the registry number of the Church;c. the request will be checked by the Minister only in formal aspect;

Article 17

Before the registration of a Church the Minister will designate experts selected according to

the conditions to be defined in another piece of legislation in order to clear whether the

conditions related to the religious activities set by the Act be met. No member of the

management or representative orgen of a Church or a Church legal person may be designated

to act as an expert.

Article 18

Data indroduced into the registry determined by the present Act are public.


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Chapter IV.

Activities of the Churches

Article 19

1) The Church carries out, first of all, religious activities, operating according toits principles of belief and system of ceremonies.

2) The Church may undertake a part in the service for social value creating,therefore it may carry out public purpose activities.

3) The Church is entitled to carry out according to the present Act other activitiesnot qualifying as economic-business ones or to carry out business activities beside its

basic function, further it has the right to establish civilian organizations or toparticipate in them.

4) The public purpose activities and institutions of the Churches are entitled tofinancing from the State Budget in equal amount with institutions of the State or Local

Governments carrying out similar activities. The content of the labour relathinship in

these institutions, the salaries, the working and leisure time corresponds with those in

public employee relationship.

5) Central policy measures on salaries related to employees of the State or LocalGovernment institutions apply under equal conditions to the staff of the institutions

maintained by Churches referred to in Paragraph (4).

6) Based on particular departmental pieces of legislation Churches are entitled toget subsidies from the subsystems of State Budget, from European Union resources or

from programmes financed ont he basis of international agreements within a tender or

based on individual decision outside the procurement system.

7) Provisions of the present Chapter have to be implemented appropriately alsofor Church legal persons.

Article 20

1) The incomes of the Churches originate, first of all, from the donations andother contributions of natural persons, legal persons and organizations not having legalpersonality.

2) Churches may participate in civil legal relations within any restriction.3) A Church legal person may according to the ways determined in its internal

laws and regulations collect donations.

4) The following activities do not qualify Article 6, Paragraph (2) does notapply here as economic-business ones in relation of Churches.

a. operating religious-spiritual, educational, training, higher educational, medical,charitable, social, family, child or youth protection, culture or sport institutions or

carrying out these activities or environmental protection;

b. utilizing a holiday house by providing service for Church personsc. producing or selling publications and religious objects necessary for the religious


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spiritual activities;

d. partial utilization of a real estate used for Church purposes;e. maintaining of a cemetery;f. selling immaterial goods, objects and supplies (also payment for work clothing)

serving exclusively religious-spiritual, educational, training, higher educational,

medical, charitable, social, family, child or youth protection, culture or sport purposes;g. providing supplementary service to religious-spiritual, educational, training, higher

educational, medical, charitable, social, family, child or youth protection, culture or

sport activities and utilization of the means to be used for these purposes without the

goal of gaining profit.

h. producing and selling products, study books or textbooks, publications or papers in thecourse of performing public tasks taken over from the State or Local Governmnets.

i. proportion of interest, dividend or other gain from stocks received from banks orissuer of the stock based on transferring of liquid financial means to accounts or

stocks equivalent with the proportion of non-economic-business activities compared

to the whole income.

j. operating a pension system or pension found for self-care of Church persons.

(5) Churches may be awarded tax exemptions and other benefits equivalent to them.

Article 21

1) Incomes serving religious-spiritual purposes and their use may not be revisedby any state organ. Offering a determined part of the personal income tax, its

budgetary complement, payment replacing that, rates after real estates and their

supplement qualify as incomes serving religious-spiritual purposes.

2) Incomes of Churches and internal ecclesiastical legal persons originating fromstate subsidies not for religious-spiritual purposes and their use have to be accounted

by the Churches and internal ecclesiastical legal persons according to the Act on State

Budget and to other pieces of legislation on accounting.

3) Revision of using subsidies given to Churches not for religious-spiritualactivities but for specified purposes shall be done by the National Audit Office while

revision of subsidies paid from the State or Local Government Budget or from

international sources with the participation of the State will be determined by

legislation.

Article 22

The State gives possibility for the Churches in a procedure determined by a particular piece

of legislation to express their opinion about legislative drafts and concepts in the course of

preparing legal norms.

Article 23

Churches enjoy enhanced criminal and administrative-violation-law protection with special

regard to undisturbed ceremonies and Church government, further to the preservation of

church buildings, cemeteries and other sacred sites.

Article 24


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1) The Churches may according to the needs of pupils and their parents conduct spiritual teaching in the educational and training institutions maintained by

the State or Local Governments, further they have the right to conduct religious-

spiritual activities in the institutions of higher education. The public educational

institution has to provide for the material conditions, the time not colliding with other

obligatory school engagements while the Church legal person has to provide for theperson of the spiritual teacher or educator. Financing of the religious education shall

be provided for by the State based on a special law or on the agreements concluded

with the Churches.

2) The Churches may, according to a framework determined by other pieces oflegislation provide military, prison, hospital or other religious service or other

services.

Article 25

1) The name, system of symbols and ceremonies and the commonly used name ofthe Church will enjoy enhanced legal protection. Names and symbols of other

organizations may not create the impression that they or their activities are related to

activities of a Church already registered as such.

2) If a Church person provides service for somebody who is not a member of theChurch or if the service can be related to his Church either directly or indirectly he

will be obliged to clearly communicate or manifest the name of the given Church

before the service or before offering it.

3) The name of the Church the set of symbols attached to it and its publiclyknown name may not be used by any other organization without expressed written

agreement on that use.

Chapter V.

Termination of Churches

Article 26

1) The Church ceases to exist with succession based on the request of its

representative by fusion with another Church (joining or merger).2) If persons or groups of persons leave a Church but the Church continuesfunctioning the new organization emerging by that parting will not be entitled to have

a share from the property of the former Church.

Article 27

A Church shall be terminated without succession if its dissolution has been declared by its

highest organ

Article 28

The Minister shall submit to the Parliament the proposal on termination and deletion of the


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Church if it ceases to function and has not made disposition on its property.

Article 29

In case of termination of a Church without succession its property following the satisfaction

of the claims of creditors shall go into the ownership of the State and has to be used forpublic purpose activities.

Article 30

1) In case of termination of a Church without succession the internal ecclesiasticallegal persons shall also be terminated without succession.

2) In case of termination of an internal ecclesiastical legal person the propertyissues shall be determined by the internal regulations of the Church.

Chapter VI.

Closing provisions

1. Authorizing provisions

Article 31

1) The Government shall reconsider while respecting - the agreements with theChurches performing public purpose activities and depending on the necessity it shall

initiate new ones.

2) The Government may conclude the agreements with the organizations carryingout public purpose activities but not qualified as Churches by the present Act latest by

30 December, 2011.

Article 32

The Government shall be authorized to adopt the regulations on the particularities of reporting

and accounting obligations of Church legal persons in a Decree.

Article 33

1) The Minister shall register the Churches listed in Annex together with theautonomous organs determined by them, further the internal ecclesiastical organs

referred to by Article 11, Paragraph (2) of the present Act within 30 days.

2) A Church listed in the Annex and the internal ecclesiastical organ referred to inParagraph (2) has been functioning continuously independent of the time of the

registration.

3) The Minister will establish a registry identification number following thesubmission according to Paragraph (1) that has to be appropriate for national

identification of the organization. That registry identification number shall bedisclosed for the applicant and the Church will be notified about it.


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Article 34

The Minister shall be authorized to

a. enact the administrative norms related to registration of Churches, to determine thesubstantial requirements of formulas being parts of the application aiming at

registration, the technical and other additional data to be introduced into the registry,

and the norms covering the electronic extract from the Church data;

b. enact a Decree on the status of the experts of the expert body related to the registry ofthe Churches, and together with the Minister responsible for the State Budget the

norms on the expert fees.

2. Provisions related to entry into forceArticle 35

1) The present Act with the exception of the provision included in Paragraph 2 shall enter into force the day following its publication.

2) Articles 1-30, 32-34, and 36 - 38 together with the Annex shall enter into forceon January 1st, 2012.

3. Transitional provisionsArticle 36

1) After entering into force of the present Act with the exception of theChurches listed in the Annex all organizations registered previously as Churches

provided that they meet the conditions set by the law may initiate that the Minister

submit the application aiming at registration as a Church to the Parliament or it may

communicate the data required for the registration according to a particular Act with

special regard to the name, site, representation, and the founding members.

2) In case of failing to comply with the provisions of Paragraph (1) or if theorganization declares that it does not wish to continue its activities the organization

will be terminated without a successor according to the provisions of the present Act.

3) If the representative on 31 December, 2011 makes a declaration oncontinuation of functioning, the content of Paragraph (1) shall aply during theprocedure.

4) An organization registered according to Paragraph (1) shall be the general legalsuccessor of the organization that had been registered before.

5) Organizations becoming associations carrying out also religious activitiesfollowing the entry into force of the present Act shall qualify as civilian organizations

according to the Act about use of a certain part of personal income tax according to

the disposal of the taxpayer and they will be entitled to 1 % that can be offered for

NGO-s provided that they meet the conditions related to legislation covering

associations until June 30 of 2012.

6) After entering into force of the present Act budgetary subsidies related toChurch goals may only be granted to Churches complying with the norms determined


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by the present Act. Functioning of the institutions of public education maintained at

the time of publication of the present Act by Churches being on the registry on

December 30, 2011, transformed according to Paragraph (1) shall be covered by the

central budget until August 31, 2010.

4. Modification of legal normsArticle 37

1) Article 4, Paragraph (1), Subparagraph mb. of the Act No. III. of 1993 onSocial Administration and Social Benefits shall be modified as follows:

mb.) The Church or the Church legal person according to Article 13, Paragraphs (2)

(3) according to the Act . of 2011 on the Right to Freedom of Conscience and

Religion and on the Status of Churches, Religions and Reiligious Communities having

its site in Hungary; other type organizations with legal personality, especially social

organizations, their internal units declared to be legal persons in their Statutes,foundations and their internal units declared to be legal persons in their Statutes,

budiness companies do not qualify as Churches maintaining those institutions.

2) Article 5, Paragraph sb. of the Act XXXI. of 1997 on the Protection ofChildren and on Guardianship Administration shall be modified as follows :

Sb: mb.) The Church or the Church legal person according to Article 13, Paragraphs

(2) (3) according to the Act . of 2011 on the Right to Freedom of Conscience and

Religion and on the Status of Churches, Religions and Reiligious Communities having

its site in Hungary; other type organizations with legal personality, especially social

organizations, their internal units declared to be legal persons in their Statutes,

foundations and their internal units declared to be legal persons in their Statutes,

budiness companies do not qualify as Churches maintaining those institutions.

5. Compliance with the requirements of the Basic Law concerning the quality of

Fundamental Law

Article 38

Chapters II-V and the Annex of the present Act qualify as fundamental according to Article

VII, Paragraph (3) of the Basic Law.

Dr. Pal Schmitt Dr. Laszlo Kover

Annex to Act No. C. of 2011.

Churches, Religions and Religious Communities in Hungary acknowledged by the Parliament


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1 Hungarian Chatolic Church

2 Reformed Church, Hungary

3 Evangelical Church, Hungary

4-6 Jewish Religions

Alliance of Hungarian Jewish Communities of Belief

United Hungarian Israelite Community of Belief (Statusquo Ante)Autonomous Orthodox Israelite Community of Belief

7-11 Orthodox Church

Serbian Orthodox Church County, Buda

Universal Patriarchy of Constantinaple Hungarian Orthodox Exarhate

Bulgarian Orthodox Church, Hungary

Romanian Orthodox Church, Hungary

Russian Orthodox Church, Patriarchy Moscow

12 Unitarian Church, Hungary

13 Baptist Church, Hungary

14 Faith Convention

General Reasons (there was no change in spite of some contradiction with the adopted text)

The Hungarian Nation highly evaluates the historical traditions of the Churches in Hungary,

their efforts made in order to upgrade the moral and spiritual state of the Nation, their faith

based initiatives, also appreciating the a multi-color character of domestic religions together

with the tolerance rooted in historical traditions that always have played a determinant role inthe history of Hungary. King Holy Istvan made Western Christianity to State religion but he

also ensured as well, as his successors functioning of Eastern Christianity. Jewish and

Muslim communities also had the possibility to settle and to carry out activities in Hungary.

From the 16th century several Acts made efforts to guarantee the free exercise of religion both

in Hungary and Transsylvania. The Hungarian National Assembly of 1790-91 declared beside

the Catholic Church the Reformed, Evangelical, and Orthodox Churches to be accepted while

regulating the relations between the two protestant Churches and the State in agreement with

the Churches concerned. It confirmed the rights of the Jewish community as included in the

Tolerance Decree. The Act XX of 1848 established full equality and mutual correlation

among religions legally accepted (Latin, Greek and Armenian Catholic, Reformed,

Evangelical, Orthodox and United) Churches. The Hungarian National Assembly of 1867

legalized the civil and political legal equality of people with Jewish religion. The Act IX of

1868 acknowledged autonomous Metropolitan Churches of Serbs and Romanians and

guaranteed the autonomous rights of Greek-Eastern Religion believers who were neither

Serbian nor Romanian speaking (that is, rights could be enjoyed by all Hungarian nationals of

Orthodox belief).

The laws on Church politics of 1895 declared the Jewish community as an accepted relition,

they widely guaranteed the right to free exercise of religion, while political and civil rights

were made fully independent from religious belonging. They confirmed the equality of

accepted Churches and religions and made possible the activities of acknowledged Churches,

as well. However, those acts had not separated Church and State and had not guaranteed theautonomy of the Catholic Church.


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The Act XXXIII of 1947 terminated the difference between accepted and acknowledged

Churches. The Communist Constitution of 1949 formally separated Church and State but the

emerging dictatorship destroyed the autonomy of the Churches. It exercised State supervision

of Churches restricting their activities to a great extent.

The Act IV. of 1990 widely guaranteed the freedom of conscience and religion and

establishment of Churches. However later developments revealed that the most generousconditions for founding Churches made possibility for abuse of that basic right both in the

field of unjustified acceptance of State subsidies and in having registered organizations

actually carrying out no religious-spiritual activities as Churches.

The Basic Law promulgated on April 25, 2011 declares in its National Credo that King Holy

Istvan made Hungary a part of Christian Europe, it acknowledges the nation-preserving role

of Christianity, appreciates the different religious traditions of our country. According to its

Article VI of the Fundamental Theses everyone has the right to freedom of thought,

conscience, and religion. This right includes includes free selection or change of religious or

other spiritual conviction and also the right to demonstrate, exercise, teach or to avoid

demonstration of the religion or other conviction by religious acts, services or other activities

individually or together with others, publicly, even by means of communication or in theprivate life. Church and State function separated from each other in Hungary. The Churches

enjoy autonomy. For the purposes of community goals the State cooperates with the

Churches. Detailed norms covering the Churches shall be determined by a fundamental Act.

With regard to these and to the content of the Preamble of the Lisbon Treaty amending the

Treaty on Establishment of the European Community taking stimuli from the cultural,

religious and humanist heritage of Europe giving birth to inalienable and inviolable rights of

man, with regard also to the fact that Article 17 of the Treaty on the Activities of the

European Union leaves legislation on Churches in the competence of Member States while

urging open and transparent, regular communication between the Union and the religious

communities, with reference to the European Convention on the Protection of Basic Human

Rights and Freedoms, on the Charter of Fundamental Rights and the relevant OSCE

recommendations, this is to propose that the Parliament adopt the Act on the Right to

Freedom of Conscience and Religion and on the Status of Churches, Religions and Reiligious

Communities

Detailed Reasons

to Article 1

The right to freedom of conscience and religion is acknowledged by Hungary both in the Basic Law

and in the present Bill in accordance with the obligations undertaken in international agreements. The

provisions describe the content of the freedom of conscience and religion: free selection. adoption

or change of religious or other spiritual conviction and its confession. On the other hand, the

Bill also defines the methods of exercise of freedom of religion that can be done via services,

various ceremonies, activities related to education, culture or other fields. It can be done

individually or in a community, publicly, through the means of communications or in the

private life. The law guarantees not only the exercise and teaching of the freedom but also the

right to refrain from it.


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to Article 2

The outstanding institutional areas of exercising the freedom of conscience and religion where

guarantees or exercise of the freedom are done in an extraordinary way by the State are alsodefined by the Bill. These include: educational, social, family, child and youth protection

institutions, prison institutes. Exercise of religion has to be ensured in all these institutions

both individually and in communities. The right to freedom of conscience and religion has to

be guaranteed also for those being in service relationship with law enforcement and defence

organs, of course, in compliance with the system of functioning of the organ and with the

performance of the duty of defence. These rights are provided for even at present, for example

there are agreements between the Government and the Churches concerned related among

others the Military Priest Service remaining in force also after adoption and entering into

force of the present Bill.

to Article 3

Article XVI, Paragraph (2) of the Basic Law declares the right of the parents according to

which they have the right to choose education for their child. The Act details this right of the

parens and the guardian when declaring the possibility of making decision on the moral and

religious education and religious tuition of the child by the parents. The New York Treaty on

the Rights of the Child also requires such a legislation.

to Article 4

Nobody may take advantage or suffer disadvantage because of exercise of religion, especially

because of the selection, acception, manifestation, confession, change of the religiousconviction. This is a consequence of separating Church and State an of the requirement of

legal equality.

This freedom may only be restricted in accordance with Article I, Paragraph (3) of the Basic

Law, that is in the possibly minimal extent, in proportion to the goal to be achieved and with

respect of the essential content of the basic right in order to enforce another basic right or to

protect some constitutional value

to Article 5

According to the provisions of the Bill State authorities may not collect data related to theright of conscience and religion, nor may they introduce such data into registries. The only

exception is collection of data on religious belonging for a census that may be requested

without the obligation to answer and without the possibility to identify the respondent. This

provision guarantees outstanding protection to the data related to freedom of conscience and

religion as a constitutional basic right.

to Article 6

The Bill defines what should be understood under religious activities as they relate to

registration of Churches. They are related to a certain world view aiming at the supernatural,

containing systematized principles of belief. The theses of a religion target the whole reality


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embracing the total personality by requiring particular behaviour not violating the morals and

human dignity.

With regard to that we have to emphasize that the State may not make decisions in theological

questions. It has to guarantee the framework of exercising the right to freedom of conscience

and religion both on individual and collective levels while being entitled to decide the

conditions for recognition of Church status giving the basis for specific rigths such as the oneto Budget subsidies [Constitutional Court decision 4/1993 . (II. 12.)].

In relation to the religious function some activites that do not qualify as such in themselves

are also listed. These are: political advocacy, psychical or parapsychical, medical economic,

business, education, education, higher education, health, charity, family, child and youth

welfare, cultural, sport, animal, environmental and nature conservation and data management

activities beyond those needed for the exercise of the religion.

With regard to that we refer to the fact that these are activities that can be and are actually

done by Churches though these are basically not religious ones. Churches may not be

established just for them. However, by using the lenient conditions of the Act IV of 1990 in a

number of cases Churches were registered actually for those serving basically business

purposes activities and enjoying budgetary support. These abuses also give reason to re-regulate the Church status.

to Article 7

The Church, the religion, the religious community are organizations consisting of natural

persons, confessing the same principles of belief, functioning predominantly for carrying out

religious activities. The Church is defined as an autonomous organization for collective

exercise of the basic right to the freedom of conscience and religion. The Church as a

summary concept includes Churches and religious communities based on different theological

foundations. The reason for that is that the State as it has already been mentioned, does not

have the right to decide in theological questions. On the other hand the phrase Church has

become a summary term in the everyday language covering also Non-Christian religions and

religious communities.

The right to establish a Church is allowed according to the Act only for natural persons with

permanent residence in Hungary, having full legal capacity, of course, for the exercise of their

religion.

According to the Civil Code all adults have full legal capacity provided that it is not restricted

or excluded by law. An adult is in Hungary who is at least 18 years old. As an exception the

person married before that age also qualifies as adult. A person turns into adult from 0 oclock

on his 18th birthday.A Church may only and exclusively established to carry out such religious activities that are

not in contradiction with the Basic Law, violate neither any piece of legislation, nor the rights

and freedoms of other communities or human dignity. This regulation is again a consequence

of the constitutional separation of State and Church.

to Article 8

Based on Article VII, Paragraph (2) of the Basic Law separate functioning of State and

Church is defined together as opposed to the former separation with declaring full State

neutrality with their cooperation for promoting community goals. The possibility of such

cooperation has been explained by the Constitutional Court in its decisions. The Act refers tothe activities of paramount importance enjoying large social support, preserving historical and


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cultural values and serving community goals. The State may conclude agreements to promote,

to appreciate and to assist in public purpose activities of the Churches in order to ensure

functioning of institutions maintained by Churches.

There are already concluded both international and bilateral - agreements among the State

and several Churches which are, of course, respected by the Bill. Further agreements may be

necessary to be concluded according to the conditions set by the Bill. It is also possible thatthe agreements in force shall be modified by mutual consent.

To Article 9

The Act stipulates that Churches bear the same obligations and enjoy the same rights.

However, the State may make some difference according to the legislation, based on the

social role and the public purpose activities carried out by the Churches.

Considering the constitutional principles there is no obstacle for the State to enact the legal

norms realizing the basic right to religious freedom by having in mind the particularities of

religions and Churches.

Beyond that, the Constitutional Court regarded the difference as constitutional despite therequirement of treating Churches equally as it follows from the principle of neutrality. It

declared, namely, that equal treatment of the Churches does not exclude taking into

consideration the actual social role of them. In case of making difference among subjects not

having a particular entitlement to something the limit of discrimination is that of an

affirmative action. In other words, different treatment is constitutional as long as it does not

handle persons without equal dignity nor does it violate basic rights declared by the Basic

Law. Within that the only requirement is to have a reasonable cause for differential treatment

that is, it must not be arbitrary. Equal treatment of Churches is not violated by implementing

settlement of real estate issues or awarding compensation only related to those ones who had

had property nationalized. It is not a violation of equality either that coordination related to

performance of public tasks is done only with Churches maintaining institutions of public

purpose.

.

to Article 10

The Bill respecting the constitutional separation of State and Church continues the

legislative traditions of the Act IV of 1990 with regard to the prohibition of establishing any

organ by the State to control or to supervise the Churches. As a consequence of the principle

of separation of State and Church internal regulations or decisions of Church organs may not

be enforced by State compulsion, those may not be revised by State authorities. Theseprovisions also guarantee independent, autonomous functioning of Churches. Handling of

personal data related to religious activities of the Churches is regarded to be an internal issue

to be covered by the internal regulations of the Churches. The general norms covering data

protection apply, of course, also to the Churches, however it is reasonable to acknowledge the

particularities of the Churches as they relate to internal regulations.

to Article 11

The Bill treats Churches as legal subjects on their own (sui generis). According to the

proposal internal ecclesiastical units or organizations of the Church qualify as internalecclesiastical legal persons as far as the internal regulations of the Church designates them as


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such. The Bill declares that an organization established by the Church according to a

particular piece of legisoation, having legal capacity of a different type, e.g. an association,

foundation, business company is not a Church legal person. It is reasonable that these types of

organizations function not as Church legal persons but based on the legislation generally

covering their activities.

It is possible that the Court registers internal ecclesiastical legal persons as organs of the givenChurch, based on the application of the Church or of its highest organ.

Legal personality of internal ecclesiastical legal persons not registered by the Court as such

shall be confirmed by the representative of its highest organ or of the next superior Church

organ whose name had been communicated to the Court or by an official of the Churc entitled

to that according to the internal regulations. This solution is actually following the present

practice according to which the superior authority certification confirms the Church legal

personality of the given organization.

to Article 12

Churches and Church legal persons may according to the constitutional basic right of freedom

of conscience and religion establish and maintain institutions carrying out educational,

training, higher educational, medical, charitable, social, family, child or youth protection,

culture or sport activities while citizens may also because of their constitutional basic right

utilize those Church institutions. Independence of Church institutions has to be determined by

the institutions of Church autonomy. These institutions may acquire legal personality

according to the internal regulations of the Churches.

With regard to the fact that these institutions are operated by the Churches according to their

spiritual commitment it is justified that particular conditions may be required for the entry, for

establishment, maintaining and terminating of a legal relationship aiming at employment.

Churches are entitled to receive normative financing on an equal basis with State and Local

Government institutions in the field of performing public tasks. The principle of equal

financing was declared by the Constitutional Court in 1997 thereafter it has been included in

international and bilateral agreements, thus its confirmation in this fundamental Act is

reasonable.

to Article 13

A Church Person is a natural person in the service of the Church according to its internal

regulations and designated as such by the competent representative of the Church. This

provision guarantees autonomy of the Churches in order to protect the status of Church

persons preventing to be questioned by the State. The Church has the subjective right to

designate its own officials, as well as to decide whether Church persons perform their duties

within a special Churcht service relationship, labour relationship or within another legal

relationship. A Church Person is not obliged to disclose pieces of information related to

personality rights, learned in the course of his spiritual service. This provision serves the

protection of Church secrets without limiting them by the law to those Churches where

confession is institutionalized. Church persons enjoy enhanced protection in criminal law andin the law covering administrative violations. The status of the Churches, their service for


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thousand or hundreds of years justify their outstanding protection. Church persons should

reasonably be protected similarly to persons performing public duties.

to Article 14

The Bill does not regulate establishment of the Churches but only their registration through

which they shall be given their legal personality. In other words, the right to freedom of

conscience and religion, to the free exercise of religion is not restricted by the new Act. The

Church status is in no way a condition to collective exercise of the religion: freedom of

confessing a religion in a community and Church status have nothing in common. Lack of the

status must not have an effect on freedom of functioning, therefore no rights may be attached

to the Church status that are unavoidable factors of realization of the freedom of religion.

As opposed to previous practice registration of Churches will be referred to the exclusive

competence of the Capital Court promoting thereby the management of an uniform and up to

date registry.

Churches listed in Annex 1 of the Act have to be registered based on the initiative of the

Minister by virtue of the Act.

The registration is to be initiated by an application and done in a non-litigation procedure. An

application aiming at registration of a Church may be submitted if:

g. the association carries out, first of all, religious activities;h. it possesses a set of principles of confession expressing the essence of its

teaching and rites;

i. functions in Hungary at least for 20 years in an organized form as anassociation with at least one thousand natural person members having domicile

in Hungary. The time referred to includes that of functioning as a Church

before the introduction of the present Act;

j. the association has adopted its Statute, internal laws, regulations fororganization and functioning, or other documents equivalent to the listed ones;

k. the organization has elected its organs for representation and management;l. its members declare that the organization established by them does not function

against the Basic Law, its activities do not violate legal rules or others rights

or freedoms.

The conditions for submission of an application aim at limiting applicants to those

organizations carrying out clearly and only religious activities.

to Article 15

An application aiming at registration of a Church has to be accompanied by the following

attachments:

A credo containing the essence of teachings or a summary of major religious teachings should

make possible to realize whether the Church had been established for the purposes of

religious activities. It has to be made clear from the credo or summary whether the Church

carries out activities aiming at the supernatural, it has systematized principles of belief, the

theses target the whole reality embracing the total personality by requiring particularbehaviour not violating the morals and human dignity.


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The Church has to certify that the organization has been functioning for at least twenty years

in an organized form as an association or before entry into force of the present Act as a

Church in Hungary.

A list containing the names, residence in Hungary, and signatures of at least one thousand

natural persons as members has also to be attached.

The Statute, the document of establishment, internal laws, regulations for organization andfunctioning or other regulations corresponding to these shall also be submitted in order to

confirm the actual activities and religious practice of the association.

The data making the personal identification of the members of organs of management and

representation possible should also be communicated.

A declaration of the members (representative or representative organ) that the organization

established by them does not contradict to the Basic Law, does not violate legislation and

does not violate the rights and freedoms of others has to be attached, too.

A declaration of the representative organ has also to be submitted that the organizations

name, its set of symbols, system of services is not identical and cannot be mixed up with the

name, symbols or ceremonies of any Church already registered.

A simplifyed account for 5 years or a simplified yearly account or an account equivalent withthese has to be attached, too to certify functioning in an economically transparent way. The

tax number is to be communicated as well.

In addition to that a receipt about deposition of the expert fee provided by the Act should also

be submitted.

to Article 16

The Court has to make a decision on registration or refusal of registration within 60 days from

the arrival of the application. Change in the registered data have to be communicated to the

Court within 15 days from the change. Registration of a Church has to be refused if the

conditions written in Article 14 are not met. In case of refusal of registration a repeated

application may not be submitted within one year.

to Article 17

Before the registration of a Church the Court will designate experts selected according to the

conditions to be defined in another piece of legislation in order to conclude whether the

conditions related to the religious activities set by the Act are met. The experts examine the

essence of the credo, the system of ceremonies and of the organization. It cannot be expected

that the Court itself adjudicate whether the community applying for registration has been

established first of all for religious activities as in these cases special Church legal, Churchhistory or theological education may be needed. The experts contribute to making a decision

on this issue.

to Article 18

Article XVIII, Paragraph (7) of the Basic Law stipulates that everyone has the right to use

legal remedy against a Court, authority or other public administration decision that violates

his right or legal interest. In accordance with the provision of the Basic Law referred to the

Act makes it possible for those concerned (the applicant but also the legally functioning

Church whose rights or legal interests would be violated by the Church registration) and forthe Prosecutor to submit an appeal against the decision on registration, on refusal of


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registration or on deletion from the registration

to Article 19

The Act qualifies the data introduced to the Church registry as public in order to promotelegal security.

The Church communicates data about the Church registry content to the Minister responsible

for maintaining contacts with Churches yearly.

to Article 20

The Church carries out, first of all, religious activities, operating according to its principles of

belief and system of ceremonies.

The Church may undertake a part in the service for social value creating, therefore it maycarry out public purpose activities.

The Church is entitled to carry out according to the present Act other activities not qualifying

as economic-business ones or to establish companies, civilian organizations. The Church is

also entitled to determine the organizational-functional framework of these activities and to

regulate its system.

The public purpose activities and institutions of the Churches are entitled to financing from

the State Budget in equal amount with institutions of the State or Local Governments carrying

out similar activities.

The Churches may establish and maintain, as a consequence of the constitutional basic right

to freedom of conscience and religion educational, training, higher educational, medical,

charitable, social, family, child or youth protection, culture or sport institutions while citizens

have the right to utilize these Church institutions also due to their constitutional basic right.

The principle of equal financing was declared by the Constitutional Court in 1997 thereafter it

has been included in international and bilateral agreements, thus its confirmation in a

fundamental Act is reasonable.

Based on particular departmental pieces of legislation Churches are entitled to get subsidies

from the subsystems of the State Budget, from European Union resources or from

programmes financed on the basis of international agreements within a tender or based on

individual decision outside the procurement system

to Article 21

The incomes of the Churches originate, first of all, from the donations and other contributions

of natural persons, legal persons and organizations not having legal personality. A Church

legal person may according to the ways determined in its internal laws and regulations,

without any special permission collect donations. Churches may participate in civil legal

relations within any restriction. The Act determines what activities done by Churches do not

qualify as economic-business ones.

to Article 22


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The Act guarantees also the economis autonomy of the Churches who may carry out their

business according to their internal regualations. No State organ may supervise the incomes

related to religious-spiritual life of a Church nor the use of such incomes. Offering a

determined part of the personal income tax, its budgetary complement, the payment replacing

that, rates after real estates and their supplement qualify as incomes serving religious-spiritualpurposes.

Incomes of Churches and Church legal persons originating from state subsidies for public

purposes and their use have to be accounted according to the Act on State Budget and to other

pieces of legislation on accounting ensuring thereby transparent functioning of participants in

national economy.

to Article 23

The State gives possibility for the Churches in a procedure determined by a particular piece

of legislation to express their opinion about legislative drafts and concepts in the course ofpreparing legal norms. This will be ensured according to the Act CXXXI of 2010 on the

Societys Participation in Preparing Legislation. Related to that it is possible that the

Ministries concerned conclude agreements on strategic partnership also with Churches.

to Article 24

Churches enjoy enhanced criminal and administrative-violation-law protection with special

regard to undisturbed ceremonies and Church government, further to the preservation of

church buildings, cemeteries and other sacred sites. The particular (sui generis) status of the

Churches, their service for thousand or hundreds of years, their outstanding performance of

public tasks, their objects of the cultural heritage, places for tribute and sacred sites justify the

high level protection.

to Article 25

The Churches may according to the needs of pupils and their parents conduct spiritual

teaching in the educational and training institutions maintained by the State or Local

Governments, further they have the right to conduct religious-spiritual activities in the

institutions of higher education. The public educational institution has to provide for theclassrooms, the time not colliding with other obligatory school engagements. The Church

legal person designates the spiritual teacher or educator. Financing of the religious education

shall be provided for by the State based on a special law or on the agreements concluded with

the Churches.

The Churches may, according to the agreements concluded with the Government provide

military, prison, hospital or other religious service or other services.

to Article 26


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The name, the system of symbols and ceremonies and the commonly used name of the

Church will enjoy enhanced legal protection. Names and symbols of other organizations may

not create the impression that they or their activities are related to activities of a Church

already registered as such. This provision guarantees the protection of the Churches

functioning for a long time in Hungary while aiming at prevention of cases of abuse violatingother Churches by registration and operation of Churches. There were some examples for that

even in the recent years. In addition to that this regulation can also prevent economic misuse

of Church symbols.

If a Church person provides service for somebody who is not a member of the Church or if

the service can be related to his Church either directly or indirectly he will be obliged to

clearly communicate or manifest the name of the given Church before the service or before

offering it. This legal provision has also a consumer protection goal: it guarantees the right to

the freedom of conscience and religion of the person served

to Article 27

Regulation of termination of Churches became necessary because of the experience of the last

years. A Church ceases to exist by deletion from the registry on the day of entry into force of

the decision on deletion.

to Article 28

Churches may be terminated with or without succession. The Church ceases to exist with

succession based on the request of its representative by fusion with another Church (joining or

merger). If persons or groups of persons leave a Church but the Church continues functioning

the new organization emerging by that parting will not be entitled to have a share from the

property of the former Church.

to Article 29

A Church shall be terminated without succession if its dissolution has been declared by its

highest organ, if it is terminated by the Court or if termination be declared by the court.

to Article 30

Based on the lawsuit of the Prosecutor the Court may terminate a Church and delete it fromthe registry if its activities violate the Basic Law or other pieces of legislation or if the

registration should have been refused, further if registration could not have taken place

because of its actual activities.

In order to prepare submission of a lawsuit according to the present Act the Prosecutor may

request giving or sending documents and data or pieces of information related to the lawful

activities of the Church. The Church has to comply with such request of the Prosecutor.

to Article 31


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Based on the lawsuit of the Prosecutor the Court shall declare the termination of the Church

and delete it from the registry if it does not continue functioning and does not dispose of its

property.

to Article 32

In case of termination of a Church without succession its property following the satisfaction

of the claims of creditors shall go into the ownership of the State and has to be used for

public purpose activities.

to Article 33

In case of termination of a Church without succession the internal ecclesiastical legal persons

shall also be terminated without succession. In case of termination of an internal ecclesiastical

legal person the property issues shall be determined by the internal regulations of the Church.

to Article 34

The Bill authorizes the Government after the publication of the Act to revise the

agreements done related to Churches carrying out public purpose activities or if necessary, to

conclude new agreements. The causes of that are as follows: Annex 1/B of the Bill contains

the list of the Churches with which because of their significant public purpose activities

the Government intends to conclude agreements. These agreements will be long term ones

containing the issues related to performing public tasks.

to Articles 35-37

The relevant provisions of the Bill cover the obligations of Church legal persons related to

reporting and accounting, further the administrative norms of Court registry of Churches, the

essential requirements of forms being parts of applications aiming at registration of Churches,

technical and other data to be introduced into the registry, the content of the electronic extract

to be given about the data of Churches, norms regulating the status of experts to be hired in

relation to registry of Churches, the requirements related to their professional education

requirements and practice further the conditions of their introduction into the list of

professionals. As to the latter issue the Capital Court proceeds ex officio, without having the

right to investigate into the conditions of registration.

to Article 38

This part of the Bill contains provisions on entering into force.

to Article 39

The transitional provisions relate to transformation of organizations formerly registered as

Churches into associations also carrying out religious activities, to applying for registration as

a Church and to eventual termination of these organizations without succession, to issues

connected to transforming organizations as far as the one % of the personal income tax isconcerned.


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to Article 40

The Bill modifies the legislation on the material bases of the spiritual-religious and public

purpose activities of the Churches. Article 2, Paragraph (7) of the Act CXXIV of 1997 will be

repealed with regard to the definition of the activities not qualifying as economic-business

ones in the course of functioning of the Churches by the present Bill.The Bill contains also a clause on the fundamental character of the Act to be enacted.

to Article 41

The last Article of the Bill determines the time of repealing the Act IV of 1990 on Freedom of

Conscience and Religion and on the Churches.

Budapest, June 9, 2011

Dr. Tams Lukcs Laszlo Varga Dr. Imre Vejkey Peter Harrach

KNDP KNDP KNDP KNDP(Christian Democratic Peoples Party)

Member of Parliament Legislative initiative


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To Mr. Laszlo Kover

President of the Parliament

this site

Respected Mr. President !

Based of Article 85, Paragraph (2), Subparagraph d. and Article 98, Paragraph (1) of the

Standing Orders this is to submit the following Bill on the Right to Freedom of Conscience

and Religion and the Status of Churches, Religions and Religious Communities.

The text of the Bill with detailed reasons is attached.

Budapest, June 9, 2011.

Dr. Tams Lukcs Laszlo Varga Dr. Imre Vejkey Peter HarrachKNDP KNDP KNDP KNDP

Documents

2011 Religious Law