Full text of Act No. 17 / 2006 Coll.
Full text of Act No. 3 / 2002 Coll., on Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Laws (Act on Churches and Religious Societies), as resulting from subsequent amendments
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17
PRESIDENT OF THE GOVERNMENT
Announces
The full text of Act No. 3 / 2002 Coll., on Freedom of Religious Religion and the Status of Churches and Religious Companies and on the Amendment of Certain Laws (Act on Churches and Religious Societies), as is apparent from the changes made by the Constitutional Court found in No. 4 / 2003 Coll., Act No. 562 / 2004 Coll. and Act No. 495 / 2005 Coll.
THE LAW
on freedom of religion and the status of churches and religious societies (Act on churches and religious societies)
Parliament has decided on this law of the Czech Republic:
FREEDOM OF THE OBJECTIVE RECOGNITION AND STABILITY OF THE OBJECTIVES AND OF THE BODIES
INTRODUCTORY PROVISIONS
Subject matter
This law governs
(a) the status of churches and religious societies;
(b) keeping publicly available lists of registered churches and religious societies, associations of churches and religious societies and legal entities established by a registered church and religious society and registered under this law (hereinafter referred to as "registered legal entity"),
(c) the competence of the Ministry of Culture (hereinafter referred to as "the Ministry") in matters relating to churches and religious societies.
Freedom of religion
(1) Freedom of thought, conscience and religion is guaranteed. Everyone has the right to express his religion or faith freely either alone or together with others, privately or publicly, by worship, teaching, religious acts or by maintaining the ceremony. Everyone has the right to change their religion or religion or to be without religion.
(2) The right of minors to freedom of religion or to be without religion is guaranteed (1). Legal representatives of minors may regulate the exercise of this right in a manner appropriate to the evolving abilities of minors.
(3) No one must be forced to enter or leave the church and religious society, to participate or not to participate in religious acts or acts of the church and religious society.
(4) Everyone has the right to choose a spiritual or religious state and to choose for life in communities, orders and similar communities.
(5) No one may be restricted to his rights because he or she claims to the Church and to the religious society that he or she is involved in or supports his or her activities or is without religion.
Basic concepts
For the purposes of this Act:
(a) a church and religious society of a voluntary community of persons with their own structure, bodies, internal rules, religious ceremonies and manifestations of faith, founded for the purpose of confessing a certain religious faith, whether publicly or privately, and in particular associated assembly, worship, teaching and spiritual services;
(b) a person applying to the church and to the religious society, a person who, according to his belief and internal rules of the church and the religious society, belongs to it,
(c) personal details of the name, surname and surname, address of the place of permanent residence in the Czech Republic; in the case of citizens of the Czech Republic, their birth numbers or, in the case of foreigners, their nationality and residence permit number (2), unless otherwise provided for in the international treaty to which the Czech Republic is bound,
(d) registered church and religious society, association of churches and religious societies and registered legal persons address of registered church and religious society, association of churches and religious societies and registered legal persons in the Czech Republic.
OBJECTIVES AND BODIES COMPANY
Status of churches and religious societies
(1) The Church and the religious society are created by voluntary associations of natural persons and decide arbitrarily on matters relating to religion, the organisation of the religious community and the creation of designated institutions.
(2) The State, regions and municipalities cannot carry out religious or anti-religious activities.
(3) Churches and religious societies manage their affairs, in particular establish and abolish their bodies, establish and recall their clergy and establish and abolish church and other institutions according to their regulations, independently of the state authorities (3).
(4) The Church and the religious society must not use a name that could make it interchangeable by name with a registered church and religious society or another legal person.
Conditions for the creation and operation of churches and religious societies
A church and a religious society whose activity is contrary to law and whose teaching or activity endangers the rights, freedoms and equality of persons and their associations, including other churches and religious societies, are not allowed to establish and operate; and
(a) it is contrary to the protection of public morality, public order, public health, the principles of humanity and the tolerability and safety of persons;
(b) deny or restrict the personal, political or other rights of natural persons for their nationality, sex, race, origin, political or other sentiments, religion or social status, ignites hatred and intolerance for these reasons, promotes violence or violations of law;
(c) limit the personal freedom of persons, in particular by using psychological and physical pressure to create dependencies which result in physical, psychological and economic harm to those persons and their family members, to harm their social ties, including the restriction of the psychological development of minors and the restriction of their right to education (4), prevents minors from receiving healthcare appropriate to their health needs; or
d) is classified in whole or in certain parts, as well as the organisational structure of the church and religious society and links to foreign branches, if it is part of the church or religious society operating outside the Czech Republic.
Registered churches and religious societies
(1) The Church and the Religious Society shall become a legal person of registration (hereinafter referred to as the "registered church and religious society") under this Act, unless otherwise provided for by this Law.
(2) repealed
(3) The registered church and religious society may in particular:
(a) to teach and educate their spiritual and lay staff in their own schools and other institutions, as well as in the higher education institutions of religious and religious faculties, under the conditions laid down in specific legislation5);
(b) obtain authorisation to exercise special rights under this law.
Special rights of registered churches and religious societies
(1) The registered church and religious society may, under the conditions laid down in this Act, be authorised to exercise the following special rights:
(a) to teach religion in public schools under special legislation (4);
(b) to entrust persons carrying out spiritual activities to perform spiritual services in the armed forces of the Czech Republic, in the places where the detention, imprisonment, protective treatment and protective education are carried out;
(c) to be financed under specific legislation on financial security for churches and religious society6),
(d) perform ceremonies in which church marriages are concluded under special legislation (7);
(e) establish ecclesiastical schools in accordance with specific legislation4),
(f) maintain the obligation of secrecy by the clergy in connection with the exercise of a confessional secret or with the exercise of a right similar to that of a confessional secret, provided that that obligation is a traditional part of the teaching of the Church and of a religious society for at least 50 years; This is without prejudice to the obligation to prevent an offence imposed by special law (8).
(2) The exercise of special rights under paragraph 1 (a) to (e) is governed by specific legislation9).
(3) The registered church and religious society entitled to exercise special rights shall each year publish the annual report on the exercise of rights referred to in paragraph 1 (a) to (e).
Church and religious associations
(1) In order to exercise the right of religious freedom under this law, registered churches and religious societies may establish a union of churches and religious societies.
(2) Only registered churches and religious societies can be members of the association of churches and religious societies.
(3) The Union of Churches and Religious Companies may not propose to register a legal person under Article 15a (1) (a).
REGISTRATION OF THE OBJECTIVES AND THE BRANCH COMPANY, THE CONSIDERATION OF THE OBJECTIVES AND THE CONTRACTING AUTHORITIES TO THE PERFORMANCE OF SPECIFIC RIGHTS
Common provisions on registration
(1) The application for registration of a church and a religious society, a association of churches and religious societies and the application for the authorisation of a registered church and a religious society to exercise special rights is submitted to the Ministry by a person or body under this law.
(2) The Church and the religious society or association of churches and religious societies are registered and registered to the Church and religious society are granted permissions for the exercise of special rights on the date on which the decision to register the church and religious society or association of churches and religious societies or the decision to grant special rights to the church and religious society by the Ministry has acquired legal authority.
Proposal for registration of church and religious society
(1) The proposal for registration of church and religious society is submitted to the Ministry by at least three natural persons who have reached the age of 18 years, have legal capacity and are citizens of the Czech Republic or foreigners with permanent residence in the Czech Republic (hereinafter referred to as the Preparatory Committee). The members of the Preparatory Committee shall sign the draft and provide their personal data. The draft Preparatory Committee shall determine which of its members is empowered to act on behalf of the Preparatory Committee. The signatures of the members of the Preparatory Committee must be officially verified10).
(2) The proposal for registration of a church and a religious society must include:
(a) the basic characteristics of the Church and the religious society, its teaching and mission;
(b) the registration of the establishment of a church and a religious society in the Czech Republic,
c) in the original signatures of at least 300 elderly citizens of the Czech Republic or foreigners with permanent residence in the Czech Republic reporting to this church and religious society, stating their personal data under this law and giving the same text on each signing sheet, stating the full name of the church and religious society collecting signatures for the purpose of its registration, and showing that the signature sheet is signed only by the person reporting to this church and religious society 11),
(d) the basic document.
(3) The basic document of the church and of the religious society submitted pursuant to paragraph 2 (d) must contain:
(a) the name of the church and the religious society which must be different from that of a legal person who is already active in the Czech Republic or who has already applied for registration;
(b) the mission of the Church and of the religious society and the fundamental elements of its faith;
(c) the seat of the church and religious society in the Czech Republic,
(d) the designation of a church body and a religious society which acts on its behalf with public authorities and third parties in the Czech Republic as a statutory body, the manner in which it is held and its setting up and withdrawal, the length of its members' term of office, or, where appropriate, the designation of other bodies of the church and religious society and bodies of the religious institutions which are entitled to submit proposals under this law, the scope of that authorisation and the manner in which it is held on behalf of the church and religious society,
(e) the personal data of the members of the institution referred to in point (d) when the members of the statutory body are established at the time of the submission of the proposal;
(f) the organisational structure of the church and the religious society, including the list of all types of legal persons which will be proposed for registration in accordance with this Act pursuant to Article 15a (1), the manner in which they are set up and cancelled, including, where appropriate, the indication of the legal successor in their termination, the designation of their statutory bodies, the manner in which they are established and withdrawn, the length of their term of office of members of the statutory bodies;
(g) the method of establishing and withdrawing the clergy and the list in the church and religious society used by the clergy names;
(h) the manner in which the amendments to the basic document and those documents of the Church and of the religious society and their amendments attached to the basic document or from which the particulars are entered in the basic document;
(i) the integration of the church and religious society into the structures of the church and religious society outside the Czech Republic;
(j) the principles of the management of the Church and of the religious society, in particular the way in which the funds are obtained, including the scope of the authorisation of persons, bodies and other institutions of the Church or of the religious society to dispose of the property and the data referred to in Article 27 (5);
(k) the method of disposal of the disposal balance resulting from the liquidation of the Church and the religious society;
(l) the rights and obligations of persons applying to the Church and religious society.
(4) The preparatory committee shall act on behalf of the Church and the religious society until the establishment of the body referred to in paragraph 3 (d).
(5) If, at the time of the application for registration of a church and a religious society, the members of the body referred to in paragraph 3 (d) are not established, their personal data shall be notified in accordance with paragraph 3 (e) by the church and the religious society within 10 days of their establishment.
Application for authorisation to exercise special rights
(1) An application for authorisation to exercise special rights may be made by a registered church and a religious society which:
(a) it has been registered under this law continuously on the date of the application for at least 10 years;
(b) publish annually 10 years before the submission of this draft annual activity report for the calendar year;
(c) fulfil duly the obligations towards the state12) and third parties.
(2) The application for authorisation to exercise special rights is submitted by the authority of the registered church and religious society pursuant to Article 10 (3) (d).
(3) An application for special rights may be filed either for the exercise of all special rights under Paragraph 7 (1) or only for the exercise of special rights under § 7 (1) (a) to (e).
(4) The application for authorisation to exercise special rights pursuant to Article 7 (1) (a) to (e) must contain:
(a) in the original of the signatures of so many aged citizens of the Czech Republic or foreigners with permanent residence in the Czech Republic reporting to this church and to a religious society, of at least 1 promile of the population of the Czech Republic according to the last census of the people 13), with an indication of their personal data under this law and an indication of the identical text on each signature sheet, which states the full name of the church and religious society which collects signatures for the purpose of its registration, and which shows that the signature sheet is signed only by the person reporting to this church and religious society 11),
(b) a statement that its activities as legal entities under this law do not contradict the conditions laid down by this law and that they comply with the conditions laid down in paragraph 1 (c);
(c) the texts of the annual reports referred to in paragraph 1 (b) and the accounts (14) for a period of 10 years preceding the submission of this proposal.
(5) The application for authorisation to exercise all special rights referred to in Article 7 (1) shall contain the particulars referred to in paragraph 4 and, in addition, a document confirming that the obligation of confidentiality of priests in connection with the exercise of confessional secrecy or in connection with the exercise of a right similar to that of confessional secrecy is a traditional part of the teaching of the church and religious society for at least 50 years.
Proposal for registration of the association of churches and religious societies
(1) The proposal for registration of the association of churches and religious societies must include:
(a) the name of the association of churches and religious societies, which must be different from the name of a legal person already operating in the Czech Republic or who has already applied for registration;
(b) the seat of the association of churches and religious societies in the Czech Republic,
(c) a written founding agreement concluded by the founding churches and religious societies, specifying their names and registered offices;
(d) the statutes of the Union in which the activities of the Union of Churches and Religious Societies are determined, the arrangements for property regimes, the establishment and termination of membership, the rights and obligations of members, the statutory body of the Union of Churches and Religious Societies and other bodies of the Union, the duration of the term of office of the members of its bodies, the manner in which they are established and the extent of their authorisation to act on behalf of the Union, the manner in which the Union is wound up and the disposal of its balance;
(e) the personal data of persons authorised to act before the establishment of the bodies of the Union of churches and religious societies on its behalf (hereinafter referred to as the "Preparatory Committee of the Union") and the determination of which of its members is authorised to act on behalf of the Preparatory Committee of the Union.
(2) The written founding agreement establishing a association of churches and religious societies is presented in the form of a notarial record.
(3) The proposal for registration of the association of churches and religious societies is submitted by the Preparatory Committee of the Union. The signatures of the members of the Preparatory Committee of the Union must be officially verified10).
Addition of proposals for the registration of churches and religious societies, associations of churches and religious societies and the granting of authorisations for the exercise of special rights
(1) If the application for registration of the Church and the religious society, registration of their associations and the application for authorisation to exercise special rights does not contain all the formalities under this Act, the Ministry shall set a deadline for the completion of the data for at least 1 month from the date of receipt of the request.
(2) The invitation referred to in paragraph 1 shall be served on:
(a) in the case of proceedings for registration of the Church and the Religious Society and for registration of the Association of Churches and Religious Companies in the hands of a representative of the Preparatory Committee or of the Preparatory Committee of the Union;
(b) in the case of a procedure for granting an authorisation to exercise the special rights of a registered church body and a religious society pursuant to Article 10 (3) (d).
(3) If the applicant fails to complete the information within the time limit set, the Ministry of Procedure shall stop the proceedings.
Ministerial procedure
(1) The Ministry shall, in the proceedings for registration of churches and religious society, the association of churches and religious societies or in the proceedings for the authorisation to exercise the special rights of registered churches and religious societies referred to in Article 11 (3) (hereinafter referred to as the "application for registration"), examine:
(a) whether the application for registration is made by a person fulfilling the conditions laid down by this law;
(b) whether the application for registration contains all the particulars provided for by this law;
(c) in the case of proceedings for registration of a church and a religious society and the procedure for the granting of an authorisation for the exercise of special rights, whether the activities of a church and a religious society are contrary to its basic document and to the conditions laid down by this law.
(2) Where the information in the application for registration referred to in paragraph 1 corresponds to the actual situation of the case and the conditions referred to in paragraph 1 are met, the Ministry shall decide that the Church and the religious society are registered or that the Union of Churches and Religious Companies is registered or that specific rights are granted.
(3) If the information in the application for registration referred to in paragraph 1 does not correspond to the actual situation of the case, or if the conditions laid down in paragraph 1 are not fulfilled, the Ministry shall decide that registration of the Church and the religious society or registration of their association or entitlement to exercise special rights under Paragraph 11 (3) shall be refused.
(4) The Ministry will register the Church and the Religious Society and grant entitlement to exercise special rights in the Register of Registered Churches and Religious Companies on the date on which the registration decision became final.
(5) The Ministry will register the Union of Churches and Religious Companies in the Register of Association of Churches and Religious Companies on the date on which the registration decision became final.
(6) Decision on
(a) the registration of the Church and the Religious Society and the registration of the Association of Churches and Religious Societies shall be delivered into the hands of a representative of the Preparatory Committee or the Preparatory Committee of the Union;
(b) the entitlement to exercise special rights shall be served on the authority of the registered church and religious society pursuant to Article 10 (3) (d).
(7) The Ministry shall take a decision pursuant to paragraph 2 or 3 or decide to terminate the procedure referred to in Article 13 (3) within the time limit laid down by the general rules on administrative procedures. If, in view of the nature of the case, it cannot be decided within that period, the Minister may extend it accordingly. The Ministry shall be required to inform the Director of the Preparatory Committee of the extension of the deadline in the case of proceedings for registration of the Church and of the Religious Society or of the Preparatory Committee of the Union in the case of proceedings for registration of the Association of Churches and Religious Companies or of the body of the registered Church and Religious Society referred to in Article 10 (3) (d) in the case of proceedings for the authorisation to exercise specific rights.
Registration of amendments
(1) Registration is also required for changes to the basic document of the church and religious society, changes to the founding agreement of the association of churches and religious societies, its name, seat and statutes. The proposal for registration of changes shall be submitted to the Ministry by the Church and the Religious Society and the Union of Churches and Religious Societies no later than 10 days after the date of the change.
(2) The proposal to register a change to the basic document of the Church and the Religious Society and to amend the founding agreement of the Constitution of the Union of Churches and Religious Companies must include the full text of those parts of the text to which the amendments relate.
(3) Registration shall not be subject to any change in the composition of the body of the registered church and the religious society pursuant to Article 10 (3) (d), the statutory bodies of the associations of churches and religious societies or any change in the personal data of members of their bodies and statutory bodies. These amendments shall be registered by the Ministry in accordance with paragraph 5.
(4) The amendments referred to in paragraph 3 shall be notified to the Ministry by the authority of the registered church and religious society pursuant to Article 10 (3) (d) and the statutory body of the association of churches and religious societies, including by the competent authority in accordance with the internal rules of the church or religious society and the statutes of the association of churches and religious societies, no later than 10 days after the date of the change.
(5) The Ministry shall record the amendment referred to in paragraph 3 within 5 working days of the date of receipt of the complete request for data changes to the Register of Registered Churches and Religious Companies or the Register of the Association of Churches and Religious Companies. In the event that the request for amendment referred to in paragraph 3 is incomplete, the Ministry shall, within 5 working days, invite the Church and the Religious Society in writing pursuant to Article 10 (3) (d) or the Statutory Body of the Church and Religious Society associations to complete the data within 10 days of the receipt of the request.
NOTIFIED LEGAL PERSONS
Common provisions on registered legal persons
(1) The authority of the registered church and religious society pursuant to Article 10 (3) (d) may propose for registration under this Law:
(a) body of a registered church and religious society, religious and other church institution14a) persons applying to the church and religious society established for the purpose of confessing religious faith;
(b) the special-purpose equipment of a registered church and a religious society established by the Church and a religious society for the provision of charitable services (hereinafter referred to as "special-purpose equipment").
Registration under this Act shall be made by legal persons under points (a) and (b) of this Act.
(2) Other legal persons established by a registered church and religious society which are not registered under this Act may become legal persons by registration or registration under special legislation14b).
(3) Proposals for registration of changes under this Act are submitted by the body of a registered church and a religious society which has proposed a legal person established in the Church and a religious society for registration under this Act. An application for registration of changes shall be submitted by that authority no later than 10 days from the date on which the change occurred. The Ministry shall proceed mutatis mutandis in accordance with Article 15 (5).
(4) Entrepreneurship and other gainful activities of legal persons registered in accordance with paragraph 1 in addition to the general benefit of charitable, social or health activities may only be ancillary activities.
Registration of legal persons established by a registered church and religious society pursuant to Article 15a (1) (a)
(1) The application for registration of a legal person pursuant to Article 15a (1) (a) shall be submitted by the authority of the registered church and religious society pursuant to Article 10 (3) (d).
(2) An application for registration of a legal person under Article 15a (1) (a) shall include:
(a) evidence of its establishment by the competent authority of the registered church and religious society in accordance with its basic document;
(b) the subject matter of the service, business and other gainful activities and its statutes, if any;
(c) its name, which must be different from that of a legal person already operating in the Czech Republic or who has already applied for registration,
(d) its registered office in the Czech Republic;
(e) the designation of its statutory body in the Czech Republic;
(f) personal data of members of its statutory body;
(g) the manner in which the statutory body of the registered legal person shall act.
(3) The application referred to in paragraph 1 shall be submitted by the authority of the registered church and religious society in accordance with Article 10 (3) (d) within 10 days of the date of establishment of the legal person in accordance with Article 15a (1) (a). The Ministry shall record the legal person by entering the Register of registered legal persons within 5 working days of the date of receipt of the application. The record shall be recorded on the date of its establishment in a registered church and religious society.
(4) If the authority of the registered church and religious society has not complied with the time limit referred to in paragraph 3 in accordance with Article 10 (3) (d), the registration shall be carried out by registration on the date of receipt of the proposal referred to in paragraph 1 to the Ministry.
(5) If the proposal referred to in paragraph 1 does not contain all the elements referred to in paragraph 2, the Ministry shall, within 10 working days of the date of receipt of the proposal, invite the authority of the registered church and the religious society referred to in Article 10 (3) (d) to supplement the proposal or, where appropriate, to remedy the deficiencies within a period of 30 days, and inform it that, if that deadline is not complied with, the application procedure shall be terminated.
(6) If it is not a legal person registered under this Act, the Ministry shall reject the application for registration.
Registration of legal persons established by a registered church and religious society pursuant to Article 15a (1) (b)
(1) The purpose of a registered church and a religious society for the provision of services of social or health or acting as a charity or diaconia, which will be proposed for registration under this Act, is to be established by the instruments of incorporation of the registered church and religious society, signed by a member or members of the body of the registered church and religious society acting as a statutory body on behalf of the church and religious society pursuant to Article 10 (3) (d). The signatures shall be officially authenticated.
(2) The special purpose vehicle provides the public with services of general interest under predetermined conditions and for all users of the same conditions.
(3) The instrument of incorporation of the special-purpose equipment must include:
(a) the name, registered office and identification number of the founder;
(b) the name and registered office of the special-purpose equipment in the Czech Republic;
(c) the period for which the special purpose vehicle is based, unless it is based on an indefinite period;
(d) the designation of its statutory body in the Czech Republic;
(e) personal data of members of the statutory body;
(f) its statutes;
(g) the method of publication of the annual activity report and the management of the special-purpose equipment for the calendar year;
(h) the procedure for approving amendments to the instrument of incorporation.
(4) The articles of association referred to in paragraph 3 (f) must include:
(a) the particulars referred to in paragraph 3 (b) and (d);
(b) the way in which the members of the statutory body are set up and removed and the duration of their term of office, if any,
(c) the manner in which the statutory body acts and acts on behalf of the special-purpose establishment;
(d) the type of service of general interest to be provided by the special purpose vehicle, the conditions for its provision and the subject of business and other ancillary activities, if they are to be carried out.
(5) The annual report of the special-purpose establishment must include:
(a) an overview of the activities carried out during the previous calendar year, indicating the relationship with the purpose of setting up the special-purpose equipment;
(b) the accounts and the assessment of the basic data contained therein;
(c) the opinion of the auditor on the annual accounts of those special-purpose establishments in whose assets the assets of the State or of the municipality have been transferred or which use the assets of the State or of the municipality or receive subsidies from public budgets;
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Regulation Information
| Citation | Full text of Act No. 17 / 2006 Coll., Act No. 3 / 2002 Coll., on Freedom of Religious Religion and the Status of Churches and Religious Societies and on the Amendment of Certain Laws (Act on Churches and Religious Societies), as resulting from subsequent amendments |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 20.01.2006 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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