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 of others; - with respect to the Universal Declaration of Human Rights, the European Convention on 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 of separate 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 at peaceful 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 continuously determinant 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

1) Hungary acknowledges the freedom of conscience and religion 2) 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 natural person to demonstrate, exercise, teach religion or othe conviction by services or other 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 possible both 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.

1 Acts 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 with respect to the essential content of the basic right in order to enforce another basic right or to protect some constitutional value.

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 parapsychical c. therapeutic d. economic, business e. educational f. training g. higher educational h. medical i. charity j. family, child and youth welfare k. cultural l. sport m. protection of animals, environment or nature n. 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 an organization consisting of natural persons, confessing the same principles of belief. The organization has self-government and autonomy and functions predominantly for 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 capacity and 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 contradiction with 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 according to the present Act. Article 8

1) Church and State function separately in Hungary 2) 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, medical care, 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 supervise Churches. 2) Decisions adopted according to the principles of belief or to internal regulations 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 according to 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 the recognition of an association as a Church two third majority of the votes of the Members of Parliament shall be needed. 2) An internal unit or organ of the Church being a legal person according to the internal regulations of the Church is a legal person (internal ecclesiastical legal person). 3) An organization established by the Church having legal capacity based on another 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 of the whole Church or the representative of the highest Church organ. The registry

indicates the internal ecclesiastical legal persons as organs of the given Church. 5) Legal personality of other internal ecclesiastical legal persons not mentioned in Paragraph (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 out educational, 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 particular conditions 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 to its internal regulations and designated as such by the competent representative of the Church. 2) A Church person can perform his service in special ecclesiastical service relationship, labor relationship or in another legal relationship. 3) A Church Person is not obliged to disclose pieces of information related to personality rights, learned in the course of his spiritual service. 4) Church persons enjoy enhanced protection in criminal law and in the law covering 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 Minister as 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

a. the association (all applicants are identified as associations, former Church status covers that) carries out, first of all, religious activities; b. it possesses a set of principles of confession expressing the essence of its teaching 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 Church before the introduction of the Act; d. the association has adopted its Statute, internal laws, regulations for organization 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 following attachments. a. a credo containing the essence of teachings or a summary of major religious teachings b. certification of the fact that the organization has been functioning for the time determined by Article 14, Paragraph (3), Subparagraph c.). c. a list containing the names, residence in Hungary, signatures of at least one thousand natural persons; d. the Statute, the document of establishment, internal laws, regulations for organization 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 of organs of management and representation f. a declaration of the members that the organization established by them does 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 up with the name, symbols and ceremonies of a Church already registered; h. a simplifyed account for 5 years or a simplified yearly account or an account equivalent with these; i. certificate of the Central Registry of Personal Data and Addresses about confirmation 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 data a. registry number

b. the name, eventually abridged name or the publicly known name of the Church c. site of the Church d. 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 document aa.) 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 submits the application aiming at registration of the Church to the Parliament 2) Change in the registered data have to be communicated to the Minister within 15 days from the change. 3) Registration of a Church has to be refused by the Minister if the conditions written 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 community against 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 from communication 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 at registration may not be submitted repeatedly within one year. 7) For the registration of an internal ecclesiastical legal person and for the registration 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, by the 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.

Chapter IV. Activities of the Churches

Article 19 1) The Church carries out, first of all, religious activities, operating according to its 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 activities not 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 to participate in them. 4) 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 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 Local Government 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 to get 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 also for Church legal persons.

Article 20

1) 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. 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 not apply 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 persons c. producing or selling publications and religious objects necessary for the religious

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 the course 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 or issuer 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 revised by 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 from state 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-spiritual activities 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

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 religiousspiritual 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 the person 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 of legislation 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 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. 2) 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. 3) The name of the Church the set of symbols attached to it and its publicly known 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 continues functioning 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

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 for public purpose activities. Article 30 1) In case of termination of a Church without succession the internal ecclesiastical legal persons shall also be terminated without succession. 2) In case of termination of an internal ecclesiastical legal person the property issues 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 the Churches performing public purpose activities and depending on the necessity it shall initiate new ones. 2) The Government may conclude the agreements with the organizations carrying out 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 the autonomous 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 in Paragraph (2) has been functioning continuously independent of the time of the registration. 3) The Minister will establish a registry identification number following the submission according to Paragraph (1) that has to be appropriate for national identification of the organization. That registry identification number shall be disclosed for the applicant and the Church will be notified about it.

Article 34 The Minister shall be authorized to a. enact the administrative norms related to registration of Churches, to determine the substantial 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 of the Churches, and together with the Minister responsible for the State Budget the norms on the expert fees.

2. Provisions related to entry into force Article 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 force on January 1st, 2012. 3. Transitional provisions Article 36 1) After entering into force of the present Act with the exception of the Churches 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 the organization 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 on continuation of functioning, the content of Paragraph (1) shall aply during the procedure. 4) An organization registered according to Paragraph (1) shall be the general legal successor of the organization that had been registered before. 5) Organizations becoming associations carrying out also religious activities following 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 to Church goals may only be granted to Churches complying with the norms determined

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 norms Article 37 1) Article 4, Paragraph (1), Subparagraph mb. of the Act No. III. of 1993 on Social 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 of Children 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

1 2 3 4-6

7-11

12 13 14

Hungarian Chatolic Church Reformed Church, Hungary Evangelical Church, Hungary Jewish Religions Alliance of Hungarian Jewish Communities of Belief United Hungarian Israelite Community of Belief (Statusquo Ante) Autonomous Orthodox Israelite Community of Belief 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 Unitarian Church, Hungary Baptist Church, Hungary 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 in the 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 the autonomy of the Catholic Church.

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 generous conditions 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 the private 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.

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 also defined 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 religious conviction. 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 the right 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

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 one to 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 reregulate 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 to the activities of paramount importance enjoying large social support, preserving historical and

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 that the 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 the requirement 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. These provisions 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 internal ecclesiastical legal persons as far as the internal regulations of the Church designates them as

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 given Church, 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 and in the law covering administrative violations. The status of the Churches, their service for

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 an association 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 for organization 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 particular behaviour not violating the morals and human dignity.

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 and functioning 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 with these 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, Church history 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 for the Prosecutor to submit an appeal against the decision on registration, on refusal of

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 promote legal 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 may carry 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

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-spiritual purposes. 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 of preparing 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 the classrooms, 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

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 violating other 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 from the 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

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 is concerned.

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 KNDP KNDP (Christian Democratic Peoples Party) Dr. Imre Vejkey KNDP Peter Harrach KNDP

Member of Parliament

Legislative initiative

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 KNDP Laszlo Varga KNDP Dr. Imre Vejkey KNDP Peter Harrach KNDP