Church privileges
As church privileges , including: privileges bundle , are in the German state church law those rights referred and other benefits that the simple right to the status as a public religious community ties.
term
The rights and advantages that are summarized under the term “bundle of privileges” are granted to all religious and ideological communities that are organized under public law. Any community can obtain this corporate status under the conditions required by the constitution. Finally, “Bundle” is intended to indicate that it is not about the rights that the Basic Law itself connects with corporate status, but about a multitude of individual regulations that are contained in many different federal and state laws.
The term “bundle of privileges” does not include those regulations that apply to all religious and ideological communities regardless of their organizational form.
Privileges
In very different areas of law there are regulations that are linked to the legal consequences of public law:
Guaranteed corporate rights
The public-law status of a religious and ideological community is associated with certain constitutionally guaranteed corporate rights. These include:
Right of taxation
By Art. 140 GG in conjunction with Art. 137 Weimar Constitution public religious societies is guaranteed to get by competent country the right to tax. The state has the duty to regulate the collection by law, to participate in the execution including the administrative compulsion and to ensure the possibility of orderly administration of the church tax .
Religious instruction
According to Article 7, Paragraph 3 of the Basic Law, religious instruction is a regular subject in public schools. It is basically a compulsory subject for members of the respective religious community. Without prejudice to the state school inspectorate, the content of religious instruction must be determined in cooperation with the religious communities and “in accordance with their principles”. Regardless of their status under public law, religious communities are entitled, under certain conditions, to the establishment of religious instruction in their denomination.
Employer ability
The employer's capacity enables religious societies under public law to establish employment relationships of a public law nature that are not subject to labor and social security law. The authority to impose unilateral disciplinary measures with effect under public law goes hand in hand with the employer's capacity. Furthermore, according to § 9 AAG, the regulations of the Anti-Discrimination Act only apply to a limited extent in many church establishments.
Organizational violence
The organizational power represents a competence for the formation, establishment, establishment, modification and abolition of public law subdivisions and organs.
Legislative power
The legislative power is the authority to regulate relations with the members under public law. It includes the competence, beyond the normative structuring of the religious-social internal area (church law), to autonomously design the individual corporation rights (in particular the employer's ability and the right to tax collection) in accordance with the respective religious self-image according to norms with public law effect.
Parochial law
Parochial law includes the right to claim all members of the respective denomination in an area ipso iure as members. In the parochial system, a member's affiliation to a community is established solely by taking up residence.
Public property law
Public property law grants the authority to dedicate property to public property. The items dedicated in this way are encumbered with an easement under public law, so that they may only be used in the service of the specific purpose. The intended use is thus given special protection against everyone.
Bankruptcy
In the opinion of the Federal Constitutional Court, the inability of public religious and ideological communities to become insolvent can also be taken directly from the Basic Law.
Holiday legislation
Through state laws such. B. the North Rhine-Westphalian Public Holidays Act, public events are restricted on Sundays and public holidays, especially in the open air. Stricter restrictions apply on so-called silent holidays such as National Day of Mourning , All Souls ' Day , Sunday in the Dead and Good Friday . Numerous films are blocked from showing on the Silent Holidays, including The Life of Brian and Ghostbusters .
Simple statutory discounts
The public religious and ideological societies can also be granted further advantages by law, of which in practice generous use has been made. These rights can essentially be assigned to the following groups:
- Tax and fee exceptions
- Special regulations in labor and social law for employees of religious communities
- Exemption from state control, e.g. B. in real estate acquisition and trade in works of art
- Special protection of the property of religious communities
- Protection through criminal and administrative offense law
- Preferences under data protection law
- Media (appointment to broadcasting councils and granting of third-party broadcasting rights)
- Special permits (e.g. operating cemeteries, notarizations)
civil right
In Section 4 No. 2 of the Real Estate Transfer Act, religious and ideological communities under public law are exempted from an otherwise required permit when selling certain properties. There are also special regulations in foundation law (see, for example, Sections 22 ff. Of the Foundation Act for Baden-Württemberg).
Criminal law
Criminal law protects, for example, in Section 132a (3) StGB the “official titles, titles, dignities, official dress and official badges of the churches and other religious societies under public law”. Section 166 of the Criminal Code makes insulting denominations, religious societies and ideological associations a punishable offense.
Public law
The Code of Civil Procedure grants enforcement protection in accordance with Section 882a Paragraph 3, the Federal Administrative Enforcement Act in Section 17 and the state enforcement laws in similar regulations. Often the cost schedules also state that certain procedures are free of charge. The building code in Section 1, Paragraph 6, No. 6 and the monument protection law take into account the special concerns . The authority of religious and ideological communities under public law is not undisputed .
withdrawal
These so-called “privileges” are not guaranteed in detail in the constitution, but are granted by ordinary law. The constitution therefore does not preclude changes to ordinary law. However, it must be checked in each case whether the regulation in question actually involves benefits that are linked to the public law status, or whether the simple law not only creates the legal status required by the Basic Law with regard to religious freedom and the right to self-determination .
Footnotes
- ↑ a b BVerfGE 102, 370/388
- ↑ a b BVerfGE 102, 370/371
- ↑ Jarass, in: Jarass / Pieroth, GG, 7th edition 2004, Art. 140 Rn. 17th
- ↑ Morlok, in: Dreier, GG, Vol. III, 2000, Art. 140 Rn. 91
- ↑ BVerfGE 66, 1/17 ff.
- ↑ North Rhine-Westphalian Public Holidays Act
- ^ A pensioner fights for religious freedom in the Revier , Welt, March 23, 2016
- ↑ On this, Axel Freiherr von Campenhausen / Joachim E. Christoph: Official certification of the churches corporated under public law in secular law , in: DVBl. 1987, pp. 984 to 989.
