Religious privilege

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From the religious privilege of the German Association Act , up to the deletion of Section 2 Paragraph 2 No. 3 Association Act a. F. in 2001 that religious communities and associations that make the common maintenance of a worldview their task were not associations within the meaning of the Association Act. Religious communities were therefore not subject to the controls and restrictions that existed for associations. In particular, they could not be prohibited under Section 3 of the Association Act.

Reasons for deletion

The Bundestag resolved to revoke the religious privilege under the Anti-Terrorism Act on November 9, 2001 in order to open up the possibility of a ban on associations after the terrorist attacks of September 11, 2001 to combat radical, especially Islamist, communities. Up until then, the Association Act did not allow for any prohibition against extremist religious communities, while a prohibition order could be issued against other associations under Section 3 of the Association Act. The experience gained since the creation of the Law on Associations in 1964 has shown, however, that there is a need to be able to issue a ban against associations whose purposes or activities are contrary to the criminal laws, against the constitutional order or the idea of ​​international understanding, even if it is a question of religious communities.

However, in such a case it should be noted that religious freedom of association as part of religious freedom can only be restricted under very strict conditions.

See also

literature

  • Kathrin Groh: Self-protection of the constitution against religious communities: From the religious privilege of the association law to the association ban. Dissertation, Duncker & Humblot, Berlin 2004

Web links

Individual evidence

  1. ↑ Law regulating public association law (Association Law) of August 5, 1964 ( Federal Law Gazette I p. 593 )
  2. ↑ First law amending the Law on Associations of December 4, 2001 (Federal Law Gazette I p. 3319)
  3. ↑ BVerwG, judgment of November 27, 2002 - 6 A 4.02 , BVerfG, decision of October 2, 2003 - 1 BvR 536/03 and European Court of Human Rights , decision on individual complaint No. 13828/04 by K. v. Germany of 11 December 2006 on the Organization of the Caliphate State
  4. ↑ bill of the Federal Government of the First Law amending the Law on Associations of 4 October 2001, BT Drucks.14 / 7026
  5. ↑ BVerfG, decision of February 5, 1991 - 2 BvR 263/86 " Bahai decision "