VGH Baden-Württemberg: Staatliche Anerkennung einer genehmigten privaten Ersatzschule setzt nicht voraus, dass die Schule Religionsunterricht anbietet

Das Anbieten von Religionsunterricht als ordentliches Lehrfach ist keine Voraussetzung, von der die staatliche Schulaufsicht die Verleihung der Eigenschaft einer anerkannten Ersatzschule abhängig machen darf. Das hat der VGH Baden-Württemberg mit einem jetzt zugestellten Urteil vom 09.05.2022 entschieden und der Berufung der privaten Schulträgerin (Klägerin) gegen das ihre Klage gegen das Land Baden-Württemberg (Beklagter) abweisende Urteil des VG Sigmaringen stattgegeben. Zur Begründung seines Urteils führt der 9. Senat des VGH aus: Den Rest des Beitrags lesen »

ECHR: Hungary must pay just satisfaction to religious community for removing its church status

In today’s Chamber judgment in the case of Magyarországi Evangéliumi Testvérközösség v. Hungary (application no. 54977/12) the European Court of Human Rights dealt with the question of just satisfaction (Article 41) following a judgment delivered in 2014 on religious communities’ loss of full church status. Den Rest des Beitrags lesen

EGMR: Forthcoming judgment on Tuesday 25 April 2017 – Magyarországi Evangéliumi Testvérközösség v. Hungary (no. 54977/12)

The case concerns the question of just satisfaction following a judgment on the new Hungarian Church Act and religious communities’ loss of full church status. Den Rest des Beitrags lesen

EGMR: Genov v. Bulgaria (application no. 40524/08)

The applicant, Asen Genov, is a Bulgarian national, who was born in 1969 and lives in Sofia. The case concerned the authorities’ refusal to register the new religious association of which Mr Genov had been the chairman. Den Rest des Beitrags lesen

EGMR: Forthcoming judgment on Thursday 23 March 2017 – Genov v. Bulgaria (no. 40524/08)

The applicant, Asen Georgiev Genov, is a Bulgarian national, who was born in 1969 and lives in Sofia. The case concerns the authorities’ refusal to register the new religious association of which Mr Genov was the chairman. Den Rest des Beitrags lesen

EGMR: Just Satisfaction Magyar Keresztény Mennonita Egyház and Others v. Hungary (nos. 70945/11, 23611/12, 26998/12, 41150/12, 41155/12, 41553/12, 54977/12, and 56581/12)

The case concerned the new Hungarian Church Act. The applicants are various religious communities, some of their ministers and some of their members. Prior to the adoption of a new Church Act, which entered into force in January 2012, the religious communities had been registered as churches in Hungary and received State funding. Under the new law, which aimed to address problems relating to the exploitation of State funds by certain churches, only a number of recognised churches continued to receive funding. All other religious communities, including the applicants, lost their status as churches but were free to continue their religious activities as associations. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on 28 June 2016 – Just Satisfaction Magyar Keresztény Mennonita Egyház and Others v. Hungary (nos. 70945/11, 23611/12, 26998/12, 41150/12, 41155/12, 41553/12, 54977/12, and 56581/12)

The case concerned the new Hungarian Church Act. The applicants are various religious communities, some of their ministers and some of their members. Prior to the adoption of a new Church Act, which entered into force in January 2012, the religious communities had been registered as churches in Hungary and received State funding. Under the new law, which aimed to address problems relating to the exploitation of State funds by certain churches, only a number of recognised churches continued to receive funding. All other religious communities, including the applicants, lost their status as churches but were free to continue their religious activities as associations. Den Rest des Beitrags lesen »

EGMR: Religious communities’ loss of full church status breached their rights to freedom of religion and freedom of association

In today’s Chamber judgment in the case of Magyar Keresztény Mennonita Egyház and Others v. Hungary (application nos. 70945/11, 23611/12, 26998/12, 41150/12, 41155/12, 41463/12, 41553/12, 54977/12 and 56581/12), which is not final, the European Court of Human Rights held, by a majority, that there had been: a violation of Article 11 (freedom of assembly and association) read in the light of Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. Den Rest des Beitrags lesen »

EGMR: Forthcoming judgment on Tuesday 8 April 2014 – Magyar Keresztény Mennonita Egyház and Izsák-Bács and Others v. Hungary (nos. 70945/11, 23611/12, 26998/12, 41150/12, 41155/12, 41463/12, 41553/12, 54977/12 and 56581/12)

The applicants are various religious communities, some of their ministers and some of their members. Prior to the adoption of a new Church Act, which entered into force in January 2012, the religious communities were registered as churches in Hungary and received State funding. Under the new law only a number of recognised churches continued to receive funding. All other religious communities, including the applicants, lost their status as churches but were free to continue their religious activities as associations. Following a decision of the Constitutional Court, which found certain provisions of the new Church Act unconstitutional, religious communities such as the applicants could continue to function and to refer to themselves as churches. However, the law continued to apply in so far as it required the communities to apply to Parliament to be registered as incorporated churches if they wished to regain access to the monetary and fiscal advantages they had previously enjoyed. Den Rest des Beitrags lesen »

EGMR: Jehovas Zeugen in Österreich v. Austria (no. 27540/05)

The applicant, Jehovas Zeugen, was a religious community established in Austria under the Religious Communities Act until May 2009 when it was granted the status of a religious society. The case concerned its complaint that it had been discriminated against before May 2009 when it was a religious community, as it had been subject to laws concerning employees and tax from which it would have been exempt had it been a recognised religious society. In particular, it would have been able to employ two ministers from the Philippines in 2002 for the benefit of its Tagalog speaking members in Austria and it could have been exempt from inheritance and gift tax for a donation made to it in 1999. It relied on Article 9 (freedom of religion), Article 14 (prohibition of discrimination) and Article 1 of Protocol No. 1 (protection of property). Den Rest des Beitrags lesen »