9 Amendments of László SURJÁN related to 2012/2130(INI)
Amendment 171 #
Motion for a resolution
Recital BX
Recital BX
BX. whereas freedom of thought, conscience and religion as enshrined in Article 9 of the ECHR and Article 10 of the Charter is one of the foundations of a democratic society, and w, and whereas according to the Treaty of Lisbon the legislation on the reas the role of the State in this respect should be that of a neutral and impartial guarantor of the right to exercise various religions, faiths and beliefslation between the State and the churches belongs to the Member States' competence; thus there are many differences in how churches are recognized in Member States from official state religion (e.g.: Denmark, Greece, Malta) up to solely operating in the form of associations (e.g.: France);
Amendment 173 #
Motion for a resolution
Recital BY
Recital BY
BY. whereas the Act on Churches established a new legal regime for the regulation of religious associations and churches in Hungary which imposed a set of requirementfreedom of religion is entirely ensured by the Fundamental Law (Article VII) stating that "everyone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change religion or any other persuasion, and the freedom for every person to proclaim, refrain from proclaiming, profess or teach his for ther recognition of churches and made such recognition conditional on prior apligion or any other persuasion by performing religious acts, ceremonies or in any other way, whether individually or jointly with others, in the public domain or in his or her proival by the parliament by a two-thirds majorityte life. (...) The Churches shall be autonomous and the State shall cooperate with the Churches for community goals";
Amendment 175 #
Motion for a resolution
Recital BZ
Recital BZ
BZ. whereas the obligation set out in the Act on Churches to obtain recognition by the parliament as a condition to establish a church was deemed by the Venice Commission13 to be a restriction ofOpinion No CDL- AD(2012)004 of the Venice Commission underlined that the Hungarian regulation in place „constitutes a liberal and generous framework for the freedom of religion.";
Amendment 176 #
Motion for a resolution
Recital BZ – footnote 13
Recital BZ – footnote 13
Amendment 178 #
Motion for a resolution
Recital CA
Recital CA
CA. whereas as a result of the entry into force of retroactive provisions of the Act on Churches more than 300 registered churches lost their legal status of churchdue to the loopholes in the previous regulation more than 300 state- subsidised registered churches operated in Hungary (among others church of the UFO-believers, of witches, etc.) many of them misusing the offered benefits, not conducting religious activity; and whereas following the new regulations more than 30 are already granted a state-subsidised church status, these covering more than 90% of the Hungarian believers;
Amendment 180 #
Motion for a resolution
Recital CB
Recital CB
CB. whereas at the request of several religious communities and the Hungarian Commissioner for Fundamental Rights, the Constitutional Court examined the constitutionality of the provisions of the Act on Churches and declared in its Decision 6/2013 of 26 February 2013 some of them unconstitutional and annulled them with retroactive effectspecific concerns raised by the Constitutional Court on the recognition of state subsidized churches have been addressed by Parliament under a new bill (No. T/10750) amending the Act on Churches, according to which the proposed new legislation sets out clear conditions for recognition as a state subsidized church, contains an obligation for detailed reasoning of a decision which refuses church status, specifies deadlines for the procedure of recognition and ensures the possibility of legal remedy at the Constitutional Court in cases of refusal or lack of a decision. Any religious community can freely use the denomination "church";
Amendment 183 #
Motion for a resolution
Recital CC
Recital CC
Amendment 187 #
Motion for a resolution
Recital CD
Recital CD
Amendment 316 #
Motion for a resolution
Paragraph 46
Paragraph 46
46. Notes with concern that the modifications introduced in the Fundamental Law by the Fourth Amendment attribute to the parliament the power to recognise, by way of cardinal laws and without the constitthat according to the Treaty of Lisbon the legislation on the relation between state and churches belongs solely to the Member States' competence, thus there are many differences in how churches are recognized in Member States from official state religion (e.g.: Denmark, Greece, Malta) up to solely operating in the form of associations (e.g.: France); takes note that the freedom of religion is entirely ensured by the Fundamental Law (Article VII) stating that "everyone shall have the right to freedom of thought, conscience and religion. This right shall include the freedom to choose or change religion or any other persuasion, and the freedom for every person to proclaim, refrain from proclaiming, profess or teach his or her religion or any other persuasion by performing religious acts, ceremonies or in any other way, whether individually or jointly with others, in the public domain or in his or her private life. (...) The Churches shall be autional duty to justify a refusal of recognition, certain organisations engaged in religious activities as churches, which might negatively affect the duty of the State to remain neutral and impartial in its relations with the variousomous and the State shall cooperate with the Churches for community goals"; takes note that the specific concerns raised by the Constitutional Court on the recognition of state subsidized churches have been addressed by Parliament under a new bill (No. T/10750) amending the Act on Churches, according to which the proposed new legislation sets out clear conditions for recognition as a state subsidized church, contains an obligation for detailed reasoning of a decision which refuses church status, specifies deadlines for the procedure of recognition and ensures the possibility of legal remedy at the Constitutional Court in cases of refusal or lack of a decision. Any religionus and beliefs; community can freely use the denomination "church";