Legge 07 gennaio 2002, n.3

Act no. 3/2002 Coll. on the Freedom of Religious Expression and the Status of Churches and Religious Societies and Amendments to certain acts, 7 gennaio 2002.

PART ONE
FREEDOM OF RELIGIOUS EXPRESSION AND THE STATUS OF CHURCHES

Title 1
Introductory Provisions

Section 1
Scope of the Regulation

This Act regulates:
a) the status of churches and religious societies;
b) the maintenance of a publicly accessible index of registered churches and religious societies, associations of churches and religious societies, and church legal entities; and
c) the authority of the Ministry of Culture (hereinafter “Ministry”) with regards to the affairs of churches and religious societies.

Section 2
Freedom of Religious Expression

1) Freedom of thought, conscience and religious expression is guaranteed. Everyone has the right to freely manifest his/her religion or belief either alone or in community with others, privately or in public, in worship, teaching, or by observing and participating in religious observances and ordinances. Everyone has the right to change his/her religion or belief or to have no religious affiliation.
2) The right of minor children to religious expression or to have no religious affiliation is guaranteed. Parents or legal guardians may provide direction with respect to the fulfilment of this right in a manner consistent with the developing capacities of their minor children.
(3) No one shall be coerced to join a church or religious society or to leave it, to participate or not participate in religious observances or the observances of a church or religious society.
(4) Everyone has the right to join a monastic or other holy order and to live in religious communities, orders, and similar associations.
(5) No one may have his/her rights restricted on the basis of religion or because he/she participates in or supports religious activities or because he/she has no religious affiliation.

Section 3
Basic Terms

For the purposes of this Act:
a)a “church” or “religious society” is a voluntary association of individuals with its own structure, administrative organs, internal regulations, religious practices, and expressions of faith, established for the observance of a specific religious faith, whether in public or private, and, in particular, for the purpose of gathering together for worship, instruction, and spiritual service;
b) an “adherent” is an individual who, by virtue of his or her conviction, and in conformity with the internal regulations of a church or religious society, is a member of and is said to belong to a church or religious society;
c) “personal data” shall be the full name of individuals, and in the case of Czech nationals, their national identity number, and for resident aliens, proof of nationality and the number of their residence permit, unless provided otherwise by an international agreement binding on the Czech Republic; and
d) the “headquarters” of a registered church or religious society, association of churches or religious societies, or a church legal entity shall be deemed to be the address of its legally registered head office located in the territory of the Czech Republic.

Title II
Churches and Religious Societies

Section 4
Status of Churches and Religious Societies

1) A church or religious society is created by the voluntary association of individuals, which autonomously administers matters relating to the practice of its faith, the organization of its religious community, and the formation of its associated institutions.
(2) The State, its administrative regions, and municipalities shall not conduct or engage in any activity that either promotes or restricts religion.
(3) Churches and religious societies shall administer their own affairs; in particular, they establish and dissolve their administrative organs, ordain and dismiss spiritual leaders, and establish and dissolve religious orders and other church institutions according to their internal regulations, independent of State authority.
(4) A church or religious society shall not use a name, which resembles and could reasonably be confused with that of an already-registered church or religious society.

Section 5
Conditions for the Formation and Operation of Churches and Religious Societies

A church or religious society may not be established nor continue operation if its activities violate applicable legal regulations and if its teachings or activities in any way threaten the rights, freedoms, and equality of citizens and their associations, including other churches or religious societies, or threaten the democratic foundations of the State, its sovereignty, independence, or territorial integrity, or which:
a) are contrary to the protection of public morality, order, and health, or the principles of humanity, tolerance, and the security of citizens;
b) deny or restrict the personal, political, or other rights of individuals on the basis of nationality, sex, race, ethnicity, political persuasion, religious affiliation or social status, or incite hatred or intolerance for these reasons, or support violence or the breaking of laws;
c) restrict the personal freedom of individuals, especially through the use of psychological pressure or physical force to create dependence, leading to physical, psychological, or economic harm to persons and their family members, to the disruption of their social relationships, including impairing the psychological development of minors and restricting their right to education, and preventing or inhibiting a minor from receiving health care appropriate to their respective health needs; or
d) is secret in whole or in certain parts, including the organizational structure of the church or religious society and its ties to foreign components if part of the church or religious society operates outside the territory of the Czech Republic.

Section 6
Registered Churches and Religious Societies

1) A church or religious society acquires status as a legal entity through registration under this Act (hereinafter “registered church or religious society”), unless this Act provides otherwise.
(2) A registered church or religious society may apply for the recordation of its auxiliary organs or monastic orders or other church institutions3 which have been established by the church or religious society in conformity with its own internal rules for the purpose of the organization, and the manifestation and dissemination of religious faith as a legal entity pursuant to this Act (hereinafter “church legal entity”).
(3) A registered church or religious society, in order to fulfil its mission, may in particular:
a) teach and educate its clergy and laity in its own schools and other institutions and in theological universities and seminaries pursuant to relevant law, and
b) obtain authorization to exercise special powers on conditions pursuant to this Act.

Section 7
Special Powers of Registered Churches and Religious Societies

1) A registered church or religious society may, under the conditions prescribed in this Act, carry out its mission by obtaining authorization to exercise the following special powers:
a) to teach religion at state schools pursuant to special statutory provisions;
b) to commission persons who perform ecclesiastical duties to conduct religious services in the military of the Czech Republic, and in penal or detention institutions, and in reform and training facilities;
c) to be financed pursuant to a special statutory provision concerning the financial security of churches and religious societies;
d) to perform marriage ceremonies pursuant to specific statutory provisions;
e) to establish church schools pursuant to specific statutory provisions; and
f) to maintain confessional confidentiality on the part of the clergy in accordance with the exercise of priest-penitent privilege, or an analogous right, if it has been a traditional practice of the church or religious society for at least fifty years, as long as the obligation to report or prevent a crime in accordance with the law) is not affected.
(2) The exercise of special powers in accordance with Paragraph 1, Letters (a) to (e) are provided for in separate specific statutes.
(3) A registered church or religious society with authority to exercise special powers must publish an annual report on its exercise of such powers, in accordance with Paragraph 1, Letters (a) to (e).

Section 8
Associations of Churches and Religious Societies

(1) Registered churches and religious societies, in order to exercise the right of religious freedom in accordance with this Act, may establish associations of churches and religious societies.
(2) Only registered churches and religious societies may be members of associations of churches.
(3) Associations of churches and religious societies may not submit applications for the recordation of church legal entities.

Title III
Registration of Churches and Religious Societies, Associations of Churches and Religious Societies, and Granting Authority to Exercise Special Powers

Section 9
Common Provisions on Registration

(1) Applications for the registration of churches and religious societies and associations of churches and religious societies, and applications by churches and religious societies for authority to exercise special powers, shall be submitted to the Ministry by a person or by an administrative organ pursuant to the provisions of this Act.
(2) Churches and religious societies or associations of churches and religious societies, as registered entities, are authorized to exercise special powers effective from the date of the decision to grant registration or to grant authorization to exercise special powers, respectively.

Section 10
Application for Registration of Churches or Religious Societies

(1) An application for the registration of a church or religious society shall be submitted to the Ministry by at least three individuals (hereinafter “Preparatory Committee”), who shall be at least eighteen years of age, be legally competent, and be citizens of the Czech Republic or foreign nationals with permanent residency in the Czech Republic. The members of the Preparatory Committee shall sign the application and disclose their personal data therein. The Preparatory Committee shall indicate which of its members is authorized to act on the Committee’s behalf. The signatures of the Preparatory Committee must be officially verified.
2) An application for the registration of a church or religious society must include:
(a) the general characteristics of the church or religious society, its teachings and its mission;
(b) the documentation of the founding of the church or religious society in the territory of the Czech Republic;
(c) the original signatures of 300 adult adherents, who shall be either citizens of the Czech Republic or foreign nationals with permanent residence in the Czech Republic affiliated with the church or religious society, their personal data in accordance with this Act, submitted on signature pages bearing identical text which states the full name of the church or religious society seeking registration, and signed only by adherents of the church or religious society; and
(d) the charter of the church or religious society.
(2) The charter of the church or religious society shall include:
(a) the name of the church or religious society, which must differ from the name of any legal entity operating in the territory of the Czech Republic and from the name of any other legal entity that has previously sought registration;
(b) the mission of the church or religious society and its basic articles of faith;
(c) the headquarters of the church or religious society;
(d) the details of the designated executive authority of the church or religious society which acts on its behalf in the territory of the Czech Republic, including the means of its establishment and provisions for its dissolution, the length of the terms of service of its members, details of their scope of authority to act on behalf of and to legally bind the church or religious society, and the scope of authority of any other individuals who may have similar rights to act on behalf of the church;
(e) the personal data of the members of the executive authority provided the executive authority has been established at the time of application;
(f) the organizational structure of the church or religious society, the types of administrative organs and other institutions, with specific distinction made between church legal entities and those legal entities established under other Czech law; if such entities are included in the charter, the means of their establishment and ultimate dissolution must be detailed including the designation of a legal successor, details of the establishment of their statutory organs including provisions for their appointment and recall, the length of their term of office and details concerning if, and to what degree, they may act on behalf of other persons or entities;
(g) the means of ordaining and dismissing clergy;
(h) the means of adopting the charter and for making any subsequent amendments to it;
(5) the details of the relationship between the church or religious society and related churches and religious societies located outside the territory of the Czech Republic;
(j) the main principles of financial management of the church or religious society including, in particular, its means of obtaining financing and the scope of authority of its various administrative organs and institutions to dispose of its property;
(k) the means of dissolving the church or religious society and distributing the proceeds of its liquidation; and
(l) the rights and duties of adherents of the church or religious society.
(5) A Preparatory Committee may act on behalf of the church or religious society until the creation of its statutory organs pursuant to Paragraph 3, Letter (d) of this Section.
(5) If, by the date of registration, an authority has not been established, the church or religious society shall submit the personal data of the members of the authority within ten days of its establishment, in accordance with Section 3, Paragraph 3, Letter (e).

Section 11
Application for Authorization to Exercise Special Powers

(1) A registered church or religious society may submit an application to be granted authority to exercise special powers, provided that it:
(a) has been registered under this Act without interruption for a minimum of ten years as of the date of submission,
b) has published, without interruption, annual reports on its activities during each calendar year for at least ten years prior to the date of submission; and
c) has fulfilled any and all of its obligations toward the State and other third parties).
(2) An executive authority of a registered church or religious society may submit an application for authorization to exercise special powers.
(3) An application for authorization to exercise special powers may be either for permission to exercise all special powers in accordance with Section 7, Paragraph 1, in its entirety, or only for limited special powers in accordance with Section 7, Paragraph 1, Letters (a) through (e)
(4) An application for authorization to exercise special powers, in accordance with Paragraph 7, Letters (a) through (e), shall include:
(a) he original signatures of adherents of the church, who shall be citizens of the Czech Republic or foreign nationals with permanent residence in the Czech Republic, in an amount equal to at least one (1) person for every one thousand (1,000) Czech citizens according to the most recent population census, and their personal data in accordance with this Act, submitted on signature pages bearing identical text which states the full name of the church or religious society seeking authorization, and which are signed only by adherents of the church or religious society;
b) a declaration stating that all of its activities as a legal entity from the effective date of its registration to the date of application for special powers authorization have been in conformity with the conditions prescribed by this Act and that it has satisfied the requirements for obtaining special powers authorization, in accordance with Paragraph 1, Letter (c); and
(c) texts of its annual reports, in accordance with Paragraph 1, Letter (b), and annual accounts summary for the ten year period preceding submission of the application.
(5) The application for authorization to exercise all special powers in accordance with Section 7, Paragraph 1, must satisfy all requirements set out in Paragraph 4, and, in addition, it must include a declaration that the obligation to maintain confessional confidentiality or an obligation analogous to such confidentiality has been a traditional component of the practice of the church or religious society for a period of at least fifty years prior to the application.

Section 12
Application for Registration of Association of Churches or Religious Societies

(1) An application for the registration of an association of churches or religious societies must include:
(a) the name of the association of churches or religious societies, which must differ from the name of any other legal entity operating in the territory of the Czech Republic and from the name of any other legal entity that has previously sought registration;
(b) the headquarters of the association of churches or religious societies;
(c) its Memorandum of Association comprising the names and headquarters of its founding churches or religious societies;
(d) the by-laws of the association, which shall specify the objectives of the association of churches or religious societies; its rules for addressing property rights; its rules for obtaining and terminating its membership; the rights and responsibilities of its membership; the statutory organ of the association of churches or religious societies and other organs of the association; the length of the term of office of officials of its various organs; the means of the election or appointment of said officials and the scope of their authority to act on behalf of the association; and the means of dissolving the association and distributing the proceeds from its liquidation; and
(e) the personal data of individuals (hereinafter “Preparatory Committee of Association”) authorized to act on behalf of the association of churches or religious societies until the creation of its organs, and a designation of which of its members are authorized to act in the capacity of the Preparatory Committee.
(2) The Memorandum of Association shall be submitted in the form of an officially notarized record.
(3) The Preparatory Committee of an Association submits an application for the registration of an association of churches or religious societies. The signatures of the members of the Preparatory Committee of an Association shall be officially verified.

Section 13
Supplementing or Amending Applications for the Registration of Churches and Religious Societies, Associations of Churches and Religious Societies, and for Authority to Exercise Special Powers

(1) Should an application for the registration of a church or religious society or an association of churches or religious societies or an application for obtaining special powers, not fulfil all of the requirements of this Act, the Ministry shall exercise its discretion in establishing a date by which all supplemental documentation must be submitted, but this date shall be at least one month after the Ministry serves notice of its decision.
(2) Such notice shall be served:
(a) in the process of reviewing applications for the registration of churches and religious societies or the registration of associations of churches and religious societies, to the authorized representative of the Preparatory Committee or the Preparatory Committee of the association; or
(b) in the process of adjudicating applications for the authorization to exercise special powers, to the statutory authority of the registered church or religious society.
(3) Should the applicant not submit the required supplemental documentation by the stated deadline, the Ministry shall suspend the administrative review process.

Section 14
Ministerial Procedure

(1) The Ministry, in the process of registering a church or religious society or an association of churches or religious societies, or in the process of authorizing registered churches and religious societies to exercise special powers shall, in accordance with Section 11, Paragraph 1 (hereinafter “application for registration”), verify:
(a) that the application for registration has been submitted by a person who has fulfilled the conditions of this Act;
(b) that the application for registration has met the requirements of this Act; and
(c) that at the time of registering a church or religious society or at the time of granting special powers, that the activities of the church or religious society do not contradict the terms of its charter or the conditions of this Act.
(2) Should the information in the application for registration, pursuant to Paragraph 1 above, conform to the actual state of affairs, and should the conditions established in Paragraph 1 above be fulfilled, the Ministry shall grant registration to the church or religious society or the association of churches or religious societies or grant authority to exercise special powers.
(3) Should the information in the application for registration, pursuant to Paragraph 1 above, not conform to the actual state of affairs, or should the conditions established in Paragraph 1 above not be fulfilled, the Ministry shall deny registration to the church or religious society or the association of churches or religious societies or deny authorization to exercise special powers in accordance with Section 11, Paragraph 3.
(4) The registration of a church or religious society and a grant of authority to exercise special powers shall be recorded in the Index of Registered Churches and Religious Societies on the date when the decision to grant registration or to grant special powers authority becomes legally effective.
(5) The registration of an association of churches or religious societies shall be recorded in the Register of Associations of Churches and Religious Societies on the date when the decision to grant registration becomes legally effective.
(6) Formal notification of a decision to:
(a) register a church or religious society or an association of churches or religious societies shall be served either to a member of the Preparatory Committee who is authorized to act on its behalf or to the Preparatory Committee of the association; or
(b) authorize the exercise of special powers shall be served to the designated administrative authority of the registered church or religious society.

Section 15
Registration of Modifications

(1) Any changes to the charter of a church or religious society or an association of churches or religious societies must also be registered, particularly changes to its name, headquarters and by-laws. Applications to modify such information must be submitted within ten days of making such changes.
(2) An application to amend a charter of a church or religious society or a Memorandum of Association of churches or religious societies shall include the complete text of the applicable revisions.
(3) Changes in the membership of the administrative authorities of registered churches or religious societies, or statutory authorities of associations of churches or religious societies, or in the personal data of members of such authorities are not subject to registration. Such changes shall be recorded in accordance with Paragraph 5 below.
(4) The relevant authorities of a church or religious society or a statutory authority of an association of churches or religious societies, acting in accordance with their respective by-laws and those of their related church or religious society or churches and religious societies, shall give notice to the Ministry of any changes in accordance with Paragraph 3 above, including documentation appointing said individuals, within ten days of making such changes.
(5) The Ministry shall record changes in accordance with Paragraph 3 above in the Index of Registered Churches and Religious Societies or in the Index of Associations of churches and Religious Societies, respectively, within five business days of receipt of the complete revised application. In the event such an application is incomplete, the Ministry shall notify in writing the respective church or religious society or association of churches or religious societies of the deficiency within five business days of its receipt, and the church or religious society or association of churches or religious societies shall provide the Ministry with the required documentation within ten days from receipt of notification.

Title IV
Church Legal Entities

Section 16
Recordation of Church Legal Entities

(1) An application to record an organ of a registered church or religious society such as monastic or holy orders or other religious institutions as church legal entities shall be submitted by the administrative authority of the respective registered church or religious society so designated in its charter in accordance with Section 10, Paragraph 1.
(2) An application to record a church legal entity in accordance with Paragraph 1 above shall include:
(a) documentation relating to the establishment of the entity sought to be recorded by the authorized body of the respective church or religious society so designated in its charter;
(b) specification of its activities and its by-laws, if applicable;
(c) its name, which must differ from the name of any other legal entity operating in the territory of the Czech Republic or from the name of any other legal entity that has previously sought recordation;
(d) its headquarters in the territory of the Czech Republic;
(e) designation of its statutory authority in the territory of the Czech Republic; and
(f) the personal data of the members of its statutory authority.
(3) A registered church or religious society shall submit its application to record a church legal entity, in accordance with Paragraph 1 above, within ten days of the entity’s establishment. The Ministry shall record the church legal entity in the Index of Church Legal Entities within five business days of receipt of the application. Official recordation of a church legal entity shall be deemed to be effective from the date of its establishment by the registered church or religious society.
(4) Should a registered church or religious society not meet the deadline stipulated in Paragraph 3 above, recordation shall become effective on the day of receipt of the application by the Ministry in accordance with Paragraph 1 above.
(5) Should an application in accordance with Paragraph 1 above not meet all the requirements stipulated in Paragraph 2 above, the Ministry shall advise the submitting authority of the respective registered church or religious society of the deficiency within ten business days of receipt of the application. The submitting authority shall then have thirty business days within which to comply and resubmit the revised or amended application in conformance with Paragraph 2 above. Should this subsequent deadline not be met, the Ministry shall discontinue administrative action in the matter.

Title V
Indexes of Churches and Religious Societies, Associations of Churches and Religious Societies, and Church Legal Entities

Section 17
Common Provisions for Indexes of Churches and Religious Societies, Associations of Churches and Religious Societies, and Church Legal Entities

(1) The Ministry shall administer the Index of Registered Churches and Religious Societies, the Index of Associations of Churches and Religious Societies, and the Index of Church Legal Entities, in which information shall be recorded in accordance with this Act. The Indexes shall include the documentation submitted by registered churches and religious societies and associations of churches and religious societies in accordance with this Act.
(2) The contents of the Indexes are open to public inspection with the exception of certain personal data of the individuals named therein; namely, their permanent address, their personal identity number, information about their nationality or their residence permit number where applicable. The collection of documents pursuant to Section 10, Paragraph 2, Letter c) and Section 11, Paragraph 4, Letter (a) shall not be open to public inspection.
(3) The public shall have the right to inspect and transcribe or extract information contained in the Indexes mentioned in Paragraph 1. Pursuant to a written request, the public may make copies, or obtain an official extract or confirmation of certain records or information, or a verification of the absence of certain information not contained in the Register. The contents of the non-public portions of the Indexes shall be provided by the Ministry only upon verification of a valid legal interest.
(4) Matters recorded in the Indexes pursuant to Paragraph 1 are part of the valid public record from their date of recordation. Information entered in the Index pursuant to the Act is considered legally binding, and the entity to which a given entry relates may not later dispute the truthfulness of that entry in legal or other proceedings.
(5) An entry in the Indexes pursuant to Paragraph 1 regarding matters in which the Ministry administers a decision pursuant to its discretion becomes effective on the date of the decision. Entries and amendments that are not subject to the Ministry’s discretion are effective from the date specified in this Act.
(6) The Ministry shall assign a corporate identification number to registered churches and religious societies, associations of churches and religious societies, or church legal entities concurrent with the recordation of the entity pursuant to Paragraph 1.

Section 18
Index of Registered Churches and Religious Societies

(1) The following information and amendments shall be recorded in the Index of Registered Churches and Religious Societies:
(a) the name and headquarters of the registered church or religious society with the date and registration number.;
(b) the name and headquarters of the administrative authority of the registered church pursuant to Section 10, Paragraph 3, Letter (d);
(c) the personal data of the members of the administrative authority pursuant Section 10 Paragraph 3 Letter (d);
(d) the corporate identification number of the registered church or religious society;
(e) the granting of authority to exercise special powers, with the date and number of registration, and an indication if the church was granted all special powers, pursuant to Section 7, Paragraph 1, or only limited special powers, pursuant to Section, 7, Paragraph1, Letters (a) through (e);
(f) the date of de-registration of the church or religious society, the date of its entry into liquidation and the personal data of the liquidator, the bankruptcy order and the personal data of the official receiver, the rejection of an application for bankruptcy proceedings due to insufficient assets, and the date of initiation of settlement proceedings, the official case numbers of decisions on these matters, the dissolution of the church or religious society; and
(g) information identifying the legal successor of the church or religious society, if applicable.
(2) In addition to Paragraph 1, the Index will contain a collection of documents, including documents submitted with the application for registration of a church or religious society, in the application for authority to exercise special powers, and for submitted amendments and modifications and related ministerial decisions.

Section 19
Index of Associations of Churches and Religious Societies

(1) The Index of associations of churches and religious societies shall include the following information:
(a) the name and headquarters of the association of churches or religious societies with the date registration number;
(b) the names of the members of the association of churches or religious societies and their headquarters;
(c) the name and headquarters of the statutory authority of the association of churches or religious societies;
(d) the personal data of the members of the statutory authority of the association of churches or religious societies;
(e) the corporate registration number of the association of churches;
(f) the date of de-registration of the association of churches, the date of its entry into liquidation and the personal data of the liquidator, the bankruptcy order and the personal data of the official receiver, the rejection of an application for bankruptcy proceedings due to insufficient assets, and initiation of settlement proceedings, the official case numbers of decisions on these matters; and
(g) information identifying the legal successor to the association of churches or religious societies, if applicable.
(2) In addition to Paragraph 1, the Index will contain a collection of documents, including documents submitted in the application for the registration of an association of churches or religious societies, and for submitted amendments and modifications and related Ministerial decisions.

Section 20
Index of Church Legal Entities

(1) The following information shall be recorded in the Index of church legal entities:
(a) the name of the church legal entity with the date and number of recordation;
(b) the headquarters of the church legal entity in the territory of the Czech Republic;
(c) the designation of the statutory authority of the church legal entity;
(d) the personal data of the members of the statutory authority of the church legal entity;
(e) the corporate registration number of the church legal entity;
(f) the date of suspension of recordation of the church legal entity, the date of its entry into liquidation and the personal data of the liquidator, the bankruptcy order and the personal data of the official receiver, the rejection of an application for bankruptcy proceedings due to insufficient assets, and initiation of settlement proceedings, the official case numbers of decisions on these matters; and
(g) information identifying the legal successor of the church legal entity, if applicable; and
(h) the dissolution of the church legal entity.
(2) In addition to Paragraph 1, the Index will contain a collection of documents, including documents submitted in the application for the registration of a church legal entity, and for submitted amendments and modifications and related Ministerial decisions.
(3) Data pursuant to Paragraph 1, Letter d) and its amendments are, at the request of a registered church or religious society, substituted by the administrative authority of the church or religious society, which administers these amendments and which is subject to the duty to take adequate steps to conform with Section 17 regarding the Index of Church Legal Entities.

Title VI
Dissolution and Termination of Registered Churches and Religious Societies, Associations of Churches and Religious Societies, Church Legal Entities, and the Revocation of Authority for Registered Churches and Religious Societies to Exercise Special Powers

Section 21
Revocation of Authority to Exercise Special Powers

(1) The Ministry shall initiate the procedure to revoke the authority to exercise special powers
(a) should a registered church or religious society significantly or repeatedly breach its obligations towards the state and other third parties;
(b) should a registered church or religious society fail to publish an annual report pursuant to Section 7, Paragraph 3; or
(c) at the request of an authority of the state administration pursuant to its particular competence derived by special law, in which a charge is substantiated that a registered church or religious society has significantly or recurrently breached obligations that are the subject of a special rule or agreement concluded with or imposed by this particular entity of the state administration.
(2) The Ministry shall discontinue the procedure outlined in Paragraph 1 to revoke the authority of a registered church or religious society to exercise special powers should the reason for initiating the procedure cease to exist, or should the registered church or religious society substantiate in writing, and to the mutual satisfaction of those parties materially affected by its actions, that it will take all necessary steps to completely remedy the situation providing the basis for initiating the revocation procedure.
(3) The Ministry’s decision to revoke the authority of a church or religious society to exercise special powers shall apply to all special powers pursuant to Section 7, Paragraph 1.
(4) The Ministry’s decision to revoke the authority of a registered church or religious society to exercise special powers shall be transmitted to the Ministry of the Interior once the decision takes legal effect.

Section 22
Deregistration of Churches and Religious Societies and Associations of Churches and Religious Societies

(1) The Ministry shall initiate the procedure to deregister a church or religious society or an association of churches and religious societies:
(a) at the request of a registered church or religious society to terminates its registration, or at the request of an association of churches or religious societies to terminate registration;
(b) in situations involving the suspension of bankruptcy proceedings upon fulfilling of distribution schedule or in the case of a cancellation of a bankruptcy order because the bankrupt entity’s assets are insufficient to cover the costs of the bankruptcy proceedings or if a bankruptcy petition is rejected on grounds of insufficient assets;
(c) if the activities of a registered church or religious society or of an association of churches or religious societies are in violation of the law;
(d) if the administrative authorities of a registered church or religious society or the statutory authorities of an association of churches or religious societies remain inactive or unoccupied for a period of time exceeding two years, or if the members of the previously constituted statutory authorities completed their term of office more then two years prior and new authorities were not properly appointed in their place.
(2) Upon discovering the commission of unlawful activities as described in Paragraph 1, Letter © the Ministry shall invite the registered church or religious society or association of churches or religious societies to cease the unauthorized activity before initiating deregistration proceedings. If the registered church or association of churches continues in this activity, the Ministry shall initiate the deregistration procedure.
(3) Likewise, the Ministry shall proceed as outlined in Paragraph 2 in the event of the circumstances described in Paragraph 1, Letter (d).

Section 23
Procedure Governed by Special Legislation

The liquidation of a registered church or religious society or an association of churches or religious societies or a church legal entity pursuant to this Act shall be subject to the appropriate provisions of special legislation, unless this Act provides otherwise.

Section 24
Means of Revoking the Registration of a Church or Religious Society and an Association of Churches and Religious Societies

(1)The registration of church or religious society and association of churches or religious societies is revoked when a decision on deregistration becomes legally effective.
(2) The deregistration of a church or religious society shall be followed by its liquidation and the liquidation of all its associated church legal entities, unless this Act provides otherwise.
(3) Notwithstanding the dissolution and liquidation provisions contained in Section 22, Paragraph 1, Letter (a) regarding deregistration, another registered church or religious society may consent in writing to assume the rights and obligations of the defunct church or religious society and its recorded church legal entities.
(4) Notwithstanding the dissolution and liquidation provisions contained in Section 22, Paragraph 1, Letter (a), another registered association of churches or religious societies may consent in writing to assume the rights and obligations of the defunct association of churches or religious societies.
(5) A liquidator shall inform the Ministry of the completion of the liquidation procedure within five business days.
(6) The proceeds of the liquidation process outlined in Paragraph 2 are transferred to another registered church or religious society as designated in its charter. If this determination is not made in the charter or if the designated church has been deregistered or if this registered church rejects the liquidation proceeds, the liquidation proceeds accrue to the State, which shall use the liquidation proceeds for the benefit of other registered churches and religious societies.

Section 25
Dissolution of a Registered Church or Religious Society or Association of Churches or Religious Societies

(1)A registered church or religious society or an association of churches or religious societies ceases to exist as a legal entity on the date of its removal from the indexes in accordance with Section 18, Paragraph 1, Letter (f) or Section 19, Paragraph 1, Letter (f) of this Act.
(2) The Ministry shall amend the indexes pursuant to the previous Paragraph within five business days of receiving notice from a liquidator on the completion of the liquidation procedure or five days from the date when a decision on deregistration becomes legally effective in cases when liquidation is not required or carried out pursuant this Act.

Section 26
Revocation of the Official Status of a Church Legal Entity and its Dissolution

(1)The Ministry shall revoke the official status of a church legal entity:
a) at the request of a registered church or religious society within five business days of receipt of the request,
b) at its own discretion, if it determines that the church legal entity has acted beyond the scope of its permissible activities outlined in its original recordation request pursuant to Section 15, Paragraph 4, or in violation of the law and if the relevant authority of the associated registered church or religious society does not act to remedy the matter following a request by the Ministry, before the date when the decision to revoke the entity’s legal status becomes legally effective,
c) at its own request if the church or religious society which originally proposed requested recordation of the church legal entity was itself deregistered, effective from the date when the decision on the deregistration of the church or religious society becomes legally effective pursuant to Section 24, Paragraph 3;
d) if the property of the church legal entity is the subject of a bankruptcy order, in situations involving the suspension of bankruptcy proceedings upon fulfilling of a distribution schedule or in the case of a cancellation of a bankruptcy order because the bankrupt entity’s assets are insufficient to cover the costs of the bankruptcy proceedings, or if a bankruptcy petition is rejected on grounds of insufficient assets.
(2) A church legal entity ceases to exist upon its removal from recordation from the Index of Church Legal Entities.
(3) The dissolution of a church legal entity occurs with the revocation of its official status and asset liquidation or revocation of its official status without liquidation in cases when its property and legal obligations are transferred to the associated church or religious society or other associated church legal entity.
(4) If the liquidated assets of the church legal entity are insufficient to satisfy its outstanding obligations, the church that requested its recordation is liable for these obligations.
(5) If the church legal entity is dissolved without liquidation and if it is not the subject of bankruptcy proceedings, its date of dissolution is the date of its deletion from the Index of Church Legal Entities.

Title VII
Common, Temporary, Authorising and Final Provisions

Section 27
Common Provisions

(1) General rules on administrative procedure govern any procedure prescribed by this Act, unless this Act provides otherwise.
(2) Applications submitted pursuant to this Act must be in written form and in duplicate.
(3) Applications submitted pursuant to this Act must be completed in the Czech language. Documents in a language other than the Czech language must be translated into the Czech language and must be officially verified, unless provided otherwise by international agreement binding on the Czech Republic.
(4) The proceeds of a church or religious society consist namely of:
a)contributions of individuals and legal entities;
b) proceeds from the sale and lease of chattels, real property, and intellectual property of churches;
c) interest on deposits ;
d) gifts and bequests;
e) collections and contributions of a portion of the proceeds derived according to the provisions of a special law;
f) loans and lines of credits;
g) proceeds from business activities or other profit making ventures;
h) grants and subsidies.
(5) The scope of any business activities and profit making ventures must be defined in the charter of the church or religious society. The business activities and other profit making ventures of a church or religious society shall only be a Supplemental revenue raising activity and all proceeds shall be used exclusively for fulfilling the aims of the activities of the church or religious society.
(6) A church or religious society shall conduct its bookkeeping in accordance with special rules.
(7) The Ministry shall assign a corporate registration number only to legal entities established pursuant this Act. The assignment or revocation of corporate registration numbers is conducted pursuant to special rules.
(8) The Ministry may, with the consent of the government make exceptions to this Act and grant authorization to exercise special powers pursuant to Section 7, Paragraph 1 to churches and religious societies that represent significant world denominations with long-standing tradition and which operate in the territory of the Czech Republic as a registered entity pursuant this Act. In such cases, the conditions outlined in Section 11, Paragraph 1 are not applicable. Applications to be granted authorization to exercise special powers may be submitted by a registered church or religious society that adequately fulfils its obligations toward the State and other third parties. Exceptions pursuant to this Paragraph will only be considered for five years from the effective date of this Act.
(9) The Ministry shall transmit data on all recorded legal entities to the Czech Statistical Office within thirty business days of their recordation in the Index in accordance with Paragraph 1 to the extent required to maintain statistics on the Indexes.

Section 28
Transitory Provisions

(1)Churches and religious societies that have heretofore conducted their activities as registered entities prior to the date that this Act becomes effective are still deemed to be registered for purposes of this Act. An index of these entities included in an annex of this Act. The scope of authority to the exercise of special powers in accordance with Section 7, Paragraph 1, which these churches and religious societies enjoyed prior to the effective date of this Act, shall remain unchanged.
(2) Pending adoption of a special law pursuant to Section 7, Paragraph 2, special powers may continue to be exercised subject to the previously applicable provisions governing their use. Agreements regarding the authorization to exercise these powers that were concluded before the effective date of this Act remain valid.
(3) Church legal entities recorded by the effective date of this Act are considered to be recorded for purposes of this Act. The date of recordation in accordance with previously applicable laws remains valid.
(4) Registered churches and religious societies established and now operating pursuant to Paragraph 1 are required to submit all data otherwise required by this Act for registration within one year of the effective date of this Act. If a registered church or religious society does not provide this information within the specified time, the Ministry shall officially request that the church or religious society provide the information within thirty days. If the church or religious society does not comply within this term, the Ministry may initiate the deregistration procedure for failure to provide the required information.
(5) A registered church or religious society is required to submit all data otherwise required by this Act for the recordation of church legal entities within one year of the effective date of this Act by the administrative organ so designated in the charter. If the required information pertaining to a church legal entity is not provided within the specified time, the Ministry shall officially request that the church or religious society provide the information within thirty days. If the church or religious society does not comply within this term, the Ministry may initiate the procedure to revoke the recordation of the church legal entity for failure to provide the required information. For church legal entities in existence for at least fifty years, a sworn statement regarding the required information can be submitted in place of the entity’s charter and founding documents as required by Section 16, Paragraph 2, Letter (a) of this Act.
(6) The Ministry shall conduct an audit of all corporate identification numbers assigned to legal entities within two years of the effective date this Act and until such time, the granting or changing of numbers shall be governed by special law.

Section 29
Authorizing Provision

The Ministry shall, in a subsequent administrative decree, establish the details and conditions for administering the Index of Registered Churches and Religious Societies, the Index of Associations of Churches and Religious Societies, and the Index of Church Legal Entities and provide exhibits of all entries from both registration or recordation pursuant this Act.

Section 30
Repealing Provisions

The following laws are hereby repealed:
(1) Act No. 308/1991 Coll., on the Freedom of Religious Belief and the Status of Churches.
(2) Act No. 161/1992 Coll., on the Registration of Churches and Religious Societies.

PART TWO
AMENDMENT TO THE LAW ON PUBLIC SERVICE AND AUTONOMY ON THE EDUCATIONAL SYSTEM

Section 31

In Section 10, Paragraph 1 of Act No. 564/1990 Coll., the Law on Public Service and Autonomy in the Educational System, in accordance with Act No. 132/2000 Coll., the word “registered” is inserted after the word “organized”, the word “associations” is replaced by the word “societies”, and following the word “societies” a comma is inserted followed by the phrase, “which have been granted authority to exercise special powers,”.

PART THREE
AMENDMENT TO THE LAW ON INCARCERATION AND AMENDMENTS TO CERTAIN RELATED STATUTES

Section 32

In Section 20, Paragraph 3 of Act No. 169/1999 Coll., the Law on Incarceration, following the word “societies” a comma is inserted followed by the phrase, “which have been granted authority to exercise special powers,”.

PART FOUR
AMENDMENT TO THE LAW ON DETENTION

Section 33

(1)In Section 15, Paragraph 2 of Act No. 293/1993 Coll., the Law on Detention, in accordance with Act No. 208/2000 Coll., following the word “societies” a comma is inserted followed by the phrase, “which have been granted authority to exercise special powers,”.
(2) Footnote five (5) reads:
(5) Act No. 3/2002 Coll., the Law on Religious Freedom and the Status of Churches and Religious Societies and Amendments to Certain Laws (the Law on Churches and Religious Societies).
Section 91, Act No. 100/1988 Coll., the Law on Social Security, in harmony with Act No. 180/1990 Coll.

PART FIVE
AMENDMENT TO THE LAW ON THE ECONOMIC SUPPORT OF CHURCHES AND RELIGIOUS SOCIETIES BY THE STATE

Section 34

Act 218/1949 Coll., the Law on Economic Support of Churches and Religious Societies by the State, in accordance with Act 88/1950 Coll., Act 16/1990 Coll., Act 165/1992 Coll., and Act 522/1992 Coll., are amended as follows:
(1)In Section 1, Paragraph 1, following the word “societies” a comma is inserted followed by the phrase, “which have been granted authority to exercise special powers,”.
(2) Footnote one (1) reads:
“1) Act No. 3/2002 Coll., the Law on Religious Freedom and the Status of Churches and Religious Societies and Amendments to Certain Laws (the Law on Churches and Religious Societies).”.
(3) In Section 8, Paragraph 1, following the word “societies” a comma is inserted followed by the phrase, “which have been granted authority to exercise special powers,”.

PART SIX
AMENDMENT OF THE PENAL CODE

Section 35

In Section 168 of Act No. 140/1961 Coll., the Penal Code, in accordance with Act No. 45/1973 Coll., Act No. 175/1990 Coll., Act No. 545/1990 Coll., Act No.290/1993 Coll., Act No. 38/1994 Coll., Act No. 152/1995 Coll., Act No. 148/1998 Coll., and Act No. 210/1999 Coll., the following text is appended to the end of Paragraph 3:
“The duty to inform is not binding upon the clergy of registered churches and religious societies with the authority to exercise special powers if he or she learns of the commission of a crime in the context of communications protected by confessional confidentiality or another analogous right.”

PART SEVEN
EFFECT

Section 36

This Act shall become effective on the date of publication.

Appendix to Act No. 3/2000 Coll.
The List of Registered Churches and Religious Societies in the Czech Republic

1. The Apostolic Church
2. The Baptist Union in the Czech Republic
3. The Church of the Seventh-day Adventists
4. The Church of the Brotherhood
5. The Czechoslovak Hussite Church
6. The Church of Jesus Christ of Latter-day Saints
7. The Greek Catholic Church
8. The Roman Catholic Church
9. The Evangelical Church of the Czech Brotherhood
10. The Evangelical Church of the Augsburg Confession in the Czech Republic
11. The United Methodist Church
12. The Federation of Jewish Communities in the Czech Republic
13. The Unity of Brethren
14. The Christian Congregations (Open Brethren)
15. The Lutheran Evangelical Church of the Augsburg Confession in the Czech Republic
16. The Religious Society of the Czech Unitarians
17. The Religious Society of Jehovah’s Witnesses
18. The New Apostolic Church in the Czech Republic
19. The Orthodox Church in the Czech Lands
20. The Silesian Evangelical Church of the Augsburg Confession
21. The Old Catholic Church in the Czech Republic