Religious organization in France

History

The law of 1905 made necessary this type of associations to ensure the exercise of the worships formerly spring of public corporations (the Churches Lutherans and reformed and the Consistories Jews) or certificated Catholic church . One indeed needed an entity for which to allot their goods, in particular real, and which can remunerate their ministers.

Catholicism refused to apply the law of 1905 (it will create later associations diocésaines ). The Judaism kept its last structures. Besides the Protestant Églises thus constituted the very large majority of the pertaining to worship associations , the associative model presenting parallels obvious with their traditional system of organization.

The being and the mission of these Churches do not become exhausted however in the aforementioned associations: they had to constitute, in their center or together, other associations only of law of 1901 which enable them in particular to exert the mutual aid and the Mission.

Legal mode

Declaration of a religious organization

Any association can be declared in Préfecture as a religious organization in accordance with the law of December 9th, 1905, the Republic not recognizing any Culte. The prefect will be able nevertheless to engage a posteriori an action for annulment near the Court of Bankruptcy, if association continues an illicit object.

Legal authenticity of the pertaining to worship term

However the pertaining to worship term does not carry a legal authenticity at the time of the declaration of association. As recalled it the Minister of Interior Department (responsible for the central Office of the Worships) to the prefects, it is only when the administration grants the benefit of tax incentives or the authorization to receive to him gifts and Legs, as a religious organization within the meaning of the law of 1905, that its pertaining to worship character is punctually recognized.

The authorization to receive gifts and legacy, and to deliver tax receipts opening right to tax deductions for the givers, is delivered by order of the prefect for five years. One speaks then about the “great legal capacity” of pertaining to worship associations, which one generally says that they “are recognized” pertaining to worship.

Requirements

Administrative jurisprudence established three conditions to fill so that an association can be regarded as pertaining to worship within the meaning of the law of December 9th, 1905:

It must be devoted to the exercise of a worship .
Its object must be exclusively pertaining to worship . It must thus be limited to the following activities: the celebration of ceremonies organized for the achievement, by people brought together by the same religious belief, certain rites or some practical; acquisition, the hiring, construction, the installation and the maintenance of the buildings being used for the worship, as well as the maintenance and the training of the ministers and other people contributing to the exercise of the worship. Thus are excluded the cultural activities, leading, social or humane, which must possibly be the subject of another association with nonlucrative goal (law of July 1st, 1901).
Its statutory object as its effective activity should not carry reached to the law and order . The circumstance which an association made the object of various judgments for grave offenses and deliberated with the legislation can be opposed for the benefit of the statute of religious organization to the other associations attached to the same worship and carrying on their activities in close connection with that one. On the other hand, the only qualification of " sectarian movement " given by parliamentary reports any Trouble with the law and order is not enough to justify.

Prefectoral control

The ministry for the Interior recently reminded the prefects that they must check that pertaining to worship associations which require the benefit of articles 200 and 238 (a) satisfy its conditions well. Also must they carry out an closer examination of the file of association, in the case of new requests, before returning a decision by decree:

Control of conformity to the law of its statutory object, in particular its exclusively pertaining to worship character.
Vérifier that its receipts are exclusively affected with the needs for the worship.
to make sure that its activities do not disturb the law and order and is not reprehensible taking into consideration the criminal law or more generally respect of the legislation. The examination can be widened with other associations of the same worship. In case of doubt, an investigation of police force must be carried out and it is advisable to also consult the cell of vigilance against the sectarian drifts at the departmental level.

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