Text file: 9377.txt
author: TB
downvotes: 11
end consideration date: 2018-09-03
id: '9377'
number comments: 17
number views: 3960
proposal type: Competent authority response
response: 'Response from the Ministry of Culture

  The Ministry of Culture (MoC) concludes that the title proposal is not suitable
  for further consideration due to the differences between the Slovenian and German
  constitutional arrangements of the relationship between the state and religious
  communities and the Slovenian principle of the separation of the state and religious
  communities. In the following, the FC provides you with an explanation of its opinion.

  The FC notes that the German church tax regime is based on the explicit church tax
  regime in the German Constitution (see Article 137(6) of the Weimar Constitution
  in conjunction with Article 140 of the Basic Law or Federal Constitution of the
  Federal Republic of Germany of 23 May 1949), which gives the right to collect church
  tax to all religious communities having the status of a public law organisation.

  The Slovenian Constitution does not explicitly define the legal personality of a
  religious community, but in our legal system religious communities are, according
  to the principle of separation of state and religious communities, civil law institutions
  or legal persons governed by private law. This position is also supported by the
  international treaty - the Agreement between the Republic of Slovenia and the Holy
  See on Legal Issues, and by the constitutional jurisprudence - the Constitutional
  Court''s interpretative decision No Rm-1/02 (Official Gazette of the RS, No 118/03)
  and the Act on Religious Freedom (Official Gazette of the RS, No 118/03). Thus,
  point 40 of the explanatory memorandum of the above-mentioned interpretative decision
  concludes that the Agreement does not provide a legal basis for the recognition
  of the public law status of the territorial and personal institutions of the Catholic
  Church. The provision of Article 6(3) of the ZVS explicitly provides that registered
  churches and other religious communities are legal persons governed by private law.'
response date: 2018-10-01
response due date: null
sent date: 2018-08-13
title: Introduction of a church tax
upvotes: 121
url: https://predlagam.vladi.si/predlog/9377
