Freedom of religion and conscience, as well as religious corporate law, are enshrined in the Constitution of 1867 (StGG) and the European Convention on Human Rights (ECHR) with constitutional status. As fundamental rights, they are implemented in laws such as the Recognition Act of 1874 (AnerkG), the Denominational Communities Act (BekGG), and the Religious Education Act (RelUG). These provisions are of particular importance for religious institutions, state-recognized religious societies, churches, and denominational communities.
Religious Law
RIHS – The leading law firm for religious law
Dr. Georg Rihs is one of Austria’s foremost attorneys in the field of religious law, advising on matters ranging from fundamental constitutional questions to their practical implementation for religious communities and institutions.
We see it as our mission to closely monitor and critically assess the dynamic and complex developments in religious law, as well as in the broader area of freedom of religion and conscience, and to actively contribute to the evolution of case law. This deep specialization directly benefits you as our client.
Religious Law in Austria
Freedom of Association & the 2015 Islam Act
The fundamental rights to freedom of religion, freedom of conscience, and freedom of association have gained increasing importance in recent years—both in legislation and in public discourse. The Islam Act 2015 fundamentally reorganised the legal framework governing Islamic religious communities and associations in Austria and continues to raise numerous practical and unresolved legal questions.
The legal structures of public-law entities such as the Islamic Religious Community in Austria (IGGiÖ), its subordinate religious communities, mosque associations, and foundations are highly complex. We advise and support these institutions in all legal, organisational, and compliance-related matters, in particular:
- Establishment and recognition of religious institutions under the Islam Act 2015
- Representation before public authorities to safeguard the rights of religious communities
- Drafting and structuring of association frameworks and statutes
- Review and implementation of regulatory requirements for religious institutions
Many provisions of religious law—particularly under the Islam Act 2015—leave room for interpretation. In such cases, we draw on related legislation, including the Religious Communities Act (BekGG), the Orthodox Act (OrthodoxenG), the Jewish Act (IsraelitenG), and the Protestant Act (ProtestantenG), as well as the relevant case law of the Austrian Constitutional Court.
Religious law is subject to ongoing development. As a firm specialising in this field, we continuously monitor legislative changes, case law, and academic discourse to provide you with up-to-date, reliable legal advice in matters concerning freedom of association and the Islam Act.
Foundations and Funds in Religious Law
Religious purposes may be pursued not only within the framework of religious law, but also through entities established under general foundation and fund law. This offers religious institutions and initiatives additional legal structuring options.
- The Federal Foundations and Funds Act 2015 (BStFG 2015) enables the establishment of charitable foundations and funds, including those with a religious purpose.
- In addition, the various provincial foundation and fund laws contain further provisions governing the establishment, organisation, and supervision of such entities.
Our law firm advises you comprehensively on the legally compliant establishment, structuring, and administration of religiously motivated foundations and funds. We also represent your interests in recognition procedures and in dealings with authorities, and support you in enforcing your rights vis-à-vis public bodies and third parties.
Why RIHS is the premier choice for religious law in Austria
For many years, we have successfully represented clients in a wide range of religious law matters. Working with us offers you clear advantages:
- Academic depth and analytical expertise: Our advice is grounded in thorough legal scholarship and continuous analysis of current legislation and case law.
- Extensive practical experience: We represent and advise religious communities, associations, foundations, and individuals on all aspects of religious law—across all denominations.
- Discretion and confidentiality: Matters of religion require particular sensitivity. We ensure the highest level of discretion and strict confidentiality at all times.
Do you have questions about religious law in Austria or require experienced legal representation? RIHS provides you with competent, effective, and reliable support in all matters of religious law.
Links:
• https://www.bka.gv.at/kultusamt
• https://rechtsphilosophie.univie.ac.at/forschung/religionsrecht/