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Freedom of religion and conscience

Freedom of religion and conscience

The human rights of freedom of religion and conscience as well as the right of association are part of the Austrian constitution since the Austrian States Fundaments Code 1867 and the European Convention on Human Rights. These fundamental human rights have been realized by legislation, e.g. in the Code on the Recognition of Religious Associations. They are also relevant in the field of educational law and were manifested in the Code on Religious Instructions.

We accept the challenge to critically observe the ongoing developments in this field of law and contribute to legal certainty.

Freedom of association, Islam Act 2015

Recently, the human rights of freedom of religion, conscience and association of religious entities have gained the attention of the public and the legislator. In the Islam act 2015, the legislator has defined the rules of association for Islamic organizations and federations. The regulations on the legal creation of official entities like the Islamic Denomimation in Austria, religious communities and associations of mosques as well as crusts are complex.

Our thorough and scholarly research on complex issues in the field of public law enables us to counsel and represent you in questions with regards to incorporation, legislation on association and organization as well as compliance with the requisite accuracy.

Will gladly advise and represent existing associations and institutions on the way to incorporation according to the Islamic Act 2015 and provide our expertise for the assessment of the legal regulations on their activities.

After the incorporation of associations legally recognized by the Austrian Islamic denomination and by the competent authorities, special regulations apply with regards to the liquidation of associations and the right to use religious terms in denominations.

Religious regulations like the Islamic act 2015 do not give a definite answer to all the questions. Eventually, practical problems may be only solved by a detailed comparison with other legislative acts on religion, e.g. the Law on Religious Organisations, the Law on the Orthodox Church, the Law on the Israelites, the Law on Protestants and the relevant jurisdiction of the Austrian Constitutional Court. In these cases, definite conclusions and guidelines for religious and administrative decision makers may only be gained by a synopsis of several legal sources.

We are conscious of the dynamic development in the field of religious law, and we pursue the jurisdiction and jurisprudence, especially with regards to the Islamic Act 2015, with great interest.

Federal Trusts and Funds Act 2015, regional legislation on trusts and funds

Religious institutions may not only be incorporated according to religious law or the respective intra-religious provisions. Inter alia, the federal trusts and found act 2015 provides for the incorporation of philanthropic trusts and funds. These may also pursue religious purposes.

We will gladly explain the legal requirements for the incorporation and administration of crusts and funds and represent these institutions at authorities and courts.

We and with your affairs with the most secrecy and discretion. The technical equipment for office complies with the latest standards of data protection. The structure and organization of the office ensures absolute confidentiality.

Please contact us if you have questions with regards to our services in the field of religious law in Austria!

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