Accordo 22 dicembre 2000
Ungheria: Agreement between the Government of the Republic of Hungary and the Alliance of the Jewish Communities of Hungary
Agreement between the Government of the Republic of Hungary and the Alliance of the Jewish Communities of Hungary, 22 dicembre 2000.
The Government of the Republic of Hungary (hereinafter referred to as Government) and the Alliance of the Jewish Communities of Hungaryry (MAZSIHISZ; together referred to as Parties), convinced that the confirmation of the principles characterizing the relationship between the Government and the MAZSIHISZ is necessary, and for the purpose of defining those Governmental and church duties which determine the cooperation between the Parties, have reached an Agreement.
The scope of the present Agreement covers the issues related to the state financing of religious, public purpose and public benefit activities of the MAZSIHISZ as well as those guarantees that are to advocate the bona fide practice of the rights and duties.
Present Agreement is first of all based on the regulations of sections 8, 60, 67 and 70/A of the Constitution, on Act IV/1990 on the Freedom of Conscience and Religion and the Churches, on Act XXXII/1991 on the Settlement of Ownership of Former Real Properties of the Churches as well as on Act CXXIV/1997 on the Financial Conditions of the Religious and Public Purpose Activity of Churches and takes into consideration Constitutional Court decision No. 4/1993. (II. 12.) AB.
The Parties state that the relationship between the state and the churches has been established on new grounds by the reintroducing of the democratic political system. In harmony with that, instead of the formal ideological opposition, today there exists a partnership based, mutually responsible cooperation accompanied by the guarantee of freedom of religion and the principle of separation of church and state.
The Government highly respects the historical traditions of the Jewish denomination and the efforts generated by its faith to promote the moral and intellectual rise of the nation, its participation in the Hungarian fights for independence, its role played in the emergence of the middle class and the joining of the European culture, its service in the field of protecting and developing the identity and culture of the nation, in harmony with the integration of its own culture. The Government is pleased to acknowledge that the MAZSIHISZ, after decades of the deprivation of rights, has started its active involvement in maintaining educational, cultural, social and other public benefit institutions and thus participates in the fulfilment of public duties and in the promotion of the public good. The Government welcomes the efforts of the MAZSIHISZ which contribute to the purpose that the Republic of Hungary would be an honoured member of the community of the European nations, and further that the Republic of Hungary should support the efforts of Hungarians living outside the borders to protect and develop their identity and culture, and would be able to cooperate with all the peoples and nations of the world.
The MAZSIHISZ highly respects the intention of the Government that it wishes to settle the constitutional and partner like relationship between the denomination and the state in accordance with the Constitution of the Republic of Hungary. MAZSIHISZ declares that it regards as a mission generated by its beliefs to serve the general welfare of the country for the benefit of the Republic of Hungary and all the citizens thereof.
The MAZSIHISZ is a legal entity with a self government that possesses the church legislative, executive and judicial powers regarding its own organization. It also provides for the fulfilment of public purpose and public benefit duties generated by the beliefs of those following the doctrines of the MAZSIHISZ.
The Government recognizes the self government of the MAZSIHISZ and shall not set up an organization to control and supervise it.
In accordance with its own doctrines, as regards religious activities, the MAZSIHISZ shall provide for religious services, and the liturgy, as well as for the expression of religious beliefs, the public exercise and teaching thereof. The Government shall provide aid so that the Jewish places of memory that were abandoned in the country after the holocaust should be preserved and taken care of in dignity for the upcoming generations. The Government respects and promotes the church actions for the preservation of the memory of the victims of the holocaust.
By virtue of the constitutional right granting the free exercise of religion, the MAZSIHISZ regards it as a duty of its own to render possible the participation at religious services and ceremonies and other activities for those demanding it in the teaching educational, social, health care, family child and youth protection institutions that are not maintained by the MAZSIHISZ, as well as in institutions belonging to the Hungarian Army and penitentiary facilities.
Based on the principle of separation of church and state, and for the Purpose of granting freedom of religion, the Government shall respect the self government of the MAZSIHISZ, shall ensure the freedom of its undisturbed practice of religion and promote the adequate representation of MAZSlHISZ in the national public institutions, and shall advocate the spread of information on religious history in the widest possible range.
PUBLIC SERVICE DUTIES
Generated by its traditions, the MAZSIHISZ regards it as its own duty to establish, maintain and operate kindergarten, basic, secondary – and higher education institutions as well as vocational education institutions featuring the intellectual and moral quality as is derived from its doctrines.
In harmony with its doctrines, the MAZSIHISZ regards it as its duty to establish, maintain and operate such social, health care, family, child and youth protection institutions that shall contribute to the preservation of spiritual and physical health.
The MAZSIHISZ shall assume a role in the protection, creation and the transmission of cultural values as well as the patronage thereof and provide for the maintenance, protection, enrichment and the securing of the common use of those pieces of religious, cultural and national heritage that constitute a fundamental part of the Hungarian cultural heritage (archives, libraries, museums and other collections as well as the values protected therein, together with monuments, historic buildings, etc.).
The Government recognizes and appreciates the activities of the MAZSIHISZ in the fields of: education, social and health care, child welfare and protection, family and youth protection, cultural as well as other community service activities. The Government recognizes and respects the fact that the institutions serving public duties and maintained by the MAZSIHISZ shall receive the same financial and operational resources in all respects as public and municipal institutions do, and that the Government shall grant for the development of church institutions equal legal, financial and competition terms and conditions as to state and municipal institutions.
Through its legislation, the Government guarantees and through the preparation of legislation it endeavours to guarantee that these public service institutions maintained by the MAZSIHISZ shall enjoy the same conditions for development as similar public and municipal institutions do. The Government promotes that the MAZSIHISZ as well as its tradi¬tions and role in the national cultural heritage shall gain an adequate rep¬resentation in the fields of educational and cultural life.
The Government recognizes that the MAZSIHISZ regards it to be its important duty to enhance the knowledge of the wide scope of citizens on the historical and religious traditions of Judaism, as the spread of this information enables the further integration of the Jewry in Hungary, the fighting back of anti Semitism and related negative and unscientific views. The Government agrees and encourages that the MAZSIHISZ lays special emphasis on information in the public and non public edu¬cational institutions on the historical facts of the holocaust in objective light, to be known in the widest circles and that the victims of the holo¬caust should be regularly commemorated in a deserving way.
PUBLIC SERVICE AND SOCIAL DUTIES
In harmony with its doctrines and historical traditions, the MAZSI¬HISZ represents certain values determinant of the Hungarian society and serving as a basis for the formation of the European state and society.
By virtue of its international relations, the MAZSIHISZ is ready to serve the good reputation of the Republic of Hungary and supports the efforts of the country to protect and develop the identity and culture of the Hungarians living outside the borders. In case it is needed, the MAZSIHISZ acts as a goodwill missioner and mediator.
Upon occasional request, the MAZSIHISZ is ready to cooperate in the execution of public or municipal objectives that do not contradict with its doctrines and organization (refugees, victims of natural disasters, reintegration duties, participation in the army and penitentiary chaplaincy, etc.).
For the support of its religious, public service and public benefit activities, the MAZSIHISZ may establish foundations, associations, public benefit associations or can participate in such organizations.
The Government accepts and highly respects the participation of the MAZSIHISZ in the execution of public duties. By an active participation in the legislation and in other ways, it helps the MAZSIHISZ reach a wide publicity that is duly deserved for its historic role and for its service carried out for the benefit of the whole society.
ON THE TERMS AND CONDITIONS OF THE FINANCIAL SUPPORT OF THE RELIGIOUS PUBLIC SERVICE AND PUBLIC BENEFIT ACTIVITIES OF THE MAZSMISZ BY THE STATE
In accordance with its own rules and regulations, the MAZSIHISZ asks for and collects donations, and the state, municipal or public admin¬istration authorities shall not inquire any information thereof. The pro bono donations according to Act LXXXI/1996 on corporation and divi¬dend tax as well as according to Act CXVII/1995 on personal income tax do not qualify under this provision.
The MAZSIHISZ is entitled to a portion of the revenues of the central budget calculated in accordance with the relevant acts, and on the basis of the manifestation of the citizens' will, according to the Act on the use of a specified amount of personal income tax in accordance with the tax¬payer's instruction.
The Government shall guarantee that the higher education institutions of the MAZSIHISZ in accordance with the always effective legislation shall receive the same support as public higher education institutions. The Government grants support from the central budget on the same grounds and to the same extent to state funded students of the higher education institutions of the MA ZSIHISZ as to state funded students of public high¬er education institutions.
The Government furthermore shall guarantee the state financing of the religious and moral education carried out by the MAZSIHISZ by taking into consideration the average wage per hour for teachers, irrespective of the maintainer of the institution or the circumstances under which the education takes place.
For the protection, renovation and enrichment of religious and cultural institutions, collections, museums, libraries and archives belonging to the MAZSIHISZ, the MAZSIHISZ shall receive the same support defined in the annual central budget as state owned similar cultural institutions. The Government shall allocate a regular support for the protection and renovation of historic monuments, artistic works and other values constituting the national cultural heritage and the property of the MAZSIHISZ.
The Government shall execute the settlement of ownership of former real properties of churches not serving as basis of allowance for the MAZSIHISZ in accordance with the regulations of Act XXXII/1991 on the Settlement of Ownership of Former Real Properties of the Churches (hereinafter Etv.), between 1999 and 2011, according to an annual even and value proportionate time schedule. The use of the properties shall be organized in accordance with Act IV/1990 on the Freedom of Conscience and Religion and the Churches.
In accordance with section 3 of Act CXXIV/1997 on the Financial Conditions of the Religious and Public Purpose Activity of Churches and by a common consent, the Government and the MAZSIHISZ have already regulated in a separate agreement the monetary claim specified under the scope of Etv., reclaimed by the MAZSIHISZ not in kind and not delivered to the MAZSIHISZ or not settled according to section 2 subsection (4) of Etv.
The Parties hereby declare that they posses proper authorization to sign the present Agreement.
Without a preliminary harmonizing process with the MAZSIHISZ, the Government shall not initiate or support the legislation of new acts or amendment of such an effective act that shall concern the MAZSIHISZ or the present Agreement or shall narrow the scope of benefits included in the currently effective legislation and due to the MAZSIHISZ, church personalities or church activities.
The MAZSIHISZ shall neither initiate nor support any legislation contradictory with those included in the present Agreement.
The Parties hereby state that the amendment or repeal of the Agreement shall only be possible by a written common agreement of the Parties.