The "Direct" Financing of Religious Minorities in Spain

I. INTRODUCTION In Spain, the launch of the Foundation for Pluralism and Coexistence ("the Foundation") entails an entirely new experience and utilizes a new instrumentality-that of a private religious foundation in the public sector-in an as yet untried venture not only in Spain's legal system, but also in similar systems around the world. Until now, in Spain and in neighboring countries, state budgets have supported non-profit religious groups' non -worship activities so long as those activities involved social welfare, charity work, and education. Religious groups have traditionally received these fiscal benefits as each nation individually deemed appropriate. Because it receives public funding, the Foundation represents an entirely new modus operandi in this field and consequently involves the incurrence of some uncertainties. Nevertheless, the Foundation's mission may prove to be of interest and may ultimately improve how Spain's constitutional system treats religion. The Foundation's objective is to "contribute to the implementation of programs and projects of a cultural, educational, and social -integrational nature."1 Specifically, the Foundation seeks to achieve equality by supporting measures designed to fully integrate religious minorities into Spanish society. This goal will be met as the Foundation's resources are used to help minority religions conduct social-welfare and charity programs, to provide education and diffusion of information about minority cultures, and to train and educate members of minority cultures. Because of the Foundation's unique nature, its establishment requires it to give (1) a clear explanation of its aims and societal objectives and (2) the legal framework under which its activities will take place. The objectives and aims of the Foundation appear in its governing bylaws and in two normative documents that served to establish them: the 2004 agreement of the Council of Ministers and the law regarding general budgets for 2005. Regarding the Foundation's legal framework, we should begin with two key legal elements: first, the agreement of the Council of Ministers,2 which established the Foundation; and second, Law 2/2004,3 a provision in the 2005 national budget designating three million euros to fund the Foundation's social projects. Along with these legal provisions, we should be equally aware of the Foundation's bylaws and enabling act, Law 50/2002,4 which concerns foundations, and Royal Decree 316/1996,5 which approved the Regulations for Foundations of State Competency. Despite these provisions, and remembering that Spain has decided to spend part of the national budget to fund projects that contribute to improving social and cultural integration of religious minorities in the country, an overview of Spain's constitutional framework regarding religion must first be presented. Part II will provide this overview and will seek to accomplish two tasks: (1) determine to what extent the principles informing religious policy provide a basis for integration projects; and (2) identify to what extent those same principles limit, or may limit, the Foundation's conduct, with special reference to the justifications for using public monies to subsidize the Foundation's activities, programs, and projects. Part III will address the legal framework under which the various foundations operate and, consequently, by which the Foundation will be bound. Finally, Part IV will outline the scope of the Foundation's activities and explore the type of groups that will be affected by the Foundation. In so doing, Part IV will keep in mind the Foundation's aims and social objectives and outline a series of key priorities that it needs to address immediately. Finally, Part V includes a brief conclusion, summarizing the peculiar form of the Foundation and its potential influence in Spain and the world. II. CONSTITUTIONAL FRAMEWORK REGARDING RELIGIOUS MATTERS A. …