EN Official Journal of the European Union CE 65/9

(2004/C 65 E/009)

WRITTEN QUESTION E-3459/02

by Christopher Heaton-Harris (PPE-DE) to the Commission

(6 December 2002)

Subject: Religious freedom in Hungary

Hungary, on the threshold of admission into the EU, still maintains a 15-year old tradition of religious apartheid and violation of human rights.

The previous Hungarian Government introduced law LXXIV, 2001 (PA 153). This law radically alters how taxpayers' support for religious institutions is determined. It replaces the explicit annual declaration of taxpayers by ambiguous statistics derived from a recent census relating to citizens' natal faith.

This law is inequitable and unconstitutional, designed to favour a few well-established religions at the expense of other faiths.

In view of the European Union's principles of respect and tolerance, will the Commission urge the Hungarian Government to repeal this law as a condition of accession?

Joint answer

to Written Questions E-3416/02 and E-3459/02

given by Mr Verheugen on behalf of the Commission

(21 January 2003)

The freedom of religion and the separation of State and church are guaranteed in the Hungarian Constitution (1). Today, there are altogether 104 officially recognised religions in Hungary.

The 1997 Law on the financial conditions of the religious and public activities of the churches regulates the State financial support to churches. Under this law, the Hungarian State allocates at least 0,8 % of the income tax revenues to churches. Taxpayers may indicate in their income declaration the church of their choice as a recipient of 1 % of their income tax. If necessary, the State makes available supplementary resources to reach the target of at least 0,8 % of the income tax revenues, using as key of repartition between the beneficiary churches, the relative percentages arising from the taxpayers declarations.

In addition to State subsidies, churches may, from 1 January 2001, benefit from tax deductible gifts from natural and legal persons under strict conditions set out in a law passed in 2000 (2). The list of the churches meeting these conditions is published every year in the Hungarian Official Journal.

In November 2001, the previous Government had decided to change the arrangements of support for churches. It had therefore proposed for adoption by Parliament Article 153 of a general law on finances modifying as of January 2003 the system of repartition between churches. The new financing arrangements were based on the results of the 2001 census, which for the first time included a non mandatory question on church affiliation following a joint recommendation by the United Nations Economic and Social Committee and Eurostat in the context of the forthcoming census world campaign.

The question on religion included in the 2001 census appears to have been an open one, i.e. it did not contain any list of churches from which to choose from and it was up to the respondent to name the religion, but a response was not compulsory.

Nevertheless some 9 million persons responded to the question on religion, out of which 7,6 million claimed to belong to some 260 various churches/religions. These figures basically confirmed the previously estimated numbers.

To avoid any possible ambiguity, the Government has decided to maintain the church financing regime of 1997, through an amendment annulling Article 153 adopted in 2001. The Commission welcomes this modification that will enter into force in January 2003, following the Hungarian Parliament's vote in December 2002.

(1) See Article 60 of the constitution:

1. In the Republic of Hungary everyone has the right to freedom of thought, freedom of conscience and freedom of religion;

2. This right shall include the free choice or acceptance of a religion or belief, and the freedom to publicly or privately express or decline to express, exercise and teach such religion and beliefs by way of religious actions, rites or in any other way, either individually or in a group;

3. The church and the state shall operate in separation in the Republic of Hungary;

4. A majority of two-thirds of the votes of the Members of Parliament present required to pass the law on the freedom of belief and religion.

(2) Act CXXXIII of 2000. There are three alternative conditions: the Church must either:

(i) have benefited in the 2 last years of at least 1 % of the revenues of the taxpayers 1 % support scheme, or

(ii) have been present in Hungary for at least 100 years, or