WRITTEN QUESTION E-3459/02 by Christopher Heaton-Harris (PPE-DE) to the Commission. Religious freedom in Hungary.
Date: 2002-12-06
Institutions: European Parliament, Provisional data
Subjects: Hungary, State aid, equal treatment, financial aid, freedom of religious beliefs, religious institution, statistical method, tax on income

13.3.2004

EN

Official Journal of the European Union

C 65 E/9

Last year, the previous Hungarian Government introduced law 2001/LXXIV (PA 153). The law proposed a
new way to disburse funds to religious organisations (cid:1) one that replaced the annual voluntary declaration
by taxpayers, with ambiguous statistics derived from a recent and controversial census.

This law is allegedly unconstitutional,
contravenes the spirit of Act 1990/IV.

it discriminates against 98 % of religious organisations and it

Does the Commission believe Act 1990/IV reflects the EU’s concern for human rights and religious

1.
freedom?

Does the Commission consider law 2001/LXXIV (PA 153) to be in conformity with the EU’s concern

2.
for human rights and religious freedom?

3. Would the Commission urge the Hungarian Government to repeal law 2001/LXXIV (PA 153) before
it takes effect on 1 January 2003? Would the Commission encourage the Hungarian Government to
remain faithful to the ideals of Act 1990/IV, which could serve as model legislation for other Member
States?

(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.

C 65 E/10

Official Journal of the European Union

EN

13.3.2004

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
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.

January 2003 the system of

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
(iii) have been officially registered in Hungary for 30 years.

(2004/C 65 E/010)

WRITTEN QUESTION E-3443/02

by Roger Helmer (PPE-DE) to the Commission

(3 December 2002)

Subject: Persecution of Falun Gong practitioners

Would the Commission confirm that it is aware of the human rights abuses of peaceful Falun Gong
practitioners in China where this peaceful
lifestyle choice has been denounced as a dangerous and
subversive cult?

Can the Commission confirm it is aware of the controversial ‘Article 23’ legislation soon to be introduced
in Hong Kong? The Commission may be aware that the ‘anti-subversion’ legislation would force Hong
Kong to ban any organisation determined by China as a national security risk and would affect all dissident
groups including Catholics and democracy activists. Would the Commission agree that this would be a
huge violation of Hong Kong’s autonomy and widen the field of persecution to yet more innocent Falun
Gong practitioners?

How will the Commission oppose China’s introduction of Article 23 which will tend to limit the right to
free speech and freedom of the press in Hong Kong?