WRITTEN QUESTION E-2570/03 by Maurizio Turco (NI) to the Commission. Church tax compulsorily levied by the Federal Republic of Germany on unemployment benefit paid to unemployed people who do not belong to the Church.
Date: 2003-08-06
Institutions: European Parliament, Provisional data
Subjects: Germany, church-State relations, competence of the Member States, freedom of opinion, freedom of religious beliefs, unemployed person, unemployment insurance

C 33 E/272

Official Journal of the European Union

EN

6.2.2004

The Commission is therefore continuing to devote attention to this subject and is planning a preparatory
study to evaluate the feasibility of a Community instrument for promoting typical products (cid:1) other than
agricultural products (cid:1) made by small European enterprises, including artistic craft products.

(1) 59, rue Cambronne, 75015 Paris: ch.beaux.arts@wanadoo.fr.

(2004/C 33 E/282)

WRITTEN QUESTION E-2570/03

by Maurizio Turco (NI) to the Commission

(6 August 2003)

Subject: Church tax compulsorily levied by the Federal Republic of Germany on unemployment benefit

paid to unemployed people who do not belong to the Church

Knowing that:

(cid:1) in Germany, significant sums are deducted in the form of church tax from unemployed people
without any religious affiliation, who are thus obliged to provide financial support for an organisation
to which they do not belong;

(cid:1) this situation appears all the more incredible given that the German Constitution explicitly prohibits
anyone being prejudiced or placed at a disadvantage because they do not belong to a religious
community;

(cid:1) the compulsory levying of church tax among unemployed people without any religious affiliation

violates the following provisions of the German Constitution:

(a) Article 3(1) and (3) of the Basic Law, which stipulate that no one may be ‘favoured or disfavoured’

because of his or her philosophical or religious opinions;

(b) Article 4(1), which provides that ‘freedom of faith and of conscience, and freedom to profess a

religious or philosophical creed, shall be inviolable’;

(c) Article 33, which enshrines the fundamental obligation of State neutrality.

(cid:1) the Federal Constitutional Court has ruled that unemployed people without any religious affiliation
may indeed be required to pay this tax as long as a clear majority of employed people belong to the
Church. However, it might be pointed out that, according to the judgment of the Bundessozialgericht
(Federal Social Court) of 8 November 2001, 49 % of Germany’s active population did not pay church
tax in 1999.

Given that this arrangement runs counter:

(cid:1) to the freedom of religion guaranteed by the Constitution,

(cid:1) to the principle of equal treatment and the obligation of State neutrality and

the principle of the separation of Church and State,

can the Commission say whether it is aware of the above facts, whether it has taken any initiatives and, if
so, what initiatives it has taken?

Does the Commission not take the view that the situation described contravenes the acquis communaut-
aire?

What formal initiatives might the EU take vis-à-vis Germany if this situation cannot be resolved, in order
to ensure that the principle of religious freedom is respected?

Answer given by Mr Bolkestein on behalf of the Commission

(15 September 2003)

The matter to which reference is made does not fall within the jurisdiction of the Community.