Religious Entities and Agreements in Spain: A Comprehensive Guide

Posted on May 4, 2024 in Law & Jurisprudence

Agreements with Religious Entities (LOLR)

The legal basis for agreements with religious entities in Spain is found in Article 16.3 and Articles 7 of the Organic Law of Religious Freedom (LOLR). These agreements are established between the Spanish government, through the Advisory Commission on Religious Freedom (CALR), and religious groups such as churches, religious communities, and their federations.

Requirements for Signing Agreements

To sign agreements, religious entities must meet two requirements:

  1. Possess legal status through registration in the Civil Registry of Religious Entities.
  2. Demonstrate roots in Spain, determined by factors such as a significant number of believers, a historical presence, and social integration.

Currently, the following entities have agreements with the Spanish government: FEREDE, FCIE, CIE, and IJSUD.

Stages in the Agreement Process

The process of forming agreements involves two stages:

1. Administrative Stage

  1. Initiation of proceedings by the religious entity.
  2. Submission of the proposal to the Minister of Justice.
  3. Study and negotiation of the proposal by the CALR.
  4. Transfer of the proposal to the Ministry of Justice and the Council of Ministers.
  5. Signing of the agreement by the President of the Government and the representative of the religious entity.

2. Legislative Stage

According to Article 7.1 of the LOLR, the agreement must be approved by a law voted by Parliament. This follows the same procedure as other laws, with the Courts having the power to approve or reject the entire agreement.

Agreements in Force

The agreements signed on November 10, 1992, with FEREDE, CCI, and ICD are currently in force and are largely identical in content.

Effectiveness and Application

Agreements come into force the day after their publication in the Official Gazette. However, their application may require further negotiation and development between the religious entities and the government.

Agreements with Autonomous Communities

Autonomous Communities in Spain can also sign agreements with religious entities under Article 16 of the Spanish Constitution and Article 7 of the LOLR. These agreements can be either legislative, requiring approval by the regional parliaments, or administrative, not requiring such endorsement.

The subjects covered by these agreements must fall within the competence of the Autonomous Communities or be transferable matters. For example, the Valencian Community has signed an agreement on religious assistance in public hospitals.

Conscientious Objection

Conscientious objection is characterized by the refusal to comply with a legal duty due to reasons of conscience. Requirements for conscientious objection include:

  • Individual and private conduct.
  • Safeguarding the needs of one’s own conscience.
  • Direct violation of a rule contrary to the obligation assumed.
  • Violation of non-personal obligations.
  • Commitment to legality.

Civil Legal Acquisition

The acquisition of legal personality by religious entities is regulated in Article 5 of the LOLR and the Royal Decree of January 9, 1981. Churches, denominations, religious communities, and their federations, as well as orders, congregations, religious institutions, and religious associations, can be registered.

Requirements for Registration

  1. Name of the entity.
  2. Identification data.
  3. Religious purposes.
  4. Operating system and representative bodies.
  5. Relationship of the person representing the entity.

Transfer of Ecclesiastical Goods

According to canon law, certain ecclesiastical goods cannot be transferred without control, such as stable heritage, precious relics, venerated images, and donated goods. The effectiveness of canonical control is established in the 1979 Legal Agreement.

Methods of Sect Recruitment

Sects often employ coercive persuasion, isolation, and emotional manipulation to recruit and control members. They may exploit vulnerabilities and use deceptive tactics to achieve their objectives.

Religious Assistance in Hospitals

The Legal Agreement between the Spanish State and the Holy See, along with other agreements, provides a framework for religious assistance in hospitals. This includes the provision of space for religious services and the right of patients and employees to receive spiritual care.