The Hungarian constitution making process grounding and improving the change in the political system has been aided since the 1980s by several studies containing modern legal principles and human and fundamental rights, as well as presenting the constitutional institutions of developed civil countries. The preamble of the modified constitution made during the national round table discussions preparing the change in the political system in 1989 declared that the Parliament established the text of the Hungarian constitution in order to facilitate peaceful political transmission into a state based on the rule of law realising pluralism, parliamentary democracy and social market economy – till the enactment of the new constitution. Even though intensive political and professional negotiations were conducted between 1994 and 1998 for the preparations of a modern rule of law constitution, these remained unsuccessful. At the same time, however, significant changes happened in our globalised and multicultural world1, which made the adjustment of national constitution to international standards timely.
Table of Contents
1. Introduction
2. Freedom of thought, conscience and religion
3. The new act on churches
4. International overview
5. Features of the definition of church from the aspect of the state and of the religion
Research Objective and Scope
This paper examines the transformation of the legal regulation regarding religious freedom and the institutional status of churches in Hungary following the adoption of the 2011 Fundamental Law and the subsequent Act C of 2011. It explores the constitutional tension between the state's ideological neutrality and the new legislative framework for church recognition, while also analyzing the shift from formal registration to a more discretionary, parliamentary-led recognition process.
- The constitutional status of religious freedom and the role of the Fundamental Law.
- The legislative transition from Act IV of 1990 to the new Act C of 2011 on churches.
- Critical analysis of the parliamentary procedure for granting church status.
- International comparative perspectives on church-state legal frameworks.
- The functional definition of religious activities versus internal theological identity.
Excerpt from the Book
3. The new act on churches
Among the first ones of the acts aiming at the execution of the Fundamental Law the Parliament enacted act C of 2011 on the right to the freedom of conscience and religion, and the status of churches, religions and religious communities, which was soon modified with act CCVI of 2011. The new act(s) was/were to replace act IV of 1990 on the freedom of conscience and religion and churches.
It is undoubted that act C of 2011 opened a completely new chapter regarding the freedom of conscience and religion, and especially regarding the establishment of churches. According to the general reasoning the radical changes may be reasoned in a way that “act IV of 1990 widely provided for the freedom of conscience and religion, and the establishment of churches, but later it became obvious that the generous conditions of the establishment of churches give space also the fundamental rights abuses, such as unlawful resort to state funds for churches, as well as the registration of organisations not performing religious activities as churches”.
Summary of Chapters
1. Introduction: Outlines the historical context of the Hungarian constitutional process since the 1980s and the shift towards the 2011 Fundamental Law.
2. Freedom of thought, conscience and religion: Discusses the constitutional declaration of these fundamental rights and the inherent contradictions between historical religious traditions and state neutrality.
3. The new act on churches: Details the legislative shift introduced by Act C of 2011, focusing on the new criteria for church recognition and the move away from the previous 1990 framework.
4. International overview: Provides a comparative look at how different European countries (Austria, Italy, France, etc.) manage the legal status of churches and religious communities.
5. Features of the definition of church from the aspect of the state and of the religion: Examines the gap between state-created legal definitions of churches and the internal, theological self-definitions of religious organizations.
Keywords
Hungary, Fundamental Law, Religious Freedom, Act C of 2011, Church Status, Constitutional Law, State Neutrality, Church-State Relations, Religious Communities, Parliamentary Recognition, Human Rights, Legal Regulation, Freedom of Conscience, Church Autonomy, Legislative Reform
Frequently Asked Questions
What is the primary focus of this academic paper?
The paper focuses on the legal transformation of church recognition and religious freedom in Hungary, particularly the impact of the 2011 Fundamental Law and the subsequent Act C of 2011.
What are the central themes discussed in the work?
The core themes include state ideological neutrality, the criteria for establishing church status, the parliamentary role in recognition, and the comparison of these legal norms with international standards.
What is the main research question or objective?
The objective is to analyze whether the new legal regulation adequately protects the freedom of religion while simultaneously addressing historical abuses of church status for financial or non-religious purposes.
Which scientific methodology is applied?
The paper utilizes a legal and comparative analysis method, examining national legislation in the context of constitutional provisions, historical legal traditions, and comparative models from other European states.
What is covered in the main body of the work?
The body covers the shift from a liberal registration system to a state-controlled, multi-level system, the specific legislative changes in 2011, and the tension between state-defined legal forms and religious self-interpretation.
Which keywords characterize the work?
Key terms include Hungary, Fundamental Law, Religious Freedom, Act C of 2011, Church-State relations, and Church Autonomy.
How does the author view the parliamentary recognition of churches?
The author highlights this as a problematic and potentially subjective process, noting the lack of clear criteria and the risk of political influence in the recognition procedure.
How is the relationship between the state and the church defined in the new act?
The new act emphasizes "separation" over the previous "division," strengthening church autonomy while maintaining a cooperative framework for public goals.
- Arbeit zitieren
- Péter Antalóczy Antaloczy (Autor:in), 2013, The latest regulation of religious freedom and the establishment of churches in Hungary, München, GRIN Verlag, https://www.grin.com/document/208213
