Order on the Procedure for Granting Approval for Creating Religious Associations (2007)

Official Journal of Romania, Part I, no. 362/28.V.2007
 
MINISTRY OF CULTURE AND DENOMINATIONS
 

ORDER M.C.D. no. 2274 / 17.05.2007

on the procedure for granting approval by the Ministry of Culture and
Denominations for creating religious associations or, where appropriate,
for obtaining the statute of a religious association by the existing associations
 

In accordance with Art. 41 para. (2) d) and Art. 47 para. (1) of the Law no. 489/2006 on freedom of religion and the general status of denominations;
In accordance with art. 10 para. (4) of Government Decision no. 78/2005 on the organization and functioning of the Ministry of Culture and Denominations, republished,

The Minister of Culture and Denominations issues the following

ORDER
  
Article 1 - (1) To approve the procedure for granting approval by the Ministry
Culture and Denominations for the establishment of religious associations and their registration in the Register of religious associations or, if necessary, for acquiring the statute of religious association by associations created under the Government Decision no.26/2000 on associations and foundations, approved with amendments and completions by Law no. 246/2005, the main activity of which is the practice of religious beliefs.
(2) In order to obtain the approval, the interested association shall address a request to the Ministry of Culture and Denominations, together with the documents stipulated in art. 41 para. (2). a)-c) of Law no. 489/2006 on the freedom of religion and the general status of denominations.
(3) The associations formed under the Government Decision no.26/2000 on associations and foundations, approved with amendments and completions by the Law no. 246/2005, shall send a request to the Ministry of Culture and Denominations, together with the documents specified in par. (2), as well as the following ones:
a) copy of the statute of the association created under the Government Decision no.26/2000 approved with amendments and completions by the Law no. 246/2005 and the
documents by which all the subsequent amendments of the statute were approved;
b) copy of the proof of acquiring legal capacity.
(4) Regarding the associations stipulated in par. (3), the decision of amending the statute and transforming the association into a religious one shall be communicated in authentic form and comprise at least the following elements:
a) the signatures and identification elements of at least 300 associate members, Romanian citizens or residents who are not members of any other religious associations or recognized denominations;
b) a clearly stated decision of the members indicated at letter a) to transform the association into a religious one for the express purpose of practicing a specific religious belief;
c) the name of the association, which may not be identical or similar to that of a denomination or to other recognized religious association;
d) the premises, assets, the first management bodies of the religious association;
e) a person empowered to act in order to transform the association.
(5) The associated members under par. (4) shall appropriate both the faith testimony and the statute of the religious association, which must include: it’s central and local organization structure, the type of management and control, the set up and dissolution of local units, it’s members’ rights and obligations, the main religious activities to be carried out by the association, other provisions specific to the respective religious association.
(6) Associations under par. (3) can prove that had as main activity
exercise of religious beliefs upon the entry into force of Law no. 489/2006 of the content
status through the annual activity report submitted to the Ministry of Culture or other
means test.
Article 2 (1) The applications and documentation shall be submitted to the Department of assistance and education, which shall check out the content and require, if necessary, to be supplemented. The supplementation is required in less than 10 days from the submission and extended accordingly.
(2) Within 10 days after submission, the Department of assistance and education must prepare opportunity reports of issuing, where appropriate, or not the approval.
(3) The opportunity reports and documentation shall be presented subsequently to the Legal department for the approval of legality that shall be issued, or not within 10 days.
Article 3 (1) To approve the types of the approval for religious associations issued by the Ministry of Culture and Denominations according to art. 1 provided in the Appendix 1 and 2 as part of this Order.
(2) If the request is rejected, the response shall contain the detailed reasons
that led to that decision.
Article 4 - (1) To approve the creation of a register of religious associations which have received the approval of the Ministry of Culture and Denominations, managed by the Department of assistance and education.
(2) The register of religious associations has the following content:

The registration no. of the request The name of the religious association The president’s name and surname The religious association’s headquarters No. of the approval/date of issue Comments
0 1 2 3 4 5

Article 5 – The Department of assistance and education and the Legal department shall fulfill the provisions of this order.
Article 6 – On the date this order is enacted, any other contrary provision shall have been repealed.
Article 7 - This order shall be published in the Official Journal of Romania, Part I.

Minister of Culture and Denominations
 
Adrian Iorgulescu

 

Bucharest, May 17, 2007.
No. 2274

 

 


APPENDIX 1

ROMANIA
MINISTRY OF CULTURE AND DENOMINATIONS
 
 
 
OPINION
No. ...................../...........................


  In accordance with Art. 41 para. (2). d) of the Law no. 489/2006 on the freedom of religion and the general status of denominations;
analyzing the application registered under no. ........................., formulated by
.................................................. ......, requesting the Ministry of Culture and Denomination’s approval to obtain legal personality and register the religious association;
given the opportunity report and approval of legality;
taking into account that the provisions of its statute and constitutive act determine the need of practicing religious beliefs,
the Ministry of Culture and Denominations
approves the establishment of the religious association .............................................. ....................., based in............................., street......................, no……, county/sector……………., according to the constitutive act no. .................., and the association’s  status no.............../.............. by ................................................
Any change to the constitutive act or status of the association will have to be declared.
 
 
 
Secretary of State for Denominations,
 
 
 
Legal department

 

 

 

 

 

 

 

 

 

APPENDIX 2

ROMANIA
MINISTRY OF CULTURE AND DENOMINATIONS
 
 
 
OPINION
No. ...................../...........................


  In accordance with Art. 41 para. (2). d) and Art. 47 para. (1) of the Law no. 489/2006 on the freedom of religion and the general status of denominations;
analyzing the application registered under no. ........................., formulated by
.................................................. ......, requesting the Ministry of Culture and Denomination’s approval to obtain legal personality and register the religious association;
given the opportunity report and approval of legality;
taking into account that the provisions of its statute and constitutive act determine the need of practicing religious beliefs,
the Ministry of Culture and Denominations
approves the acquiring of the status of religious association by .............................................., based in............................., street......................, no……, county/sector……………., according to the general assembly’s decision no. ................../.............. by ................................................
Any change to the constitutive act or status of the association will have to be declared.
 
 
 
Secretary of State for Denominations,
 
 
 
Legal department