Legal framework

Constitutional provisions

The Constitution of Romania of 1991, with amendments from 2003, prescribes and guarantees the freedom of religion. Individuals cannot be restricted in their freedom of [thought, opinion and] religion, nor be compelled to embrace a specific religion. Religious denominations have the right to organize themselves freely and enjoy state support as prescribed by law, and any forms, means, acts or actions of religious enmity among religious denominations are prohibited. 

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Legal framework

Constitutional provisions

The Constitution of Romania of 1991, with amendments from 2003, prescribes and guarantees the freedom of religion. Individuals cannot be restricted in their freedom of [thought, opinion and] religion, nor be compelled to embrace a specific religion. Religious denominations have the right to organize themselves freely and enjoy state support as prescribed by law, and any forms, means, acts or actions of religious enmity among religious denominations are prohibited.  

Primary legislation

The Law on Freedom of Religion and the General Status of Denomination, of 2006, expressly provides that the “freedom of religion includes the right of every individual to have or embrace a religion, to manifest religion individually or collectively, in public or in private, through practices and rituals specific to that denomination, including through religious education, as well as the freedom to preserve or change one’s religion”. Moreover, individuals may set up religious organizations so as to manifest beliefs collectively. After the submission of a corresponding request and a set of specific documents, the Ministry of Culture and Religious Denominations registers denominations, religious associations or religious groups. To date, there are 18 recognized denominations in Romania.

The Law on Education, of 24 July 1995, prescribes religion as a school subject, with optional attendance at religion classes. To opt out of religion classes, students must submit a request in writing. The 18 recognized denominations are entitled to hold religion classes in public schools, but only if their adherents constitute a certain proportion of the student population. The law allows for instruction according to the religious affiliation of students' parents.

Each citizen is free to refuse, for religious reasons, to perform military service, and can instead perform alternative utility service, according to the Law on Preparing the Population for Defense, of 5 June 1996.  Ordained personnel belonging to religious denominations recognized by law must not fulfill military service.

The Law on Establishing and Organizing Military Clergy, of December 2000, regulates the statute of military priests operating in the armed forces.  The military priest is the servant of a church or a denomination recognized by law as belonging to the armed forces, vested with the right to perform acts of worship and teach believers.  In all military units, it is prohibited to seek to convert soldiers to a specific denomination through abusive means, or against their free will.

The Romanian Tax Code, of 2003, provides that religious denominations are exempt from paying taxes on profits for the following types of revenues: income from production and recovery of necessary objects and products in the worship activity, income from rents and other income from economic activities, income from monetary compensation obtained as a result of the remedies provided by the Law on the reconstituting of property rights, from teaching, and from offering of social service in their own name and/or in partnership. 

The Romanian State is obliged to support the activity of denominations, according to the Law on Local Public Administration, of 23 April 2001. Both local counties and municipal councils must provide financial support for the operation of religious denominations. 

According to the Law on State Support for Clergy Salaries, of July 1999, the state must pay the clergy from the state budget. The body which approves the budget, determines the criteria, limits and conditions of clerical staff’s professional employment ranks, is the State Secretariat for Denominations. In 2008, this Law was amended and all the prerogatives of the State Secretariat for Denominations were transferred to the Ministry of Culture and Denominations. Annexes 1-3 of the said Law prescribe the monthly supplements to the salaries of religious denominations staff.

Religious denominations have the exclusive right to produce objects and vestments of religious worship and to print religious books, under the Law no. 103 from 22 September 1992 on Denominations’ Exclusive Right to Produce Objects of Religious Worship. The production or use of such goods by natural persons or legal entities other than denominations can be done with the preliminary authorization of the latter, and are exempt from taxes.

Registered denominations in Romania have the right to file court claims for establishing property rights over buildings and open land within the built-up area, and are exempt from paying court fees for such claims, as provided for in the Law on Establishing Measures Regarding Claims Made in Court by Denominations Registered in Romania, of 1996.
In 2005, the Government amended the legislation governing property restitution with the declared aim of expediting restitution, simplifying restitution procedures, and broadening the scope of restitution. The Law on Property and Justice Reform also covers the restitution by the Romanian state to, inter alia, religious communities, of farm and forest land and other real estate seized in the period of 6 March 1945 to 22 December 1989. The Law provides that “[r]eal estate shall be considered the existing buildings, together with the adjacent territory and lands situated within the built-up area, used for any type of activity at the time of abusive takeover and not restituted until the date of adoption of the present law”. Under this law, the Special Commission for Restitution created within the National Authority for Property Restitution examines the submitted documentation and takes a final decision on the restitution of property. The Special Commission for Restitution commenced its activity in 2003, and by the end of the reporting period had restituted to recognized religious groups 1,364 buildings, with the total number of applications reaching 14,716. Compensation was granted in another 343 cases, and 368 applications were rejected.
In 2007, the Law on Regulating the Legal Status of Properties used by Denominations was adopted, providing that buildings owned by the state or administrative-territorial units, which were attributed to denominations for free use after January 1, 1990, may be transferred for free into the ownership of the respective denominations.
Secondary legislation

The Emergency Ordinance of 12 December 2002 on the status of foreigners in Romania stipulates that long-term visas shall be granted for religious activities to foreigners who wish to enter the territory of Romania to perform activities related to recognized denominations.

The Order No. 2274 from 2007 on the procedure for granting approval by the Ministry of Culture and Denominations for creating religious associations, describes the steps to be undertaken by interested associations. The association should comprise at least 300 associate members in order to be registered as such.

Possible restrictions

The new Criminal Code of Romania, of June 2009, sanctions the deeds of: preventing and disturbing worship rituals practiced freely by a recognized denomination, forcing a person to attend religious services or to perform an act related to practicing religious worship. Desecration of places or objects of worship belonging to denominations that are organized and function according to the law, is also penalized.

Case law
In the case Sâmbata Bihor Greek Catholic Parish v. Romania (application no. 48107/99; Judgment of 12 January 2010) the European Court of Human Rights decided that although recent legislative changes – making it possible to bring an ordinary legal action in the competent domestic courts in relation to places of worship – were to be welcomed, the applicant parish had not benefited from them as they had been made at a later stage. It had therefore not enjoyed effective access to a court, in breach of Article 6 § 1. The difference in treatment affecting the applicant parish’s enjoyment of its right of access to court had been based on its adherence to the Greek Catholic Church. Accordingly, the applicant parish had been treated differently from other parishes involved in similar disputes, without any objective and reasonable justification. There had therefore been a violation of Article 14 in conjunction with Article 6 § 1.

 
Analysis provided by: Dumitrita Bologan, July 2010

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