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Status Of Jehovahs Witnesses In France

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The Jehovah's Witnesses generally use the legal instruments available to religious associations to organize their religious activities. In France , the law of 9 December 1905 on the separation of Church and State provides that the cult was organized by the legal regime of religious associations. Jehovah's Witnesses have decided to declare their major associations in accordance with the Act of 1905 (see their legal structure in France ).

Section 2 of the Act makes clear: "The Republic does not recognize, pay or subsidize any religion". There is no distinction between recognized and unrecognized religions. Likewise, lack of legal definition, the concept of cult imposes no legal value .

Summary

/ / Classification as a cult

Parliamentary Report on Cults, 1995

Jehovah's Witnesses have been mentioned in France among the sects by the parliamentary inquiry commission on sects in 1995. The report ranks among the Jehovah's Witnesses' apocalyptic movements that predict the end of the world regularly. He mentions a court case in connection with "violations of certain family obligations, and ranks among the 57 movements where the Commission found" a breakdown of the follower with the original environment. " In addition, he mentions about "the militarization of children in a more or less insidious" and ranks among the 26 movements that would cause "disturbing public order", without specifying its content .

Legal Consequences

The French government has reiterated several times that the parliamentary reports on cults were not law and could not justify discriminatory measures against the groups listed therein. The Department of Employment and Solidarity, for example, has established that the 1995 report "has no legal value" . As for the interior minister, he clearly explained to the prefects , "These parliamentary reports are only one element of information and proposals, they do not claim to be prescriptive and should not rely nor distinctions between associations qualified of "sectarian" and those who are not in the light of these reports nor any sanctions. "

The administrative courts have confirmed the presence in the parliamentary report on cults can justify interference with the practice of religion. Thus, the Administrative Tribunal of Rennes annulled the mayor's refusal to put Lorient at the disposal of a local association of Jehovah's Witnesses a municipal hall. Under the interim parole, the presiding judge ruled that "the refusal currently opposed to the request of this association is based exclusively on the assessment made by the Mayor on its activities, described by him of sectarian; a Such a decision, refuses on principle to any access to an association municipal halls usually available to them, severely undermines the freedoms of association and assembly; . Similarly, the Administrative Tribunal of Poitiers has canceled another communal refusal because it "appears from the evidence that, in rejecting the request of the applicant association, the city of La Rochelle was founded not on a ground of public order, but on the character attributed to the sect of Jehovah's Witnesses in the investigation report of the National Assembly of 22 December 1995 that this report, devoid of legal value, could serve as a legal basis for the decision contested .

Questioning the use of lists of sects

In a circular dated May 27, 2005, the Prime Minister requested that the use of lists of sects is avoided in favor of using beams of criteria . As chairman of MIVILUDES , Jean-Michel Roulet estimated in 2005 that the parliamentary list of sects of 1995 is "completely obsolete," but acknowledged that it "has identified the phenomenon even if it was so sometimes incomplete and partially incorrect. " For their part, members spokesman of the parliamentary groups of the National Assembly stated that the question asked by the Prime Minister was the aging of information collected in 1995 and 1999 and the creation of a new commission of inquiry on sects in the area of health and protection of minors would allow a "hire a new inventory of the sectarian movement" .

The interior minister recalled in his circular of 25 February 2008 on the fight against sectarian it is not in government intervention to stigmatize currents of thought, but address "hard facts and criminally reprehensible," "constitute a breach of public order, property or persons." It rejects any idea of establishing a new list of sects: "The Prime Minister's circular dated 27 May 2005 on the fight against sectarian clearly indicated the need to abandon the search for any reference to sectarian lists, and chose instead a logic of facts has the advantage of broadening the scope of the investigation without limiting them to previously identified groups. "

Access to documents provided by General Information

Having been denied access to documents prepared by General Information referred to in the report of the Parliamentary Commission of Inquiry Gest-Guyard 1995, Jehovah's Witnesses have lodged an administrative court. The case was brought before it, the Administrative Court of Appeal of Paris held that these documents were indeed in the nature of administrative documents within the meaning of Article 1 of the Act of July 17, 1978, that the authorities are required communicate in response to any request. In its ruling of June 16, 2005 , the Court has requested the production of these documents to examine the merits of the refusal of the Minister, who cited the risk to public safety. Finally, following this review, the trial judge decided that the disputed documents should be sent to the applicant, giving his assessment of those in Case 1 December 2005 :

"Whereas it appears from the examination of disputed documents, which were produced by the Minister of the Interior pursuant to the interlocutory decision of the aforementioned right-June 16, 2005, that the information they contain, consist address of the association and its subsidiaries, qualitative assessments very laconic about the effects of the activity of the association on individuals and society and the number of its branches by department, can be viewed, given their brevity and harmless, as having elements whose disclosure would harm the state security or public safety within the meaning of Article 6 of the Act of July 17, 1978, and that, consequently, the Minister's decision refusing to disclose these documents for the reason given disregarded the provisions of the Act of July 17, 1978 above and liable for cancellation; "

The State Council has rejected July 3, 2006 the use of interior minister, who is now obliged to inform the Association of Jehovah's Witnesses and documents held by the General information concern and have provided the basis for the work of the parliamentary inquiry commission on sects.

Similarly, the State Council confirmed the same day a ruling in June 2005 by the Administrative Court of Appeal of Paris which set aside the decision of the Minister of Interior refused to connect to the Federation Christian Jehovah's Witnesses in France documents concerning applications and investigations conducted with the Jehovah's Witnesses in France by the central management information under the general request for assistance from the fact-finding mission on sects and money constituted 15 December 1998. The court asked the minister to reconsider the request for disclosure of administrative documents made by the Christian Federation of Jehovah's Witnesses in France.

On December 18, 2006, during a press conference in Paris, Jehovah's Witnesses have released a dossier prepared by General Information about them to the royal commission on sects in 1995 . According to Le Monde "This" white notes ", which was communicated to them after eight years of litigation, includes only a form of presentation and list their places of worship."

Asked by a reporter about the fact that Jehovah's Witnesses have been placed in 1995 on the list of sects on the basis of a note of General Intelligence empty at the press conference of the Commission of Inquiry Parliamentary 19/12/2006, the member Alain Gest replied :

"I do not know this note. What I can tell you is that when in 1995 we chose to publish the list of 173, at the time, sectarian movements, which were added a number of subsidiaries movements, bringing to roughly the number of organizations around 1000, we have done on the basis of information that were given by the intelligence services of the National Police. And so we thought long before we know whether we choose to publish this list. We have assumed. "
"Journalist - Excuse me, I can insist, but you say you based on this paper to classify the list.

-Alain Gest - No! Not on this note. On the list that was provided. I did not based on a note, but on a list.

Journalist - Yes of course. But how is it that you can rely on information that is empty?

-Alain Gest - Listen! I'll tell you very bluntly. I am a Republican and I have as much confidence in the police in my country that movements that deny a number of realities that we have yet seen. "

Parliamentary Report on Cults and minors (2006)

The parliamentary report issued December 19, 2006 discusses the Jehovah's Witnesses regarding the packaging and the criminalization of children (pages 24 and 36), the busy schedule of child witnesses (page 25), evangelism indirect school (pages 26 and 27), psychological disorders that would result "separation from the world" (pages 29 and 30), the failure of autonomy development (page 32), the risks of not -reporting of sexual abuse of minors (pages 39 and 40), the psychological difficulties of the output of the movement (page 51), the problem of blood transfusion (pages 65 to 68 and 129 and 130) in this regard he proposed an amendment law to require transfusion even if parents do not agree (page 184), on the conditions of approval for families wanting to be Jehovah's Witnesses "foster family" (pages 135 to 137) and proposes integrate the issue of recognition of religious associations of a clause in the best interests of children (pages 143 to 152) .

In response to a questionnaire sent by the parliamentary inquiry, Jehovah's Witnesses have felt in their letter of 18 October 2006 they are not affected by the investigations of the commission. They claim that "Jehovah's Witness parents entrust their children to schools and make every effort to ensure their development and their social and professional." In a letter from the National Consistory of Jehovah's Witnesses, he cited a study combining a psychological and legal concluded about the Jehovah's Witnesses: "not only attachment to parents in childhood is not insecure, but it tends to be more secure that the standards ";" the level of well-being is comparable to the standards and there is even optimism about the future " .

Status of religious association

Legal basis

Any association may be declared prefecture as an association of worship in accordance with the law of December 9, 1905. Nevertheless, the term cult does not imply any legal only when the government granted him the benefit of tax advantages, as an association of worship under the 1905 Act.

Administrative case law has established three requirements for an association can be considered worship under the law of December 9, 1905:

  • It must be devoted to "the exercise of religion."
  • Its purpose must be "exclusively cultic."
  • Its statutory purpose as its actual activity must not "breach public order".

If the acceptance of gifts and bequests is no longer subject to prior approval by prefectural administrative authority, retains the power to opposition afterwards. Furthermore, Article 910 of the Civil Code explicitly excludes from coverage "associations and foundations whose activities or those of their leaders are referred to in Article 1 of the Act of June 12, 2001 to strengthen the prevention and anti-sect infringing human rights and fundamental freedoms. "

Cases

Council of State, February 1, 1985

The prefect of Hauts-de-Seine, he refused a bequest (law of 25 December 1942 amending the Act of December 9, 1905) in 1982, the Christian Association of Jehovah's Witnesses in France brought the case before the administrative judge to establish its quality worship according to the 1905 Act. The State Council issued on 1 February 1985 arrest, considered questionable by some jurists , which dismissed the appeal by the National Association of Jehovah's Witnesses

"It appears from the evidence that the activities of the Christian Association of Jehovah's Witnesses in France on the basis of the provisions of its statutes in effect at the date of the order under appeal does not confer together, to association, because of the subject or the nature of some of them, the character of a religious association under the law of December 9, 1905, that the applicant association is therefore not justified in claiming that the refusal by the decree under appeal, to allow him to receive a bequest, the government took a decision containing an excess of power; "

It is particularly criticized for this decision of not having explained the activities that would constitute a disturbance to public order. It is generally considered that they are refusing to perform military service and opposition to blood transfusions (objections raised in the submissions of the government, which has finally accepted that the refusal of blood transfusions for children) that would have been taken into account by the judges of the Palais Royal. But others believe that it is the publishing activities that could be affected.

According to the parliamentary report on sects in 1999 , two esteemed acts detrimental to public order, namely the incentive not to perform military service and armed hostility in principle to any blood transfusion, have been considered as part of the worship of Jehovah's Witnesses, and to justify the decision of the State Council. Moreover, according to the same report, to qualify for the leg, the Christian Association of Jehovah's Witnesses in France had extracted any provision of its statutes outside the exercise of a particular religion, and all provisions relating to printing, to ensure compliance with case law dating from 1983, but the State Council but felt that "compliance does not change the reality of the activities of Jehovah's Witnesses." In fact, the administrative judge relied on "Regulations in force on the date of the decree," that is to say in 1982.

Anyway, this case brought a new condition to the award of the religious character of an association: non annoyance to the public.

Council of State, January 13, 1993
Meeting Hall of Jehovah's Witnesses

In early 1990, the administration faced a new question for Jehovah's Witnesses their places of worship can they be exempt from tax. The Council of State ruled in two cases of 13 January 1993 that "the premises used exclusively for the public exercise of religion" can be considered "occupied for residential purposes" and therefore are not subject to tax. The landfill tax has been imposed for two local Jehovah's Witnesses and the application of the budget minister dismissed following the following arguments:

"Considering, first, that contrary to what the Minister of Budget, the Administrative Court of Appeal of Nantes did not rule in the contested decision, the characterization of religious association within the meaning of provisions of Title IV of the Act of 9 December 1905 Agape Association, which reports to the National Christian Association of Jehovah's Witnesses, and that, secondly, in believing that "the lessons and discussions on biblical themes and ceremonies that are religious in nature "are held in the premises for which the association has in Laval (Mayenne) and that access to these premises is not restricted to members of the association, the Administrative Court of Appeal carried out an assessment of the facts which, if it is not tainted by distorted the evidence submitted to it, can not be discussed before the court of cassation that deducting findings of fact made by it that the activities described above were constitutive of the public exercise of religion and because the premises were used exclusively for this exercise could be regarded as occupied for residential purposes within the meaning of 2 1 of article 1407 of the General Tax Code, supra, the Administrative Court of Appeal did not err in law; "
Council of State, October 24, 1997

To continue this trend of Jurisprudence, local associations for the worship of Jehovah's Witnesses have requested property tax relief on their premises as associations of worship, under section 1382 of the Tax Code. The tax administration systematically denying the exemption, the associations have filed an appeal before the administrative courts to recognize the quality of worship.

One court seized in these cases has decided to ask the Council of State before making his decision. Under the provisions of Article 12 of the Act of December 31, 1987, the State Council shall formulate an opinion on a new point of law, but he can not decide the case in the background. If he did not comment therefore on the religious character of the local Association for the worship of Jehovah's Witnesses in Riom, his opinion of Assembly has made some useful points of law.

He first stated that these provisions are reserved for religious associations under the law of December 9, 1905, without being subject to prior authorization to receive gifts and bequests:

"Only the public authorities and religious associations under the law of December 9, 1905 or their unions can claim, for buildings that have been allocated or have acquired or built for the benefit of this exemption without that This is subject to prior recognition under the provisions concerning the control of donations and bequests. "

He therefore reminded on this occasion the three conditions to be fulfilled by associations claiming the status of religious association to qualify for this tax benefit:

  • Finding of a cult: "associations claiming the status of religious association shall be exclusively subject to the exercise of worship, that is to say, within the meaning of these provisions, the celebration of ceremonies for the completion, by people united by a common religious belief, some rites or practices "and not conduct that" activities in relation to the object such as the acquisition, leasing, construction , development and maintenance of buildings used for worship as well as maintenance and training of ministers and other persons contributing to the exercise of religion. "
  • The exercise of religion must be the sole object of the association: "Respect for the condition relating to exclusively worship of the association must be balanced against the stipulations in the regulations of the association in question and its actual activities. The pursuit of an association of business other than those mentioned above is likely, unless these activities are directly related to the exercise of religion, and have strictly ancillary to exclude from the status of religious association. "
  • No annoyance to the public: "The fact that some of the association's activities could affect public policy precludes the association has the status of religious association."
Council of State, June 23, 2000

Overall, decisions related to the exemption from land tax on properties worship of Jehovah's Witnesses they were mostly favorable: "Out of 26 administrative courts, 23 have made a decision favorable to my client welcomes Alain Garay, counsel for Jehovah's Witnesses. The four rulings by the administrative courts of appeal, Marseilles, Lyon, Douai and Nancy are all in their favor. " The Ministry of Economy and Finance filed appeal against all decisions in favor of Jehovah's Witnesses and they have done against those against them.

Finally, 23 June 2000, the Council of State upheld the law in favor of two leading cases . The exclusively worship of the association in question was not challenged, the judges were especially pronounced on the possible harm to the public:

"Considering the one hand, if the Minister argues that the court erred in law by charging the burden of proving the existence of a threat to public order committed to the exercise of activity of the local Association for the worship of Jehovah's Witnesses Clamecy, this plea has no factual basis, Considering, on the other hand, after having raised a sovereign, by an assessment which is not likely to be discussed before the Court of Cassation, it was not the result of the investigation, nor that the association has been prosecuted or dissolution by administrative authorities and judicial decisions, it has encouraged its members to commit crimes, particularly that of non-assistance to persons in danger, the court could, without vitiating its stop misclassification legal, judge in the circumstances of the case before him, that the activity of the local association for the worship of Jehovah's Witnesses Clamecy did not threaten public order and, consequently, the association was entitled, under the year 1995, the exemption under Article 1382 General Tax Code; . A prefectural prohibited the religious association to receive gifts and bequests, justifying the fact that "this association is likely to undermine public order in the exercise of its activities directly related to his positions in the fields of public health and civic life. " According to a local newspaper , the action brought by the religious association, judged admissible, has therefore been to seek annulment of that decision, arguing that:
  • 1) The law Kouchner on patients' rights (Article L. 1111-4 of the Public Health Code) recognizes the right to refuse a medical procedure.
  • 2) According to the Decision of 16 August 2002 issued by the State Council, the refusal of a blood transfusion is a fundamental freedom.

Judgement of trial court, not appealed, held that "the only general statement, not that detailed the prefect a relev en premier lieu que le Conseil d'tat avait admis que deux associations locales pour le culte des Tmoins de Jhovah remplissaient les conditions d'une association cultuelle. Elle a ensuite constat que l'association disposait d'une autorisation prfectorale de recevoir des dons et legs . La cour a donc conclu que l'association dispose de la capacit de recevoir le capital d'une assurance vie en tant qu'association cultuelle.

Pratique administrative

Position du ministre de l'conomie, des Finances et de l'Industrie

propos de cette nouvelle jurisprudence, deux parlementaires ont interrog le ministre de l'conomie, des Finances et de l'Industrie sur " les perspectives de son action ministrielle s'inspirant de la dcision du Conseil d'tat n 215-109 du 23 juin 2000 ". Le ministre a apport la rponse suivante :

Revenant sur sa jurisprudence du 1 er fvrier 1985 (CE, Ass., req. n 46-488), le Conseil d'tat a effectivement confirm deux arrts de la cour administrative d'appel de Lyon selon lesquels les locaux appartenant des associations locales pour le culte des tmoins de Jhovah et affects l'exercice du culte pouvaient bnficier de l'exonration de taxe foncire sur les proprits bties prvue l'article 1382-4 du code gnral des impts (CE, 8 e et 3 e sous-section, 23 juin 2000, req. n 215 152 et 215 109). L'administration a pris acte de cette dcision.

Conformment cette rponse, le ministre a effectivement tenu compte de cette dcision, puisque les associations locales pour le culte des Tmoins de Jhovah ont obtenu les avantages fiscaux en question.

Position du ministre de l'Intrieur

Tirant consquence de la jurisprudence du Conseil d'tat du 23 juin 2000, le Bureau central des cultes au sein du ministre de l'Intrieur a donn pour consignes aux prfectures d'accorder le statut d'association cultuelle aux associations pour le culte des Tmoins de Jhovah qui en font la demande .

Lors du colloque " Quelle lacit en Europe ? " tenu Rome les 16 et 17 mai 2002, Vianney Sevaistre, en tant que chef du Bureau des cultes, a d justifier sa position sur la question du statut des Tmoins de Jhovah / Sup>. He said in particular that the administration previously denied such status to Jehovah's Witnesses on the ground that public order was disturbed, but that these motivations have been routinely rejected by courts and administrative courts. Without disturbing the public order, there was no reason to deny the benefit of that legal status.

At a hearing before Parliamentary Inquiry Commission on Sects and minors (incorporated 28 June 2006), Didier Leschi, chief of the Central Bureau of Religious Affairs, confirmed that his office gave "routinely benefit of the provisions for religious associations to associations of the Jehovah's Witnesses, abandoning the argument that their doctrine was to constitute a disturbance to public order ", based on the jurisprudence of the State Council in June 2000 , Michele Alliot-Marie, Minister of Interior, explained his position in the fight against sects. Asked about the Jehovah's Witnesses, she brought the following response:

"This is a legal association. She was able to ask at some point, difficulties, particularly with regard to freedom of care. The State Council has decided: under the law, a religious association. My role is to enforce the law. "

At the same feature on the controversy surrounding the fight against cults in France, the Paris newspaper reported that 1,000 communities of Jehovah's Witnesses are recognized worship, like their national representation. And add that they are faithful to their 200 000 Fifth "religion" of France .

However, the Association of Jehovah's Witnesses "(ATJ), which operated at the national level and publishing activities to which the tax adjustment ( tax manual gifts ) is not considered a religious association under the law of December 9, 1905, but merely as a non-profit association under the Act of 1 July 1901.

Position of the Elysee

At the Elysee Also, considering that the status of Jehovah's Witnesses was settled. That is why it is reproached the Miviludes to have crossed a red line by publishing a study "on how people are treated outside the Jehovah's Witnesses, even though the State Council had recognized in France as a religious association " .

Affiliation with the body of worship

This recognition has opened the door of worship to other decisions that contribute to the integration of Jehovah's Witnesses worship in the landscape of France. So did they get the permanent membership of two ministers of their faith to the pension insurance, disability and health cults (CAVIMAC) following a positive opinion of the Advisory Committee on Religious Affairs held October 26, 2001, then that their applications had been previously rejected. This was followed by the annexation of 300 members of the Christian Community Bthlites and 400 itinerant ministers of religion of the Association of worship of Jehovah's Witnesses in France this welfare regime specific to religion.

In response to a member who drew the attention of government on this situation, the Health Minister said:

"The affiliation to the worship of ministers of religion of Jehovah's Witnesses was conducted in accordance with the laws and regulations as regards membership of ministers of religion and members of religious congregations and communities, as provided for in Articles L. 721-1 and R. 721-1 to R. 721-12 of the Code of Social Security. "

Controversy

The parliamentary report of 1999

The report of the Parliamentary Inquiry Commission of 1999 explains that some sects claim the status of religion, making this claim in its opinion, a strategy to obtain official recognition. However, this claim "conflicts with the principle of separation of church and state, which refers to the religious practices of privacy, and recognizes the government any power to define what is religious and what is not not. The State Council is not empowered by law to recognize any religion whatsoever, the republic did not recognize any religion . However, the report states that the quality of religious congregation , which does not receive any congregation of Jehovah's Witnesses, who alone is recognized by State Council decree, is different from the status of religious association and implies obligations, including accounting much more important . But neither of these statutes is not a recognition of the recipient's religion, it is only legal and administrative arrangements. This text adds that "the main legal offensive waged by the sects on the ground of religious recognition deals with the regime of religious association under the law of December 9, 1905 concerning the separation of church and state in which the application raises more difficulties than granting the status of congregation. It is indeed a statute created in 1905 which has since been, especially from the administrative jurisdiction of divergence know that cults use with skill. "The report then gives the example of the Jehovah's Witnesses, describing their efforts to obtain the status of religious association for their many associations, initiating proceedings pertaining to tax litigation, and explains that the issue of litigation is important as regards the exemption from property tax:

"The overall amount of property tax" for the "religious buildings" whose owners are local associations is estimated at more than 10 million francs per year. 1 March 1999, these associations had submitted 1,577 claims and 1,133 Applications instituting proceedings before administrative tribunals. "

Nevertheless, the report of the Parliamentary Commission of Inquiry already evokes the possibility of favorable court decisions of the administrative courts of appeal and, where appropriate, the State Council, which could lead to "a recognition of the quality of cultic associations sectarian. " In this case, the Commission considers it appropriate to reconsider the texts.

In fact, she said estimate for its part, that which raises "fundamental problem with the Jehovah's Witnesses is their design demonizing of today's society" and the roll-off that the movement holds between it and its followers.

Questioning the decisions of 1985?

Various lawyers defending the idea that the decision section of the State Council of 23 June 2000 associated with the opinion of Assembly of October 24, 1997 permits the abandonment of the jurisprudence of the Judgement of Assembly of a February 1985. For example, in a note of jurisprudence, and Pierre Collin Mattias Guyomar (masters of requests to the State Council) have reasoned as follows:

"In this regard, we analyzed the decisions seem in line with the 1997 opinion, questionable return on the solution - and discussed - adopted by the assembly of the litigation in 1985 about the same Jehovah's Witnesses. The State Council had, as we have seen, denied the Christian Association of Jehovah's Witnesses in France as the cultural association "

Similarly, the Tax Law Review support the same view:

"The negative response "

By contrast, members of the royal commission on sects and minors in 2006 and UNADFI , when the Council of State was questioned in October 1997 on the landfill property tax to local associations under section 1382 of the Tax Code, it has not undermined his case from 1985 concerning the refusal by the administration to accept a bequest (law of 25 December 1942 amending the Act of December 9, 1905), for their national association: the Association of Christian "Jehovah's Witnesses in France" (now defunct ). UNADFI refers in particular to the Government Commissioner's conclusions in relation to the rules needed to obtain the property tax relief to qualified local associations and religious associations under the provisions of Item 4 section 1382 of the Tax Code and the Act of 9 December 1905 concerning the separation of church and state, presented on that occasion before the State Council :

"In summary and risk, we repeat, to disappoint those who saw in this case the opportunity for the Council of State to reconsider the negative solution adopted in 1985, this request for an opinion does not then you can she can call on your part, that a general answer, for clarifying the rules imposed in this area to the administration and judiciary. "

In response, the Presbytery of the Jehovah's Witnesses said that only "on a strict legal technicalities" that the State Council could not reconsider in October 1997 the negative solution adopted in 1985 , since he was seized by an administrative court for an opinion on a new point of law (Article 12 of the Act of December 31, 1987), which does not allow him to settle the matter in the bottom :

"If it belongs to the State Council, as part of the procedure under Article 12 of the Act of 31 December 1987 cited above, to formulate an opinion on a new point of law, it does not belong to him to decide the merits and, consequently, to assess whether, in this case, the local association for the worship of Jehovah's Witnesses RIOM can be described as a religious association under the provisions of Item 4 of the Section 1382 of the Tax Code and the law of 9 December 1905 concerning the separation of church and state. "

In contrast, the Presbytery argues that these are the judgments of 23 June 2000 which is a departure from precedent by recognizing the religious character of associations for the worship of Jehovah's Witnesses.

Meaning of disturbing public order

The actors in the anti-cult note with regret that many associations of the Jehovah's Witnesses were obtained from the competent prefecture status "Act 1905" and thus enjoy tax benefits for religious associations:

In 2000, the case law of the State Council said that the administration should not "take into consideration the content of the doctrine" of Jehovah's Witnesses, but attach only to specific activities and behavior of local associations seeking exemption from property tax.

On March 4, 2002, the law Kouchner on patients' rights for freedom of choice to express a medical doctor must respect that, therefore, unable dictated by the cult to use the blood can no longer be advanced as constituting a disturbance of public order. On July 9, 2002, the Association of Jehovah's Witnesses cult in France (ACTJF) is authorized to receive gifts and bequests by order issued by the prefect of Hauts-de-Seine and is thus empowered to issue tax receipts qualifying tax breaks for donors. On 16 August 2002, the State Council shall make an order in which he believes that "the refusal to accept a blood transfusion is the exercise of a fundamental freedom" in a case where the judge of the administrative tribunal of Lyon was seized by a Jehovah's Witness who asked him to direct the hospital not to proceed in any case to the forced administration of blood on his person . In November 2002, the Administrative Tribunal of Saint Denis de la Reunion canceled a prefectural order, which prohibited the religious association of Jehovah's Witnesses of the Meeting to receive donations and legacies, arguing that "this association is likely to undermine public order in the exercise of its activities directly related to his positions in the fields of public health and civic life. "

Following these court decisions, many associations of the Jehovah's Witnesses were granted exemption from property tax and others authorized to receive donations and bequests (which was deleted, any religious association is now empowered to receive donations and bequests).

According to the report of the national conference held in Marseilles by Gempp (Study Group Thought Movement for the Protection of the Individual) to obtain the tax benefits for religious associations (Act of 1905 ), Jehovah's Witnesses have also created many associations law of 1901 and worship in recent years in France, to distinguish those eligible to obtain the status law of 1905, those still under the status of association law 1901. The activists accuse the anti-sect Jehovah's Witnesses have thus circumvented by the number, to get this recognition that the Prefectural Council of State had refused in 1985 to their national associations: the Association of Christian "Jehovah's Witnesses in France "and believe that faced with inconsistencies and inaccuracies, it should be reviewed closely the French notion of disturbing public order and state.

Following the precedent of 2004

The 2004 report of the Miviludes reported case law of the State Council dated 28 April 2004, allowing "take greater account of the notion of public disorder in relation to religious associations dedicated to the pursuit of the same cult .

The UNADFI , which indicates that the association of worship Triumphant Vajra ( aumisme ) was denied the benefit of religious association because "its leaders have already been the subject of criminal prosecution for acts that were not independent of the exercise of his religious activities "by the decision of the State Council of 28 April 2004, wonders if this case could not be used by the administration against Jehovah's Witnesses in future. She referred to this effect, the operation of the "internal justice" Jehovah's Witnesses, named after the Judiciary Committee until 2005 and since then a committee of religious discipline (see Excommunication among Jehovah's Witnesses ). She added that she receives, unfortunately, not in isolation, evidence worrying about this and cited the case of a child abuse case . In one case tried by the Criminal Court of Dijon 25 February 1998, three local officials who held an internal Jehovah's Witness pedophile without reporting it to authorities, were charged with failing to report a crime (rape of a minor) when he "was still possible to prevent or mitigate the effects" and were sentenced to three months suspended prison sentence. However, if the opponents of Jehovah's Witnesses believe that this way of managing the affairs of pedophilia is indeed a political movement (cf. Infra treatment of pedophilia ), in the case of Dijon, the three former does produced no internal document imposing any secrecy. But beyond these cases of pedophilia, the UNADFI questioned the legality of domestic justice, well organized, Jehovah's Witnesses; judging the faithful transgessent that the precepts of Jehovah's Witnesses and sometimes substitute its view of justice Republican. She wondered whether Article 433-12 of the Penal Code does not apply to the organization of Jehovah's Witnesses, because it provides that the fact by any person acting untitled, to interfere in the exercise of a public service by performing an act reserved to the holder of the office is punishable by three years imprisonment and 45,000 euros fine. Now Justice is a public .

Controversy over a gathering of Jehovah's Witnesses in Lens in July 2006

In a polemic launched by North ADFI about a rally held in July 2006 in Lens (Pas-de-Calais), the Interior Minister Nicolas Sarkozy has personally said that "Jehovah's Witnesses are a religious association expressly recognized by the State Council and as such enjoys the freedom of assembly " , but added he could have "as many personal reservations" about the Jehovah's Witnesses .

In a press release dated July 18, 2006 , the member Jean-Pierre Brard , however, accused the minister of "clearance organization of Jehovah's Witnesses of his criminal acts by referring to a decision of the Council of State recognize the cult status in the organization of Jehovah's Witnesses, "noting that this status is not recognized him by the State Council. It ruled on the only legal form in a tax dispute with reference to a decision of 6 October 1999 the Administrative Court of Appeal of Lyon, giving local associations of the Jehovah's Witnesses landfill tax land on buildings in which they had been subjected to, discharge at the time challenged by the cassation of the Minister of Economy. About the statement of the Minister of Interior, the newspaper Le Monde states: "The texts referred to by the Minister are two judgments of 23 June 2000, in which the State Council said that local associations Witnesses Clamecy (Nivre) and Riom (Puy de Dome) are eligible for exemption from property tax to their places of worship, granted to associations of worship by section 1382 of the tax code. " Indeed, if the State Council has approved the administration's decision to consent to the exemption from property tax for local associations of the Jehovah's Witnesses, the latter recognizing their religious character and the (legal status) it can in no case expressly recognize a cult, as could suggest the clumsy statement of the Minister of Interior, the law prohibiting it.

Parliamentary Commission on Cults and minors (2006)

On October 17, 2006, it was the headquarters of the cult to give his point of view, this office under the Ministry of Interior providing controlled recognition worship performed at prefectures . Didier Leschi , the head of the Central Bureau of Religious Affairs since 2004, has been opposed to the Parliamentary Inquiry Commission on Sects and minors , incorporated 28 June 2006 on the legal status of Jehovah's Witnesses. At a public hearing organized by the members of this committee , Didier Leschi explained that his office gave "the benefit of systematic arrangements for religious associations to associations of the Jehovah's Witnesses, abandoning the argument that their doctrine was to constitute a disturbance to public order ", based on the jurisprudence of the State Council in June 2000. While the president and the rapporteur of the committee put forward the psychological maltreatment of children of Jehovah's Witnesses refusing blood transfusions or proselytizing door to door, Mr. Leschi said he was not aware of in any prosecution for child abuse. Faced with members involved in the fight against cults, who accused him of ignoring the testimony of former followers, he replied: "I was never advanced accurate records on cases of abuse among Jehovah's Witnesses recent years. " In terms of selective refusal of blood transfusion, he said the office believes that worship is no longer a problem of a legal point of view. He recalled in this respect the order of August 16, 2002 issued by the State Council, which held that "the refusal to receive a blood transfusion is the exercise of a fundamental freedom." He also cited the Kouchner law of 4 March 2002 on patients' rights, which states: "The consent of the minor or adult under guardianship must be systematically sought if it is able to express their will and to participate in the decision". Furthermore, ignoring the arguments of members of the committee, Didier Leschi said he "applied the legal framework" and that the Central Bureau of Religious Affairs was "not responsible for the protection of children, or PMI ". He also attacked the Interministerial Mission of Vigilance and Combat against Sectarian Abuses (Miviludes), accusing it of "approximation" and added that he feared "very stigma that does (...) is ultimately disturbances of public order, or at least expressions of intolerance against one of the most fundamental freedoms of every man and every citizen: freedom of conscience. " Visibly shocked responses from Mr. Leschi, members were pleased to have convened and have obtained clarification on the position of office of worship on this issue .

In a report broadcast Thursday, October 19 to 19 hours 30 CPAC LCP, where he was questioned about the case, Nicolas Sarkozy was first reported not knowing Didier Leschi, which is surprising since it is regularly consulted and cited as responsible for the Office of Religion in the press regarding the right of worship, practice, worship and especially the integration of Muslims in France. Informed by the journalist, he added that the officer did not engage in this kind of statement. Jean-Pierre Brard, for his part felt that Mr. Sarkozy disavowed his official and what Mr. Leschi only reflected his personal stance in favor of the organization of Jehovah's Witnesses. He cited a letter from Nicolas Sarkozy to his colleague Minister of Health, where it was as infiltration of Jehovah's Witnesses in the medical field, in connection with their associations to promote the anti-lobbying blood transfusion.

October 20, live on air on RTL , Georges Fenech , chairman of the parliamentary inquiry, said that if the refusal of blood transfusion can no longer be considered to constitute a disturbance to public order with regard to adults, it is different in the case of a refusal of blood transfusions that would endanger the life of a minor child. At his hearing before the committee, Jean-Olivier Viout, Attorney General at the Court of Appeal of Lyon, has also been very clear on the issue of refusal of blood transfusion in respect of minors (the matter is is asked repeatedly): in this case, the refusal of blood transfusion constitutes a disturbance of public order.

After the presentation, Tuesday, December 19, 2006, the third report of the parliamentary inquiry commission on sects, focusing on minors, Georges Fenech , MP UMP , accused the government and particularly the Office of Religion Department of Interior, "negligence or complacency" towards them. "The head of the Office of Religion (Didier Leschi) has a very personal needs clarification because it contradicts what is said in the Ministry of Health," he said Tuesday, December 19 on France 2 . At the press presentation of the parliamentary report, the member Jean-Pierre Brard has meanwhile accused Didier Leschi, chief of the Office of Worship of "connivance with TJ" . However, national associations of the Jehovah's Witnesses were recognized before the arrival of Didier Leschi office of worship in 2004 .

References

  1. According to Alain Osmond, Chief Executive, ex- MILS (La Gazette des communes, March 4, 2002):
    "Moreover, under French law, the word cult does not exist. Therefore, we can not condemn an association called the "drift sectarian movement" by the parliamentary report of 1995. You can not judge these associations that function acts which might damage public order, for example. "
  2. "Quarrels over the status of Jehovah's Witnesses" in Le Monde, Friday, October 20, 2006.
  3. Report on behalf of the Commission of Inquiry on Cults
  4. Email Legal Social Affairs, May-June 1998, p. 2
  5. Circular of the Ministry of the Interior on December 20, 1999 "Fight against the reprehensible jeopardizes sectarian movements" (Int. 9900262C).
  6. Local Association for the worship of Jehovah's Witnesses in Lorient, Rennes Administrative Tribunal, the order of February 21, 2002, No. 02507.
  7. Local Association for the worship of Jehovah's Witnesses La Rochelle v. Commune of La Rochelle, the Administrative Tribunal of Poitiers, 1st Chamber, June 13, 2002, No. 013040.
  8. PRMX0508471C
  9. PRESS
  10. Circular of the Ministry of Interior on the fight against sectarian, February 25, 2008 (NOR/INT/A/08/00044/C)
  11. Administrative Court of Appeal of Paris, 5 th Room - A Training, June 16, 2005, 02PA00039].
  12. Administrative Court of Appeal of Paris, 5 th Room - A Training, 1 December 2005, 02PA00039].
  13. Council of State, Division of, July 3, 2006, No. 284297.
  14. Council of State, Division of, July 3, 2006, No. 284296.
  15. Administrative Court of Appeal of Paris, 5 th Room - A Training, June 16, 2005, 02PA00387].
  16. "The indignation of Jehovah's Witnesses," News of December 18, 2006 Consistory of Jehovah's Witnesses.
  17. Le Monde, December 20, 2006, p. 14. See also Le Figaro, December 19, 2006, p. 12.
  18. 19/12/2006 - Press conference of the Parliamentary Commission of Inquiry on the influence of the sectarian movements and the consequences of their practices on the physical and mental health of minors
  19. Report No. 3507 Committee of Inquiry into the influence of the sectarian movements and the consequences of their practices on the physical and mental health of minors, Georges Fenech , Philippe Vuilque , December 12, 2006
  20. Correspondence from the Federation of Christian Jehovah's Witnesses in France with the Commission of Inquiry
  21. Vassilis Saroglou, Louis-Lon Christians, Coralie Buxant Stefania Casalfiore, challenged religious movements - Psychology, Law and precautionary policies, Ghent: Academia Press, 2005, p. 80.
  22. State Council Meeting, February 1, 1985, Case No. 46,488. See especially the criticism of the doctrine: Journal of Public Law, 1985, pp. 483-509; French Administrative Law Review 1, 1985, pp. 566-574; The Legal News - Administrative Law, 20 juillet/20 August 2000, pp. 597-602, 671, 672.
  23. Cf The parliamentary report on sects in 1999 and silver
  24. Council of State, January 13, 1993, No. 112,392, Minister of Economy, Finance and Budget for the Budget v. Agape Association, Council of State, January 13, 1993, No. 115,474, Minister of Budget v. Christian Congregation of Jehovah's Witnesses Puy.
  25. State Council Meeting, October 24, 1997, Opinion No. 187 122, Local Association for the worship of Jehovah's Witnesses in Riom. French Administrative Law Review, January-February 1998, pp. 61-73.
  26. The Express, January 27, 2000.
  27. Council of State, June 23, 2000, No. 215,109, Minister of Economy, Finance and Industry v. Local Association for the worship of Jehovah's Witnesses Clamecy ; State Council, 23 June 2000 No. 215,152, Minister of Economy, Finance and Industry v. Local Association for the worship of Jehovah's Witnesses in Riom.
  28. Administrative Tribunal of Saint Denis de la Reunion, November 27, 2002, No. 0101017.
  29. Act Kouchner and the tax exemption for donations
  30. CA Versailles , 1st ch., September 7, 2006, JD v. Jehovah's Witnesses in France.
  31. Order of the Prefect of the Hauts-de-Seine, July 9, 2002, Association of Jehovah's Witnesses worship in France.
  32. Official Journal, Senate, August 24, 2000, issue No. 27339, p. 2878. Official journal, National Assembly, April 23, 2001, issue No. 50121, p. 2411.
  33. Couchouron-Gurung Cline, , Thse de sociologie, Paris : HSS, 2005, pp. 185-188.
  34. Vianney Sevaistre, " La lacit dans l'administration, mode d'emploi ", colloque " Quelle lacit en Europe ? ", Rome, 16, 17 mai 2002.
  35. Vif change au sujet des tmoins de Jhovah la commission parlementaire sur les sectes, , Paris, 17 octobre 2006.
  36. Je dois assurer la libert de croyance de tous , , lundi 4 fvrier 2008, p. 16.
  37. "France has 200,000 Jehovah's Witnesses," In France today, Monday, February 4, 2008, p. 17.
  38. L'lyse prpare une rforme de la lutte contre les sectes , , mardi 5 fvrier 2008.
  39. , Assemble nationale, 31 aot 2004, question n 32762, p. 6905.
  40. Commission d'enqute parlementaire de 1999
  41. Loi du 9 dcembre 1905 relative la sparation des glises et de l'tat
  42. La revendication du statut cultuel et le recours la loi de 1905 :
    Il s'agit d'un rgime d'autorisation dont les caractristiques sont clairement dfinies par le titre III de la loi de 1901 qui organise la liquidation des biens des congrgations existantes au moment de sa promulgation. La qualit de congrgation religieuse est reconnue par dcret en Conseil d'tat et, la diffrence du rgime de l'association dclare, entrane des obligations, notamment comptables, importantes. "
  43. La revendication du statut cultuel et le recours la loi de 1905 :
    La Direction gnrale des impts a systmatiquement interjet appel des dcisions favorables aux associations de Tmoins de Jhovah. Le juge d'appel a ainsi t saisi de 210 requtes non encore examines. Il faudra par consquent attendre les dcisions futures des cours administratives d'appel puis, le cas chant, du Conseil d'tat. Si, l'issue de ce contentieux, la jurisprudence administrative devait tre inverse et aboutir une reconnaissance de la qualit cultuelle des associations sectaires, la Commission considre qu'il conviendrait de rexaminer les textes. Une telle reconnaissance entranerait le bnfice d'avantages financiers et fiscaux drogatoires au droit commun des associations et, surtout, donnerait aux mouvements sectaires la reconnaissance religieuse qu'ils revendiquent. Elle ouvrirait la voie des abus particulirement dommageables. Il suffirait en effet toute association, quelle que soit la nature de ses activits, de se doter d'un caractre religieux en donnant ses statuts un objet exclusivement cultuel, pour que lui soient attribus le bnfice de la loi de 1905 et la reconnaissance implicite qui lui est lie. "
  44. , 20 juillet/20 aot 2000, p. 600.
  45. , n 30-35, 2000, p. 1100.
  46. Concernant les Tmoins de Jhovah, l'UNADFI tient rappeler quelques lments et Audition de Monsieur Didier Leschi
  47. , janvier-fvrier 1998, p. 68.
  48. Communiqu des Tmoins de Jhovah du 22 juillet 2006.
  49. Conseil d'tat, Assemble, 24 octobre 1997, avis n 187122,
  50. Conseil d'tat, 23 juin 2000, n 215109, ; Conseil d'tat, 23 juin 2000, n 215152, .
  51. REFUS DE SOINS ET TRANSFUSION SANGUINE-TAT DU DROIT APRES LA LOI DU 4 MARS 2002
  52. Compte rendu du colloque national organis Marseille par le GEMPPI
  53. Miviludes 2004
  54. Cf les chapitres et Bulles 87
  55. Affaire de pdophilie de Dijon Le Canard Enchan, 25 mars 98 et Charlie Hebdo N : 331 du mercredi 21 octobre 1998 page 6
  56. Les Tmoins de Jhovah et la Rpublique sur le site de l'UNADFI.
  57. , 22 juillet 06, par Xavier Ternisien
  58. Le dbat sur le caractre sectaire des Tmoins de Jhovah relanc , , 19 juillet 2006, par Laurence Chabert
  59. rd.org/documents/1319-005.doc "class =" external text "rel =" nofollow "> Press Release Jean-Pierre Brard, 18 July 2006
  60. The World, July 22, 2006 by Xavier Ternisien
  61. See in this regard its circular dated 19 July 2004 Bibliography

    Legal Sources

    Law books
    • Xavier Delsol, Alain GARAY, Emmanuel Tawil, Right Worship - People, activities, goods and structures, associations Juris Publishing, Lyon, 2005.
    • Philippe GONI, Jehovah's Witnesses: Practice and cultic law of 9 December 1905, Editions L'Harmattan, Paris, 2004.
    General articles about religious associations
    • Proceedings of the Symposium "News of religious associations: Should we change the law separating church and state?" (National Assembly, 24 November 1995), Les Petites Affiches, May 1, 1996, No. 53.
    • Alain Boyer and Michel Brisacier, "The religious associations and congregations" in "The State and Religion", Administration, No. 161, October / December 1993, pp. 65-79.
    • Alain Boyer, "The prefectural government and worship," Book Law and Religion, No. 1, 2005, pp. 13-19.
    Ministerial circulars
    Court Notes
    • Gilles Bachelier, Conclusions of the Government Commissioner, Journal of Public Law and Political Science in France and abroad, 2000, No. 6, pp. 1839-1849.
    • Sophie BOISSARD, "Conditions for the refusal of the status of religious association to association," Conclusions of the Government Commissioner, The Legal News - Administrative Law, 2004, p. 1367.
    • Brisacier Michel, "The State Council stipulates the criteria of the Association of worship", Administration, No. 177, 1997, pp. 91-93.
    • Thierry DAUP, "Public policy and religious associations", Yearbook Law and Religion, No. 1, 2005, pp. 129-147.
    • Alain Garay and Philippe GONI Note Jurisprudence Administrative Law Journal of Science and Public Policy in France and abroad, 2000, No. 6, pp. 1825-1837.
    • Gerard Gonzalez, "Jehovah's Witnesses can they be religious associations?" French Administrative Law Review, January-February 1998, pp. 61-73.
    • Gerard Gonzalez, "Jehovah's Witnesses may constitute religious associations" , Quarterly of Human Rights, No. 2001/48, pp. 1208-1219.
    • Mattias GUYOMAR and Pierre Collin, "General Chronicle of French administrative law - Contributions and taxes", The Legal News - Administrative Law, 20 juillet/20 August 2000, pp. 597-602, 671, 672.
    • Caroline Leclerc, "The status of religious association and sects," French Administrative Law Review, May-June 2005, pp. 565-576.
    • Hocine SADOK, "Cults and religious associations", Administrative Law, November 1998, pp. 7-11.

    Documents Information of Jehovah's Witnesses

    • National Consistory of Jehovah's Witnesses, The financing of worship of Christians Jehovah's Witnesses in France (White Paper), Association of Jehovah's Witnesses ", Louviers, 1999.

    Official Reports

    Associations information and fight against sectarian

    See also

    Internal Links

    External Links

    Laws & Circulars
    Official websites of Jehovah's Witnesses



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