Principle of Cooperation State / Confessions (Art. 16.3 EC): Religious Freedom in Spain
The Principle of Cooperation: State and Religious Confessions (Art. 16.3 EC)
This principle is secondary and subordinate to the principle of religious freedom, specifically the State’s positive consideration of this freedom. It is linked to the State’s position to encourage and facilitate the exercise of the right to religious freedom.
This principle recognizes groups and grants them legal status. It mandates the government to cooperate with these religious groups, as they serve the personal development of individuals within them. However, it is not configured as a right, so not all groups can access it.
These partnerships are based on the needs and beliefs of Spanish citizens. The goal is to foster the right of religious freedom, not just institutional agreements with religious groups.
Separatist regimes in church-state relations (like in the U.S. and France) are conceivable. In these systems, the state’s relationship with religious denominations is a duty of public authorities, not a fundamental right of the denominations. It is a principle applicable to individuals.
The mention of the Catholic Church in Art. 16.3 EC, concerning cooperative relations between State and Church, reflects the historical context of its strong influence. It was a sensitive subject during the approval of the EC and serves as social recognition of the Catholic Church’s power. The role of other faiths at the time was minimal, but this mention does not preclude respect for other beliefs held by Spaniards. Some interpret this reference as an example, specifically mentioned in the EC as a model for future relations with other religions.
Different Ways to Access Cooperation
Cooperation Agreements: The State establishes a distinct legal status for religious institutions through these agreements. For the Catholic Church, it takes the form of an international treaty, while for other denominations, it is an ordinary law. To sign, confessions must be registered (and thus have legal personality) and have significant roots in Spanish society. Meeting these requirements doesn’t obligate the State to sign an agreement (Art. 7.1 LOLR).
The first agreement was with the Catholic Church in 1976, followed by four in 1979. The 1992 agreements (25, 26, and 27) with other religions were enacted by the Government, not the State, as decree-laws.
Direct or Indirect Funding: This includes payments to ministers of various religions.
Rules Facilitating Religious Freedom: Examples include the Directorate General of Religious Affairs (DGAR) under the Ministry of Justice, the Register of Religious Entities (RER), and the Advisory Commission on Religious Freedom (CALREN).
State cooperation is not solely economic. Funding exists, but tax exemption (indirect funding) is more significant and applies equally to all entities declared of social interest (regulated by the Law on Foundations and Patronage). Registration, organizational autonomy, and differential treatment compared to other associations are also crucial. The State will not interfere in religious matters.
Directorate General for Relations with the Confessions (DGAR)
- Register of Religious Entities (RER): Self-proclaimed religious entities are registered here for specific legal effects articulated in the LOLR. It’s an administrative tool provided by the State to facilitate their function and recognition, granting them legal personality upon registration.
- Advisory Commission on Religious Freedom (CALREN): This collegial administrative body comprises ministers of various denominations, Justice Ministry officials, and field experts. It’s neither a denominational body nor an association but an important expression of the cooperation principle. It offers opinions on controversial issues, including signing cooperation agreements with religious denominations. Its opinion is mandatory but not binding.