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Non-financement des cultes sur fonds publics

The principle of no public funding for faiths is formulated in Article 2, paragraph 1 of the Law of 9 December 1905 : “The Republic does not recognise, pay the salaries of, nor subsidise any faith”.

To date, the ban on public funding is a logical consequence of the end of the system of recognised religions, in force throughout the 19th century, which was based on the public law status of four religious groups - Catholic, Lutheran, Reformed and Jewish - organised and funded by the state. The separation of church and state logically entailed abolition of the public budget allocated to them and which mainly included salaries for ministers of worship and maintenance of religious communities’ built heritage. In addition to Article 2, one must mention the ban on subsidising religious associations which replaced the abolished state religious institutions and were “formed to support expenditure, maintenance and the public exercise of a faith” (Article 18). These associations must have practising a faith as their exclusive aim and, in particular, they cannot “in whatever form, receive subsidies from the state, départements or communes” (Article 19).

This no-funding rule has exceptions laid down by the legislator and administrative case law has also contributed to mitigate the effects of this ban.

D 16 avril 2013    AAnne Fornerod

CNRS Unistra Dres Gsrl

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