Concerned to better structure the Islam of France, the executive is planning to revise the law of sects without touching the main principles of the 1905 law.
On Monday, November 5, the ministers of justice and home affairs announced that the government is starting a consultation of representatives of the sects.
President Emmanuel Macron is determined to give Muslim faith the means to take his place in France and, at the same time, demand more transparency and independence from its powers from foreign powers.
After giving himself the time for reflection, for this legally complex and politically sensitive issue, the manager is about to get into the concrete. The government will consult church representatives "Next week"announced ministers of justice and home affairs on Monday 5 November.
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They were questioned after the publication that morning of an article advice referring to a "draft text" from the government that would consider a softening of the 1905 law. It would not be a question of touching the great balances of this historical text that devotes freedom of conscience and the separation of churches and the state but to review the regime of sects to clarify the organization and financing of Islam. .
A text in parliament in early 2019
"It's not about rewriting the 1905 law", explained on France Inter in custody of the stamps, Nicole Belloubet, stating: "It has been so often (modified), maybe it's like that again". "Reflections are under way" and consultations must be started "Already next week with all representatives of the sects"said the Minister of the Interior Christophe Castaner.
The concept bill unveiled by advice is "A discussion paper (…), nothing but that" he warned. This text is designed to prepare a bill that could be "Submitted to parliament at the beginning of 2019", according to the newspaper.
The sects organize two main categories of associations: the associations law 1901 and the cultural associations established by the law of 1905. The latter are entitled to a certain number of tax benefits or the possibility to receive donations and legacies. But in return, the purpose of these associations must be strictly limited to the service of worship (financing of buildings and clergy …) and administrative control is exercised on the destination of their funds.
In fact, most communities of Muslim believers choose the legal regime of 1901 that offers more flexibility. The document cited by advice would consider promoting the associative model of 1905 with a form of giving and giving: on the one hand more control, on the other side open to new means such as the possibility to earn income from real estate or access to government subsidies for energy renovation of prayer houses.
The object of the 1905 associations could also be slightly enlarged: the 1905 associations are formed for the practice of worship, but also "To support this exercise" according to the proposed new wording.
In the document cited, the government intends to encourage confessions to revert to the 1905 statute. "Must then pass" by a prior and prior recognition procedure "of its cult quality to the prefect for" a renewable 5-year period "", written advice. This "administrative stamp" may be withdrawn in case of violation or violation of public policy.
The design also intends to step up the fight against radical preachers. Sanctions for inciting violation of the law would be increased. A provision "Anti-coup" should serve as "Legal shield" against the "Unfriendly acquisitions" associations by some preachers.
In 2006 Nicolas Sarkozy had not followed up Machelon's report, which stated that the regime of religious associations would be too restrictive. Emmanuel Macron is preparing for a much more radical choice by softening a model 1905 while strengthening control over sects?
In his television speech on October 16, 2018 Emmanuel Macron stated that "The Republican Reconquest" especially happens "By another organization of religions". Many uncertainties still have to be lifted in the majority projects.