Professional Documents
Culture Documents
State
and
Religion
in
Romania
2nd Edition
Revised and Added
translated by
Della L. Marcus
Bucharest
2019
2
State and Religion in Romania
2
CONTENT
Introduction......................................................................................................................5
6. Religious organizations...............................................................................................127
Annexes........................................................................................................................ 211
Glossary........................................................................................................................217
Translator’s note............................................................................................................219
Bibliography.................................................................................................................221
4
IntroducTION
This book is an overview by the State Secretariat for Religious
Affairs of several issues being debated in connection with the status
of religion in society, and specifically of those religions recognized by
the Romanian State. The relationship between the State and recog-
nized religions, especially with the Romanian Orthodox Church, has
become the focus of some public figures, politicians, and the media.
Through our activities, including the publication of this work, we wish
to contribute to a balanced debate based on concrete data, legisla-
tion, and an understanding of the historic evolution of the relation-
ship between the State and faith organizations in our country. We are
talking about constitutive elements of national identity, whose com-
plexity requires an objective approach, as an essential condition for
civil, argument-driven debate.
6
First, we wish to offer through this book some clarification
of the status of the State Secretariat for Religious Affairs as part
of and its role within the central public administration, and an in-
cursion into its history as a key institution in the modern State’s
relation with the manifestation of various religious phenome-
non in Romania. Second, we would also like to provide the pub-
lic relevant statistical data to help it understand the evolution
of the religious structures of the modern Romanian population.
Victor Opaschi
State Secretary for Religious Affairs
May 2019
8
chapter 1
What is the State Secretariat
for Religious Affairs?
1.1. What are the objectives of the State Secretariat for Religious
Affairs?
10
1
1.4. What are the attributes of the State Secretariat for Religious
Affairs?
4 Funds allocated from the State budget for non-religious staff salaries are administered
by County Councils.
13
1
14
cHAPTER 2
Short Institutional History
Each year, the Church Bureau would draw up its own budget
of income and expenditures, distinct from the State budget, which
it submitted for approval to the Assembly of Deputies. In 1908, the
budget of the Church Bureau was included in the State budget, and
included:
A third stage followed, after the First World War and the Union
of 1918, when there was a reorganization of the legal frame-
work concerning the status of faiths in Romania, aiming to grant
proper recognition to the manifest religious pluralism of Greater
Romania.
Lucian LEUȘTEAN, Orthodoxy and the Cold War: Religion and Political Power in
10
The vision of the State Secretariat for Religious Affairs on the role
of religious organizations in society’s life is clearly enunciated in
23
Law no. 489/2006 on the Freedom of Religion and the General
Status of Religions, but elements thereof are also included in oth-
er normative acts in effect.
The vision of the State Secretariat for Religious Affairs concerning the
church-state relationship in Romania and the role of religious commu-
nities in society is based on existing legal traditions, as well as on the
current Romanian societal realities.
25
3
26
3
Three censuses were carried out in the modern period: the first in
1859, the second four decades later in 1899, and the third in 1912, pri-
or to the Great Union of 1918. One of the interesting pieces of infor-
mation gleaned from the census was the religious affiliation of the
population. Since the country’s territorial composition changed very
little during that period, the data obtained during all three censuses
can be used for a viable comparison (see Table 1).
Year
Religious
Affiliation 1859 1899 1912
Believers % Believers % Believers %
Total 4,424,961 100% 5,956,690 100% 7,235,320 100%
1. Romanian Orthodox 4,198,862 94.89 5,451,787 91.52 6,735,444 93.09
2. Judaism 134,168 3.03 266,652 4.48 241,088 3.33
3. Roman Catholic 45,154 1.02 149,667 2.51 157,938 2.18
4. Protestant 28,903 0.65 22,749 0.38 24,727 0.34
5. Armenian 8,178 0.18 5,787 0.10 6,985 0.10
6. Lipovan 8,375 0.19 15,094 0.25 21,628 0.30
7. Islam 1,323 0.03 44,732 0.75 46,406 0.64
8. Other faith - - 222 < 0.01 1,104 0.02
28
3
The results of the 1912 census did not yield major surpris-
es, with the confessional structure remaining similar to that of
1899, with one significant difference: the Jewish population had
dropped due to emigration. There were Romanian state territo-
rial changes between 1912 and 1918 that had a significant ef-
fect on the national ethnic and confessional distribution of the
population, namely the annexation of Southern Dobrogea (the
so-called Quadrilateral). The population of the new province
was mostly Turkish and Tatar, belonging to the Muslim faith, and
Bulgarian Orthodox, as per the 1930 census, when the Muslim
community numbered over 185,000.
Year
Religious %
Affiliation
1880 1900 1910
1. Romanian Orthodox 37.1 34.9 34.3
2. Greek Catholic 23.3 23.5 23.7
3. Roman Catholic 17.7 18.8 18.9
4. Reformed 12.4 13.0 13.2
5. Evangelical Lutheran 5.5 5.2 5.0
6. Judaism 2.6 3.3 3.5
7. Unitarian 1.4 1.3 1.3
8. Other faiths 0.1 0.05 0.09
33
3
34
3.4. 1940-1945 Period
12
Representatives of the Romanian Church United with Rome, Greek Catholic con-
tested the results of the 1992, 2002, and 2011 censuses, claiming that the manner in
which data were collected was defective.
36
4
13
In 1992 the Christian Church of the Gospel and the Romanian Evangelical Church
merged as a single denomination; the Jehovah’s Witnesses Religious Organization
became a recognized religion in 2003; the Serbian Orthodox Bishopric of Timișoara was
recognized after 2006. .
37
4
14
Administrative sources were used for the first time in the 2011 census, where direct
interviews had not been possible. Based on these sources, the religious affiliation of a
significant number of persons could not be established, and therefore a “Not available”
category was added to the table. These amounted to almost 1.3 million persons, repre-
senting 6.25% of the total population, and hence these absences affect the interoper-
ability of the data. The percentages were calculated for 2011 on the basis of population
for which faith had been registered directly.
38
4
CHAPTER 4
What Church-State relations exist
in democratic countries?
churches and religious associations or communities in the Member States. (2) The Union
equally respects the status under national law of philosophical and non-confessional
organizations. (3) Recognizing their identity and their specific contribution, the Union
shall maintain an open, transparent and regular dialogue with these churches and
organizations.” Article 17c of the Treaty of Lisbon amending the Treaty on European
Union and the Treaty establishing the European Community, Official Journal of the
European Union, 2007/C306/1.
STAN, Lavinia, Lucian TURCESCU, Church, State, and Democracy in Expanding Europe,
16
ways with those in Poland and Romania, where levels of religiosity are
much higher.
Nor does the separation of church and state necessarily mean that
there is no form of financing: in secular France chaplains in hospitals can
be paid by the State. However, this does not happen in Belgium, which
has a regimen for recognized religions. And finally, regardless of the type
of church-state relationship, religions and faiths enjoy a varying number
of tax exemptions.
Thus, one can see that from a legal standpoint the Romanian
model of church-state relations greatly resembles in part the German
and Belgiumn systems of cooperation, and on the other the church-
state relations of post-communist countries. Below, we offer several
examples of legislative elements and government practices from a
variety of countries in the Euro-Atlantic region.
45
4
Austria
Belgium
Bulgaria
46
4
Canada
Croatia
Estonia
France
Germany
Greece
Iceland
50
5
Italy
Latvia
Lithuania
Luxembourg
The Netherlands
Norway
Poland
Portugal
The Law on Religious Freedom (Art. 58) provides for special rights
and privileges for the Catholic Church in the area of religious ed-
ucation, civil effects of religious weddings, decisions of Catholic
Courts, recognition of entities established legally by the Church,
and fiscal exemptions stipulated in the Concordat between the
Vatican and Portugal in 1940.
53
Slovakia
Spain
Sweden
Switzerland
54
5
Austria
Belgium
Bulgaria
Czech Republic
Croatia
Denmark
Estonia
Finland
France
57
5
Germany
Greece
Hungary
Italy
Lithuania
Latvia
Malta
Norway
Poland
Slovakia
Spain
The State has signed accords with the Catholic Church (1976,
1979, and 1994), with the Federation of Evangelical Religious En-
tities, the Federation of Jewish Communities, and the Union of
Islamic Communities (1992).
Sweden
Switzerland
What are the criteria for obtaining the legal status of religious
organization and what advantages do registered/recognized religious
organizations enjoye?
Austria
Belgium
Bulgaria
Canada
Croatia
Czech Republic
Denmark
Finland
France
Greece
Hungary
Italy
Luxembourg
The Netherlands
Norway
Poland
Slovakia
Spain
Sweden
Switzerland
Austria
Belgium
The constitution stipulates that the State must pay the salaries
and retirement benefits for the clergy (ministres des cultes) and
of the delegates of non-confessional philosophical organiza-
tions.
Bulgaria
Religious organizations use both their own funds and State sub-
sidies on the basis of Article 21 of the Law on Religions (2002).
Canada
Czech Republic
Estonia
75
5
France
Hungary
a legal entity which includes the Lutheran Church of Estonia, the Orthodox Church of
Estonia, the Estonian Orthodox Church of the Moscow Patriarchate, the Roman Catholic
Church, the Union of Evangelical Christians of the Baptist Churches, the Estonian
Conference of Seventh-Day Adventists, the Estonian Methodist Church, the Christian
Pentecostal Church of Estonia, the Armenian Church, and the Charismatic Episcopal
Church of Estonia..
76
5
Norway
Poland
Slovakia
Spain
Sweden
Austria
Belgium
Bulgaria
Canada
Croatia
Czech Republic
Estonia
Greece
The Greek State finances two Muslim high schools and the
salaries of some 240 Muslim professors who have the right to
teach Koranic studies in public schools in Thrace. Furthermore,
the State also pays the salaries of 14 Catholic professors who
teach Catholicism, mostly on the islands of Syros and Tinos.
Hungary
Italy
Latvia
Luxembourg
Malta
Norway
Poland
Spain
Belgium
Czech Republic
France
Greece
The Greek State pays all salaries for priests and bishops of the
Orthodox Church of Greece and Crete, as well as the salaries of
three muftis.
Hungary
Poland
Slovakia
Spain
Austria
Belgium
The 1836 Provincial Law (Art. 255, para. 9) states that places of
worship of recognized religions on municipal territory must
be maintained by the municipality, which also covers the costs
of upkeep (heating, lighting, cleaning, maintenance, liturgical
furnishing, etc.). This Provincial Law also provides similar pro-
visions for cathedrals, diocesan seminaries, and residences of
bishops, with expenses covered by the provinces. The situation
that is specific to Belgium is that since the 1801 Concordat res-
tituted places of worship belong to municipalities (churches) or
provinces (cathedrals). Churches built after 1801 belong either
to the municipalities, or to the so-called fabriques d’église24,
23
See especially Françoise CURTIT, „Sélection de dispositions nationales concernant
les édifices du culte”, in vol. M. FLORES-LONJOU and F. MESSNER (eds.), Les lieux de culte
en France et en Europe. Statuts, Pratiques, Fonctions, Peeters, Leuven, 2007, pp. 269-286.
Parish priests are responsible for the spiritual administration of a Roman Catholic
24
parish, while its material administration is handled by a fabrique d’église (a body tasked
to administer the assets of the parish). The latter are made up of clerics and lay persons,
with a Chairman, Secretary, Treasurer, and several members of the parish depending on
the importance of the communities.
89
6
with a semi-public status. The law states that the local authori-
ties will cover the annual budget deficit registered by these es-
tablishments.
France
90
6
Germany
Greece
Italy
The local authorities may provide financial subsidies for the con-
struction of places of worship. There is a national fund for places
of worship, administered by an office of the Ministry of the In-
terior, which is responsible for the upkeep of over 700 heritage
buildings, confiscated from the Roman Catholics by the Italian
State throughout the 19th century. All these buildings are today
being used by the church. Places of worship are exempted from
taxes. In the case of the Roman Catholic Church and other rec-
ognized religions that have agreements with the Italian State,
the building of a place of worship does not require any special
approval.
Spain
United Kingdom
system.) Less frequently the case may end up attracting the at-
tention of the government (recent case in the United Kingdom)
or may lead to the organization of a referendum (a single case in
Switzerland, in 2009).
5) Even when there is openness on the part of the State
authorities for the construction of a mosque, dissension may
arise among the various Muslim communities (of an ethnic or re-
ligious nature), which may effectively block the construction of
the place of worship.
CHAPTER 5
5.1. Why and how does the Romanian state support religions and
religious organizations financially?
the terms laid down by law (...) they shall be autonomous from the State and shall enjoy
support from it...,” Romanian Constitution, Art. 29, points 3 and 5.
98
6
Religions are equal before the law, and neither the pub-
lic authorities nor the State promotes or favours privileges or
discrimination against any religion, making the Romanian state
neutral from a religious point of view.26
Table 9. Definitive budget appropriations (in current prices) allocated by the State
Secretariat for Religious Affairs, 2010-2018
“There is no state religion in Romania; the state is neutral towards any religious faith
26
Graph 1.Total budget of the State Secretariat for Religious Affairs in 2018
0.06% 0.50%
26.32%
73.12%
27
Although all 18 recognized religions may request assistance for the salaries of their
clerical staff, the Baptist Church, the Seventh-Day Adventist Church, and the Jehovah’s
Witnesses do not request financial assistance.
100
6
Table 11. Distribution of the number of religious positions for which budget funds
are allocated for salaries, total positions and percentages
– 2018 –
Religious Affiliation Number of positions %
Romanian Orthodox 13,885 83.36
Reformed 790 4.74
Roman-Catholic 772 4.63
Greek-Catholic 535 3.21
Pentecostal 204 1.22
Unitarian 117 0.70
Islam 62 0.37
Christians of the Gospel 62 0.37
Old Believer 61 0.37
Evangelical Lutheran 48 0.29
Evangelical Church – Augustan Confession 47 0.28
Serbian Orthodox Church 44 0.26
Evangelical Church 10 0.06
Armenian Church 11 0.07
Judaism 8 0.05
29
The number of positions has not been increased since 2009. For an evolution in the
number of positions for which contributions of 65% and 80% of salaries were made, by
religion, in the 2006-2018 period, see Annexes 3 and 4.
102
6
Graph 2. Evolution of State support for the construction and repair of places of
worship, 2009-2018
214
176,87
148,15
119,95
105
84 85
69,2 70,3
64
million RON
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
The Jehovah’s Witnesses Religious Organization does not request financial assistance.
30
103
6
Graph 3. Evolution of the distribution of funds for salaries for all religions in the
2009-2018 period 31
588
476
341
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
See Annex 2 for the evolution of the distribution of funds for 2009-2018 salaries
31
104
6
The church may not have the same tax scheme as com-
panies that sell goods or services for profit. Both Romanian
and European legislation recognize the non-economic nature
of religions and faiths delivering religious goods and services.
Consequently, income of religions is not taxed if they are used to
support educational, cultural, and social activities, and religious
activities.
5.3. Why does the Romanian state support the construction of the
Patriarchal Cathedral?
that Bucharest is the only European capital that does not have a
representative cathedral.32
Graph 4. Evolution of the allocation of funds for the construction of 134
the Patriarchal Cathedral in 2009-2019
57
47
35 35
24
19
16
million RON
5
0
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
32
For example: Berlin – Berliner Dom; Brussels – St. Michel and St. Gudula Cathedral;
Belgrade – St. Sava Cathedral; Budapest – St. Steven’s Basilica; Lisbon – St. Mary Major
Cathedral; London - Westminster Abbey; Madrid – Almudena Cathedral (finalized in
1993); Moscow – Cathedral of Christ the Savior, the cathedral destroyed by Stalin in
1931 was rebuilt between 1994–2000; Paris – Notre Dame Cathedral; Prague – St. Vitus
Cathedral; Rome – St. Peter’s Basilica; Sofia – Alexander Nevski Cathedral; Warsaw – St.
John’s Archcathedral; Vienna – Stephansdom, et al.
108
6
Until the passage of Law no. 10/2001, the general legal regimen
for restitution of real estate belonging to religions in Romania
was regulated by Emergency government Ordinance no. 94/2000.
With the passage of Law no. 10/2001, a provision was set and
adopted for a new special normative act in this area to allow for
the speedier and proper resolution of the problem of restitution
of real estate belonging to religions in Romania. Consequently,
Law no. 501/2002 to approve Emergency government Ordinance
no. 94/2000 on the restitution of some real estate belonging to reli-
gions in Romania, brought about substantial amendments of this
latter normative act, creating a general framework for the resti-
tution of real estate belonging to religions in Romania.
According to Land Law no. 18/1991, lands that were the ob-
ject of this law were restituted to the various religions, includ-
ing the Romanian Church United with Rome, Greek Catholic. By
government Ordinance no. 466/1992, concerning the approval of
proposals by the Central Commission for the inventorying of
State properties and their restitution to the Romanian Church
United with Rome, Greek Catholic, issued based on Article 2 of
Decree-Law no. 126/1990, 80 buildings included in the Annex of
the above-mentioned ordinance were restituted.
5.6. What is the role of the State Secretariat for Religious Affairs in
supporting Romanian citizens abroad?
According to Law no. 489/2006, any person has the right to be-
long to or adopt a religion, to manifest, individually or collective-
ly, in public or private, by specific practices or rituals, including
religious education, and has the freedom to keep or change his/
her faith.
religions
religious associations
associations and foundations with religious objectives,
registered according to government Ordinance no. 26/2000 on as-
sociations and foundations.
6.1. Religions
Orthodox Patriarchate of Antioch, the Ethiopian Orthodox Church, and the Eritrean
Orthodox Church.
130
holy matrimony and obstacles thereto;
the meaning of fasting in the contemporary world;
Orthodox Church relations with the entire Christian
world.
Catholic Church
The Latin Church has been present in Romania for over a thou-
sand years. The Latin rite had a powerful presence in Transylva-
nia during the Middle Ages, as well as in other historic Romanian
provinces. The oldest Catholic Episcopate of those currently
active on Romanian territory is that of Alba Iulia, established
in the 11th century. The Roman Catholic Church of Romania is
135
organized based on the Code of Canon Law, recognized officially
by the Romanian State by government Ordinance no. 1218/2008.
The Romanian Church United with Rome, Greek Catholic, was es-
tablished in Transylvania at the end of the 17th century, a union
of some Romanian Orthodox Christians and the Catholic Church.
The Greek Catholic Church has functioned as one of the two Ro-
manian churches in Transylvania for two and a half centuries.
With the establishment of the communist regime in 1948, the
Greek Catholic Church was abolished by the Romanian State by
Decree no. 358/1948, and believers were forced to convert to Or-
thodoxy or the Latin Catholic rite. According to this same decree,
136
all its properties were taken over by the State, except its church-
es and diocesan houses, which were transferred to the Roma-
nian Orthodox Church. After the December 1989 Revolution,
one of the first measures taken by the Romanian State was the
passage of Decree-Law no. 9 of 31 December 1989, which abro-
gated Decree no. 358/1948, and officially recognized the Roma-
nian Church United with Rome, Greek Catholic. The Romanian
Church United with Rome, Greek Catholic, is organized accord-
ing to the Code of Canons of the Eastern Churches, recognized
officially by government Ordinance no. 1218/2008. According to
the Code of Canons, the Romanian Church United with Rome is
a sui juris church; it has the rank of a major archdiocese (immedi-
ately below that of the Patriarchy), and is run by the Holy Synod,
whose President is His Eminence Lucian Mureșan, ordained as a
Cardinal by Pope Benedict XVI in 2012.
The State Secretariat for Religious Affairs makes 535 clerical sal-
ary contributions for one major archbishop, 5 bishops, 3 assistant
bishops, 5 vicars general, 2 diocesan administrative vicars, 16 di-
ocesan counsellors, one diocesan inspector, 4 diocesan secretaries,
45 deans, one exarch, 12 abbots, 309 clerical positions (65% contri-
bution of base salary), and 134 clerical positions (80% contribution
of base salary).
The State Secretariat for Religious Affairs makes 790 clerical sala-
ry contributions for one bishop head of worship, 2 vicar bishops,
8 counsellors, 23 deans, 529 clerical positions (65% contribution
of base salary), and 227 clerical positions (80% contribution of
base salary).
The Evangelical Lutheran Church has the same doctrine and his-
tory as the Evangelical Church of the Augsburg Confession. Af-
ter the Great Union in 1918, the Hungarian and Slovak Lutheran
parishes in Greater Romania formed a church distinct from that
of the Transylvanian Saxons, and has remained as such until this
day.
The State Secretariat for Religious Affairs makes 117 clerical sal-
ary contributions for: one bishop head of worship, one diocesan
vicar, 4 diocesan counsellors, 6 deans, 74 clerical positions (65%
contribution of base salary), and 31 clerical positions (80% con-
tribution of base salary).
The Baptist Christian Church does not request State funding for
clerical salaries, but only support for the construction and repair
of places of worship.
149
Churches were established in a very short time in
Ploieşti, Câmpulung, Târgovişte, Rucăr, Buzău, Piteşti, Bârlad,
and Braşov. As a result of pressure from the political authori-
ties, the Christians of the Scripture united temporarily in 1939
with the Christians of the Gospel. After 1990, the Romanian
Evangelical believers split from the Christians of the Gospel,
forming the Romanian Evangelical Church.
150
6.1.14. Pentecostal Union – The Apostolic Church of God of Romania
The State Secretariat for Religious Affairs makes 204 clerical sala-
ry contributions for: one president, one union vice president, one
secretary general, 9 diocesan counsellors, 138 clerical positions
(65% contribution of base salary), and 54 clerical positions (80%
contribution of base salary).
The Adventist Church does not request financial support from the
State for clerical salaries, but only for the building and repair of
places of worship.
155
6.1.17. Islam
158
6.2. Religious Associations
The procedure for obtaining this legal status involves the reg-
istration of the religious association in the registry of religious
associations, established at the court registry in the territorial
constituency where the association has its seat. To become es-
tablished as a religious association it is necessary to obtain the
advisory opinion of the State Secretariat for Religious Affairs.
160
What organizations have received an advisory opinion from the
State Secretariat for Religious Affairs for their establishment as/
transformation to religious associations?
Societatea Creștinilor
str. Romulus nr. 67, sector 3, no. 1/30.03.2007;
1 Nouapostolici — România
București Ministry of Culture and Religious
(S.C.N.A.R.)
Affairs
Asociația „Adunările lui str. Răsăritului nr. 59, sector 6, no. 3/17.09.2007;
3
Dumnezeu din România” București Ministry of Culture and Religious
Affairs
no. 5/19.11.2007;
Asociația Adventiștilor de Ziua a str. Negoiu nr. 24, Făgăraș,
5 Ministry of Culture and Religious
Șaptea— Mișcarea de Reformă jud. Brașov
Affairs
no. 6/04.12.2007;
Asociația „Centrul Creștin Timișoara, b-dul Liviu
6 Ministry of Culture and Religious
Aletheia” Rebreanu, nr. 121, jud. Timiș
Affairsr
no. 7/04.12.2007;
Asociația „Centrul Creștin str. Munteniei nr. 30,
7 Ministry of Culture and Religious
Metanoia” Timișoara, județul Timiș
Affairs
no. 8/19.12.2007;
Asociația Religioasă Biserica str. Azurului, nr. 4, Târgu
8 Ministry of Culture and Religious
Credinței din România Mureș, județul Mureș
Affairs
no. 9/21.05.2008;
Asociația Creștină a Romilor str. Oltului nr. 2, Târgu Mureș,
9 Ministry of Culture and Religious
Betesda jud. Mureș
Affairs
161
No. Religious associations Headquarters Advisory opinion
no. 10/16.06.2008;
Asociația Religioasă Apostolică str. Soarelui, nr. 47, Pâncota,
10 Ministry of Culture and Religious
Filadelfia jud. Arad
Affairs
no. 12/29.01.2010;
Asociația Religioasa Apostolică str. Victoriei, nr.51, Târnăveni,
12 State Secretariat for Religious
„Templul Lui Dumnezeu” jud. Mureș
Affairs
no. 13/06.04.2010;
Asociația Religioasă Creștină
13 com. Deda, nr. 352, jud. Mureș State Secretariat for Religious
„Emanuel”
Affairs
no. 13b/20.05.2010;
Asociația Comunităților Baha'i bd. Magheru nr. 27, ap. 24, et.
14 State Secretariat for Religious
din România 3, sector 1, București
Affairs
No advisory opinion; by
Asociația Religioasă „Centrul str. Calea Aradului, nr. 15A,
15 Timişoara Court Decision no.
Creștin Timișoara” Timișoara, jud. Timiș
174/20.04.2007
no. 16/10.12.2010;
bd.Muncii, nr. 1, Scornicești,
17 Asociația Creștin Ecumenică State Secretariat for Religious
jud. Olt
Affairs
no. 17/10.05.2011;
Asociația Religioasă Apostolică str. Piața Gării, nr. 1, ap. 3,
18 State Secretariat for Religious
„Cetatea Sionului” Târgu Mureș, jud. Mureș
Affairs
no. 18/05.03.2013;
Asociația Biserica Apostolică a str. Marcus Aurelius nr. 70,
19 State Secretariat for Religious
Credinței în Isus Hristos IAFCJ etaj 1, Alba Iulia, jud. Alba
Affairs
no. 21/21.10.2014;
Asociația Religioasă „Locașul șos. Fundeni, biroul nr. 2,
22 State Secretariat for Religious
Duhului Sfânt” sector 2, București
Affairs
no. 22/03.12.2014;
Asociația Religioasă Apostolică str. Liviu Rebreanu nr. 1,
23 State Secretariat for Religious
Miracolul Creștin Alba Iulia, jud. Alba
Affairs
no. 23/01.09.2016;
str. Sinaia, nr. 17,
24 Asociația Religioasă Harvest State Secretariat for Religious
Arad, jud. Arad
Affairs
No. 24/11.10.2016;
Asociația Religioasă „Centrul str. Bucovinei, nr. 65,
25 State Secretariat for Religious
Creștin Exodus” Timișoara, jud. Timiș
Affairs
no. 26/27.12.2016;
„Asociația Religioasă Râul aleea Gura Câlnăului, nr. 12-
27 State Secretariat for Religious
Vieții” 22, sector 3, București
Affairs
No. 27/02.05.2017;
„Asociația Religioasă a Bisericii str. Tudor Arghezi, nr. 8,
28 State Secretariat for Religious
Lumina” Timișoara, jud. Timiș
Affairs
no. 29/25.07.2017;
Uniunea Bisericilor Penticostale str. Doina nr.19,
30 State Secretariat for Religious
Holiness- Filiala din România Oradea, jud. Bihor
Affairs
no. 30/23.11.2017
str. Izbiceni, nr. 5, sectorul 1,
31 Asociația Creștină Renovatio State Secretariat for Religious
București
Affairs
163
No. Religious associations Headquarters Advisory opinion
no. 31/12.12.2017
Asociaţia „Comunitatea jud. Sălaj, Str. Sărmaş, nr.1
32 State Secretariat for Religious
Creştină Evanghelică Harul” mun. Zalău
Affairs
no. 32/14.12.2017
State Secretariat for Religious
Asociaţia Biserica Creştină com. Fundata, str. Principală Affairs, based on the provision of
33
Ortodoxă Valahă nr. 119, jud. Braşov the High Court of Cassation and
Justice in file no. 2150/62/2015
by Decision no.3965/11.12.2017
no. 35/09.01.2019,
Str. Principală, nr. 15, comuna
Asociaţia Creștină ”Neemia”- State Secretariat for Religious
36 Brăteiu, satul Brăteiu, jud.
Brăteiu Affairs
Sibiu
164
chapter 7
Legislation Relating to Religious Life
Law no. 489 of 28 December 2006 on Religious Freedom and the Ge-
neral Status of Religions
CHAPTER I
General Provisions
Art. 1 (1) The Romanian State observes and guarantees the fun-
damental right to freedom of thought, conscience and religion for any
individual on Romanian territory, in conformity with the Romanian
Constitution and international treaties to which Romania is a party.
Art. 3 (1) Parents or guardians have the exclusive right to opt for
166
the religious education of their under-age wards, in accordance with
their own convictions.
Art. 5 (1) Any person shall have the right to manifest his/her re-
ligious beliefs collectively, in accordance with his/her own convictions
and the provisions of this Law, both within religious structures with
legal entity status and within religious structures without legal entity
status.
CHAPTER II
Religions
(3) Religions shall operate in accordance with the laws and their
own by-laws and canonical codes, whose provisions are applicable to
their own followers.
(2) Religions are equal before the law and public authorities.
The State, through its authorities, shall neither promote nor support
the granting of privileges or the institution of discrimination towards
any religion.
(3) The State shall promote citizen support for religions through
tax exemptions, and shall encourage sponsorship of religions, under
the law.
(4) Upon request, the State shall support the salaries of clerical
and non-clerical staff of recognized religions through contributions,
based on the number of their worshippers who are Romanian citizens
and based on their real needs of subsistence and activity. The State
shall grant higher contributions for the salaries of the clerical person-
nel of low-income religious units, under the rules established by law.
(7) The State shall also support the activity of recognized reli-
gions in their capacity as providers of social services.
Art. 12 The use of funds received from the State or local bud-
gets and the observance of the destination of assets received as prop-
erty or in use from local or central public authorities shall be subject
to State control.
(2) In their official relations with the authorities of the State, re-
ligions shall use the Romanian language.
Section II
Art. 19 (1) The Ministry of Culture and Religious Affairs shall sub-
mit the recognition documentation to the government within 60 days
of the date the application was filed, accompanied by its own consul-
tative opinion based on the documentation on file.
Section III
173
(2) Internal disciplinary matters are subject exclusively to by-
laws and canonical regulations.
Section IV
Art. 27 (1) Recognized religions and their units may own and ac-
quire, as property or in administration, movable assets and real estate,
of which they may dispose according to their own by-laws.
Art. 28 (1) Local religious units may have and maintain, on their
own or in association with other religions, denominational cemeteries
for their worshippers. Denominational cemeteries shall be managed
according to the regulations of the religion that owns these. The de-
nominational identity of historic cemeteries is protected by law.
Section V
Art. 32 (1) The teaching of religion in the public and private ed-
ucation system is guaranteed by law for recognized religions.
(3) By law, the State shall provide financial support for de-
nominational education.
177
CHAPTER III
Religious associations
178
- evidence from the Ministry of Justice that the chosen
name is available.
CHAPTER IV
Art. 49 (1) As of the date this Law was enacted, there are
18 fully recognized religions in Romania, as indicated in the
Appendix that constitutes an integral part of this Law.
-------------------------------
*) Law no. 489/2006 went into effect 3 days from the date
of 8 January 2007, date of its publication in Romania’s official ga-
zette Monitorul Oficial, Part I
-------------------------------
181
Framework Law no. 153/2017 of 28 June 2017 concerning the pay scale
of staff paid from public funds (extracts)
CHAPTER III
Religions
Management Staff
Level of
No. Position Base Salaries
Studies Incentive Rate
1 Priest Year 2022
2 Priest
NOTE:
Base salaries are foreseen for pay grade 0. Base salaries for pay
grades 1-5 are set according to an increase in pay grade 0 pay base ac-
cording to provisions in Art. 10 of the present law.
182
B. Compensation for management staff of recognized reli-
gions and central religious units, assimilated with that of public digni-
tary positions.
183
C. Leadership staff positions of religions and religious units,
other than those assimilated with public dignitary positions
**) According to Art. 61(2) of Law no. 2/2018 – State Budget Law
for 2018 published in Romania’s Monitorul Oficial (official gazette),
Part I, no. 4, of 3 January 2018, the number of positions for clerical staff
hired in recognized religion units in Romania that receive monthly sal-
ary support, according to provisions in Chapter III(C) in Annex I is in-
creased by two positions, or from 732 positions to 734 positions under
no. 3 of the above Table – position “secretary of the patriarchal chan-
cellery, diocesan secretary, diocesan inspector, exarch, dean.”
184
D. Clerical staff employed in units of tier-one faiths in Romania
Number of posts
that receive
No. Position Equivalent education positions
monthly salary
support
**) In Judaism
ART 1(1) The Romanian state supports those faith that are rec-
ognized according to Law no. 489/2006 on religious freedom and the
general status of religions, republished, at their request, for salaries of
clerical staff.
(2) Clerical staff that benefit from provisions of the present law
retain their status of employee of recognized religion.
185
SECTION 1
ART. 2 (1) State salary support for clerical staff who carry out
activities in the country on behalf of religions legally recognized in
Romania is determined as follows:
- clerical staff that carry out their activities in religious units re-
ceive monthly salary support worth 65% of base salary set by law for
pre-university state education staff, according to level of studies, their
professional grade, and length of time engaged in clerical activity for
Romanian recognized religions, based on equivalents.
186
(5) The number of positions set according to para. (4) will be dis-
tributed among the recognized religions, according to the number of
believers, the latest census, and real needs.
(7) The lists of religious units whose clerical staff receive month-
ly support according to para. (2), and the changes thereto, are pro-
posed by the central religious units and approved yearly by the State
Secretary for Religious Affairs.
(8) Clerical staff of religious units that obtain income from rent-
als, leasing, and concessions of properties are not eligible for provi-
sions in para. (2).
SECTION 2
(3) The purposes of the amount provided for in para. (1) is set
by the central units of recognized religions outside Romania’s borders,
with the management of those religious units, and will be used to sup-
plement salaries of clerical staff of these respective units, including for
the payment of all contributions provided for by law. The obligation to
justify the manner in which this amount is used falls on the central re-
ligious units in Romania, through submission of documents stipulated
in laws in effect.
(4) The amount provided for in para. (1) may be modified annu-
ally through the State Budget Law or laws to rectify the state budget.
ART. 7 (1) The manner in which funds allocated from the state
budget are used, according to the present law, is subject to the con-
trol of the General Secretariat of the government, through the State
Secretariat for Religious Affairs and other bodies entitled by law.
(2) The number of positions for clerical staff may be raised yearly
by state budget law.
SECTION 3
(5) The State Secretariat for Religious Affairs will approve the sup-
plementing of the number of positions for non-clerical staff employed
in units belonging to recognized religions in Romania, whose financial
support is provided according to provisions in para. (1) letter b).
190
Law no. 227/2015 of 8 September 2015 concerning the Fiscal Code
Text updated with the use of the LEX EXPERT legislative comput-
er product on the basis of modifying laws, published in the Romanian
official gazette Monitorul Oficial, Part I, by 17 May 2018.
ART. 15
(1) In the case of the following Romanian legal entities the types
of non-taxable income below are considered for the calculation of
taxes:
ART. 154
Exemptions
ART. 464
Exemptions
ART. 476
Exemptions
(1) The following are exempt from paying fees for certificates,
notices, and authorizations:
193
Government Ordinance no. 82 of 30 August 2001 regarding the establi-
shment of forms of financial support for religious units belonging to the
recognized religion communities in Romania, republished
(2) The title for the land mentioned in para. (1) will be provid-
ed free of charge to the Patriarchy of the Romanian Orthodox Church,
198
and is destined exclusively for the construction of the Architectural
Complex of the People’s Salvation Cathedral.
(3) The transfer of the land mentioned in para. (1) will take place
based on a protocol signed between the interested parties, within 30
days of the Emergency Ordinance going into effect.
(2) On that same date, Law no. 441/2004, concerning the con-
struction of the People’s Salvation Cathedral, published in Monitorul
Oficial al României, Part I, no. 1.004 of 1 November 2004, and gov-
ernment Decision no. 468/2003 concerning the transfer of state pub-
lic property to the administration of the Patriarchy of the Romanian
Orthodox Church, published in Monitorul Oficial al României, Part I,
no. 289 of 25 April 2003, with subsequent amendments, and other
contrary dispositions, are abrogated.
199
Government Decision H.G. no. 44 of 13 February 2013
ART. 1 (1) The State Secretariat for Religious Affairs will be orga-
nized and will operate as a specialized central public administration
body, a legal entity, subordinate to the government and coordinat-
ed by the Prime Minister through the Prime Minister’s Chancellery,
financed entirely by the State budget through the budget of the
Secretariat General of the government.
(2) The State Secretariat for Religious Affairs draws up and pro-
vides for the implementation of a strategy and policies in the area of
religious life.
(3) The State Secretariat for Religious Affairs has its headquar-
ters in Bucharest Municipality, 40 Nicolae Filipescu Street, Sector 2.
(2) The State Secretariat for Religious Affairs also carries out oth-
er attributes stipulated by law, as well as tasks assigned by the Prime
Minister.
ART. 12 As of the date that this ordinance goes into effect, gov-
ernment Decision no. 22/2010 on the organization and operation of
the State Secretariat for Religious Affairs, published in the official ga-
zette, Monitorul Oficial al României, Part I, no. 17 of 11 January 2010,
with subsequent changes and amendments, is abrogated.
FREQUENTLY
ASKED QUESTIONS
WHAT TYPES OF ORGANIZATIONS
ARE RECOGNIZED RELIGIONS?
The 18 religions and 36 religious associations, as well as the
over 800 associations and foundations that operate based
on government Ordinance No. 26/2000, are part of civil so-
ciety. All religious organizations in our country are non-gov-
ernmental associations, not part of public administration,
and they operate based on private law.
207
Local budget financing
208
HOW ARE THESE FUNDS
ALLOCATED, BY WHOM, AND
BASED ON WHAT PRINCIPLES?
Recognized religions determine how they spend their own
income, in accordance with the law. Income allocated by the
State budget through the State Secretariat for Religious Affairs
is distributed to the recognized religions according to the
principles of proportionality to the number of believers and
that of the real needs of the religions, in keeping with the law.
209
socio-charitable, and cultural areas, and is interested in consult-
ing as often as it deems necessary in this capacity on public pol-
icy reforms in these areas.
210
WHAT OTHER TYPES OF
RELIGIOUS ORGANIZATIONSARE
OPERATING IN ROMANIA?
Over 800 associations and foundations that also carry out
religious activities are operating freely, on the basis of gov-
ernment Ordinance No. 26/2000. These may benefit from all
advantages which the Romanian State offers non-govern-
mental organizations. Religious groups that do not have a
legal standing may function freely and carry out their public
activities according to common law. Their activities are not
restricted by public authorities.
ANNEXES
Annex 1. Situation of amounts allocated for the salaries of staff
for construction and repairs of places of worship and other activities
Of which:
YEAR Total Support for BuildinG,
salaries
repairs
1990 16,814 15,694 1,120
1991 32,661 29,231 3,430
1992 141,008 118,338 22,670
1993 629,370 575,350 54,020
1994 2,002,697 1,731,167 271,530
1995 2,705,743 2,290,452 415,291
1996 4,165,736 2,997,036 1,168,700
1997 8,809,587 7,369,437 1,440,150
1998 10,947,815 8,347,875 2,599,940
1999 26,256,196 17,188,236 9,067,960
2000 68,434,671 40,447,371 27,987,300
2001 84,285,808 67,693,308 16,592,500
2002 62,630,921 51,181,321 11,449,600
2003 94,994,803 69,316,363 25,678,440
2004 108,881,385 90,751,585 18,129,800
2005 141,890,789 111,122,500 30,768,289
2006 178,484,990 132,502,990 45,982,000
2007 314,729,598 151,298,543 163,431,055
2008 351,373,638 83,949,388 267,424,250
2009 367,700,856 261,451,356 106,249,500
2010 322,231,883 238,478,383 83,753,500
2011 321,819,440 236,012,375 85,807,065
2012 314,158,126 249,894,126 64,264,000
2013 344,843,488 275,640,988 69,202,500
2014 426,715,194 277,452,694 149,262,500
2015 464,167,780 286,199,396 177,968,384
2016 477,065,515 355,952,640 121,112,875
2017 564,008,599 492,614,865 71,393,734
2018 803,107,368 588,746 441 214,360,927
212
Annex 2. Distribution of funds for salaries, total amounts (RON):
Christians of the
802,330 845,321 936,438 951,618
Gospel
Serbian Orthodox
629,628 663,273 729,421 1,179,439
Church
213
2015 2016 2017 2018 FAITH
Christians of the
997,329 1,267,341 1,813,575 2,251,303
Gospel
Serbian Orthodox
1,239,949 1,571,732 1,249,259 1,487,043
Church
214
Annex 3. Statistical data concerning the maximum number
of positions for which the state provides salary support for clerical
staff that carries out activities in the country on behalf of the rec-
ognized religions in Romania, in the 2007-2012 period:
Serbian Orthodox 44 44 44 44 44 44
Old Believer 59 59 59 59 59 59
Islam 60 60 60 60 60 60
Armenian Church 10 10 10 10 10 10
Evangelical A.C. 47 47 47 47 47 47
Evangelical Lutheran 48 48 48 48 48 48
Judaism 5 6 7 6 7 7
Evangelical Church 12 12 12 12 12 12
215
Annex 4. Statistical data concerning the maximum number
of positions for which the state provides salary support for clerical
staff that carries out activities in the country on behalf of the rec-
ognized religions in Romania, in the 2013-2018 period:
44 44 44 44 44 44 Serbian Orthodox
59 60 61 61 61 61 Old Believer
60 60 61 61 61 62 Islam
10 10 11 11 11 11 Armenian Church
47 47 47 47 47 47 Evangelical A.C,.
48 48 48 48 48 48 Evangelical Lutheran
7 7 7 7 7 8 Judaism
12 12 12 12 12 10 Evangelical Church
216
GLOSSARY
Autonomy of religions
from the State
Under Romanian Law no. 489/2006, religious organizations may
function freely, according to their own statutes and canonical
codes, and may conduct their internal affairs without interference
from the State.
Religions
Under Romanian Law no. 489/2006, religions are public utility
and private organizations recognized as such by the State, sub-
ject to certain conditions of membership, presence on Romanian
soil, and some administrative provisions. They are considered so-
cial partners of the State, may provide religious education in pub-
lic schools, and enjoy various public funding and fiscal facilities,
largely derived from their public utility status.
Religious associations
Under Romanian Law no. 489/2006, religious associations are re-
ligious organizations recognized as such by the State, included in
the Registry of Religious Associations, (subject to administrative
and membership conditions), that receive certain fiscal facilities.
218
Religious freedom
One of the fundamental freedoms under a democratic regime,
which includes: the following: the freedom to have a religious be-
lief or non-religious conviction; the freedom to express that belief
or conviction, individually or collectively, in private and in pub-
lic, including through ritual celebrations; the freedom to educate
one’s children in the religion or conviction of one’s choice; the free-
dom to change or renounce one’s religious belief or non-religious
conviction.
Religious groups
Under Romanian Law no. 489/2006, religious communities not
having acquired a legal status as NGOs, religious associations, or
religions may function freely as religious groups, without interfer-
ence from the State.
Religious NGOs
Religious organizations functioning according to government
Decree no. 26/2000 on associations and foundations as regular
non-governmental organizations, do not benefit from any distinct
form of State recognition, or fiscal or other facilities for their spe-
cific religious activities.
Separation of
religion and State
A form of public positioning of the State as non-confessional; un-
like neutrality, it emphasizes the State’s intention of maintaining
a clear differentiation of the respective areas of action and insti-
tutional practices of public authorities and religious institutions.
219
Translator’s
Note
There are terms in the Romanian language, which are widely used
in the original Romanian version of this book, that present a chal-
lenge for translators and readers.
220
The expression “lăcaș de cult,” which originally comes from
a popular expression “a da cuiva locaș,” defined as “to receive
someone in the house; to offer refuge, to host someone,” is now
also used to refer to a holy building, such as “lăcaș sfânt” [literal-
ly “holy house” or “lăcaș dumnezeiesc” [“house of God”]. It would
normally be used to designate a church, but can also refer to the
church-like buildings in other religions or faiths, such as mosques
or temples. Because in English the word church is defined as “a
building used for public Christian worship”, the term “lăcaș de
cult” is translated in this text as “place of worship”, regardless of
the religion or faith to which it refers, unless it refers specifically to
a Christian church.
221
Bibliography
This book was put together on the basis of legislation in effect for religions/
faiths, of data from censuses and data available to the State Secretariat for Religious
Affairs, as well as other sources, with the assistance of the National Institute of
Statistics (Chapter 3), the National Authority for the Restitution of Properties, and
the Romanian Embassies in European Union countries.
Selective Bibliography:
www.culte.gov.ro – State Secretariat for Religious Affairs
www.cdep.ro – Chamber of Deputies – Romanian Parliament (legislative
documents)
www.anrp.ro – National Authority for the Restitution of Properties (data
concerning the restitution of properties belonging to religions/faiths)
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BRUSANOWSKI, Paul, Stat și Biserică în Vechea Românie între 1821-1925, Presa
Universitară Clujeană, Cluj-Napoca, 2010.
CONOVICI, Iuliana, Ortodoxia în România postcomunistă. Reconstrucția unei
identități publice, Volumul I, Eikon Cluj Napoca, 2009.
DOBRESCU, C., Casa Bisericii 1902-1919, Tipografia Cărţilor Bisericeşti,
Bucharest, 1920.
FACULTÉ DE DROIT ET DE SCIENCE POLITIQUE D’AIX-MARSEILLE, Religion,
droit et société dans l’Europe communautaire. Actes du XIIIe Colloque de l’Institut
de Droit et d’Histoire Religieux (IDHR) Aix-en-Provence, 19-20 mai 1999, Presses
Universitaires d’Aix-Marseille, Aix-en-Provence, 2000.
LEUȘTEAN, Lucian, Orthodoxy and the Cold War: Religion and Political Power
in Romania, 1947-65, Palgrave Macmillan, New York, 2009.
MARGIOTTA-BROGLIO, Francesco, MIRABELLI, Cesare, ONIDA Francesco,
Religioni e sistemi giuridici. Introduzione al diritto ecclesiastico comparato, Il Mulino,
Bologna, 2000.
MINISTERUL CULTURII ȘI CULTELOR, Viața religioasă din România, ed. a III-a,
Tipogrup Press, Buzău, 2008.
RAIU, Cătălin, Ortodoxie, postcomunism și neoliberalism, Curtea Veche
Publishing, Bucharest, 2012.
ROBBERS, Gerhard (ed.), State and Church in the European Union, Nomos,
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222
This book is an over-
view by the State Secretariat for
Religious Affairs of several is-
sues being debated in connec-
tion with the status of religion
in society, and specifically of
those religions recognized by the
Romanian State. The relation-
ship between the State and rec-
ognized religions, especially
with the Romanian Orthodox
Church, has become the focus of
some public figures, politicians,
and the media. Through our ac-
tivities, including the publication
of this work, we wish to contrib-
ute to a balanced debate based on
concrete data, legislation, and an
understanding of the historic evo-
lution of the relationship between
the State and faith organizations
in our country. We are talking
about constitutive elements of na-
tional identity, whose complexi-
ty requires an objective approach,
as an essential condition for civil,
argument-driven debate.
State Secretariat
for Religious Affairs
©2019