Legislator Case Law & Legislation
160.3 CH-OW

Church Organisation of the Evangelical Reformed Parish of Engelberg - Name

29 Articles / Provisions · Switzerland · Canton of Obwalden
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Table of Provisions (29)

Art. 1 Church Organization of the Evangelical Reformed Parish of Engelberg Art. 2 Church Organization of the Evangelical Reformed Parish of Engelberg - Foundation Art. 3 Church Organization of the Evangelical Reformed Parish of Engelberg - Legal Character Art. 4 Church Organization of the Evangelical Reformed Church Community Engelberg - Territory and Seat Art. 5 Church Organization of the Evangelical Reformed Church Community Engelberg Art. 6 Church Organization of the Evangelical Reformed Church Community Engelberg Art. 7 Church Organization of the Evangelical Reformed Parish of Engelberg - Ecumenism Art. 8 Church Organization of the Evangelical Reformed Church Community Engelberg - Membership Art. 9 Church Organization of the Evangelical Reformed Church Community of Engelberg - Voting and Election Rights Art. 10 Church Organization of the Evangelical Reformed Parish Church of Engelberg - Loss of Voting and Electoral Rights Art. 11 Church Organization of the Evangelical Reformed Parish of Engelberg - Incompatibility Art. 12 Church Organization of the Evangelical Reformed Parish of Engelberg - Duties of the Members Art. 13 Church Organization of the Evangelical Reformed Parish of Engelberg - Right of Initiative Art. 15 Church Organization of the Evangelical Reformed Parish of Engelberg - Right of Appeal Art. 16 Church Organization of the Evangelical Reformed Parish of Engelberg Art. 17 Church Organization of the Evangelical Reformed Parish of Engelberg Art. 18 Church Organization of the Evangelical Reformed Church Community of Engelberg Art. 19 Church Organization of the Evangelical Reformed Church Community Engelberg - Proceedings Art. 20 Church Organization of the Evangelical Reformed Parish of Engelberg - Powers Art. 21 Church Organization of the Evangelical Reformed Parish of Engelberg Art. 22 Church Organization of the Evangelical Reformed Church Community Engelberg Art. 24 Church Organization of the Evangelical Reformed Church Congregation Engelberg Art. 25 Church Organization of the Evangelical Reformed Parish of Engelberg - Parish Council President; Jurisdiction Art. 26 Church Organization of the Evangelical Reformed Congregation of Engelberg - Audit Commission Art. 27 Organization of the Church of the Evangelical Reformed Parish of Engelberg - Pastorate Art. 27a Church Organization of the Evangelical Reformed Parish of Engelberg - Re-election Art. 27b Church Organization of the Evangelical Reformed Parish of Engelberg - Duties of the Pastor Art. 27c Church Organization of the Evangelical Reformed Parish of Engelberg Art. 28 Church Organization of the Evangelical Reformed Parish of Engelberg

Statutory Text (29 Articles)

General Provisions

1. Under the name "Evangelical Reformed Parish of Engelberg," hereinafter referred to as the "Parish," there exists a religious community established on December 11, 1960, in accordance with the provisions of Article 60 et seq. of the Swiss Civil Code.

General Provisions

1. The Evangelical Reformed Church Community is founded as a church based on the Word of God attested in the Holy Scriptures of the Old and New Testaments. It acknowledges this as the sole source and guideline for its preaching, faith, and life, with the understanding of the necessity for constant self-examination.

General Provisions

1. With the approval of the present church organization by the Cantonal Council of the Canton of Obwalden, the parish is constituted as a public-law corporation in accordance with the Cantonal Constitution of May 19, 1968.

2. Any amendment or new version of the church organization requires approval by the Cantonal Council.

3. The parish independently and conclusively regulates and manages its internal affairs through parish resolutions and decisions of the parish council.

General Provisions

1. The area of the church parish comprises the area of the municipality of Engelberg.

2. Its seat is in Engelberg.

General Provisions

1. A cantonal church congregation association with the Evangelical Reformed Church Congregation of Obwalden can be established in accordance with Art. 101 para. 3 and Art. 106 para. 2 of the Cantonal Constitution. The establishment of such a cantonal church congregation association and its organizational statute require the resolutions of both church congregation assemblies and must be submitted to the Council of State for notification.

General Provisions

1. The church community identifies itself with the people's churches that emerged from the Reformation and were renewed based on the Holy Scripture.

2. The church community, as a member of the cantonal church community association or a regional grouping, is a member of the Swiss Evangelical Church Federation and is thus connected with the Community of Protestant Churches in Europe (Leuenberg Church Fellowship) and the churches of the World Communion of Reformed Churches and the World Council of Churches.

3. The church community fosters collaboration with the Evangelical Reformed churches in Central Switzerland.

General Provisions

1. As a member of the one Church of Jesus Christ, the parish is open in an ecumenical spirit and ready for dialogue and cooperation with other churches and Christian communities.

General Provisions

1. Members of the parish community are all Protestants residing within its territory, unless they have expressly declared their non-affiliation or withdrawal.

2. A declaration of non-affiliation with the parish community or withdrawal from it must be submitted in writing to the parish council.

3. Collective withdrawals are not permitted.

4. A withdrawal becomes effective at the end of the calendar year in which it is declared.

5. Individuals who wish to join the parish community or transfer from another religious community may be admitted by the parish council upon written application, after consulting with the pastor.

6. For individuals under 16 years of age, decisions regarding non-affiliation, admission, or withdrawal are made by the holder of parental or guardianship authority.

General Provisions

1. All male and female members of the congregation who possess Swiss citizenship, have reached the age of sixteen, and have resided continuously in the parish area for at least three months are eligible to vote and be elected.

2. Congregation members of foreign nationality and stateless persons acquire the same voting and election rights after a continuous residence of one year in the parish area.

General Provisions

1. The Church Congregational Council decides in each individual case, in accordance with the understanding of the evangelical community and with careful examination and consideration of all circumstances, whether members of the church congregation who have lost their political voting rights due to incapacitation can continue to exercise their voting and electoral rights within the church congregation. An appeal against the decision of the Church Congregational Council is not possible.

General Provisions

1. Persons Ineligible for Simultaneous Membership

1. Individuals who are related by blood or marriage in a direct line or up to and including the third degree of the collateral line;

2. Spouses or spouses of siblings.

2. In case of resignation due to kinship, the decision shall, if necessary, be made by drawing lots.

General Provisions

1. All members of the parish community are called upon to actively participate in church life and, provided they are eligible, to assume specific offices and functions.

2. No one can be compelled to take on a church office against their expressed will.

3.

4. Whoever has assumed an office is obligated to perform the tasks entrusted to them to the best of their knowledge and conscience.

General Provisions

1. Every voting member of the congregation is entitled at any time to pose questions to the church council and to submit motions on matters falling within the jurisdiction of the congregation assembly, either in the form of a general suggestion or a fully developed proposal. The church council must present such motions for a vote within one year. If a general suggestion is adopted as a resolution, the congregation assembly must be presented with a fully developed proposal within one year.

2. Motions must relate to a single subject matter only and must include a justification.

General Provisions

1. An appeal against resolutions of the Church Council or the Church Assembly can be filed with the Government Council within twenty days.

2. In the case of a violation of private rights, the ordinary civil legal process is reserved.

Structure of the Church Congregation

1. Parish Assembly, Parish Council, Parish President, and Auditing Commission constitute the bodies of the Parish Community.

Structure of the Parish Community - The Parish Assembly

1. The supreme body of the parish is the parish assembly. It consists of all members of the congregation eligible to vote.

2. The regular parish assembly convenes once a year in the spring, by the end of June at the latest.

3. Extraordinary parish assemblies are to be conducted as often as the parish council decides or when 20 percent of the eligible voters request this in writing, stating the matters to be addressed.

4. In the latter case, the parish assembly must be conducted within three months of receiving the request.

Structure of the Church Congregation - The Church Congregation Assembly

1. The church council is required to invite the eligible voting members to both regular and extraordinary parish meetings at least one week in advance, specifying the location, time, and agenda. This invitation must be made through a circular and published in the Engelberger Anzeiger.

Structure of the Church Congregation - The Church Congregation Assembly

1. The provisions of the cantonal legislation shall apply mutatis mutandis to the proceedings of the parish assembly.

2. Motions regarding items not listed on the agenda can only be referred to the parish council for examination and reporting by majority decision.

3. In elections and votes, the absolute majority of votes decides.

Structure of the Church Congregation - The Church Congregation Assembly

1. Within the Jurisdiction of the Parish Assembly Fall

1. Election of the vote counters;

2. Determination of the number of members in the parish council, ranging from five to nine members;

3. Election of the pastor for a term of four years; subject to Article 28;

4. Election of the members of the parish council and the audit commission for a term of four years;

5. Election of the president and vice-president of the parish council for a term of one year;

6. Issuance and amendment of the church organization, subject to approval by the cantonal council (Art. 4 para. 3 of the cantonal constitution);

7. *

8. Issuance of generally binding regulations, subject to approval by the governmental council (Art. 89 para. 3 of the cantonal constitution);

9. Approval of the contract concerning the pastoral care of the parish according to Art. 27;

10. * Decision-making in matters of membership in supra-municipal church organizations and agreements;

11. * Decision-making to discuss and vote on memberships that exist or are to be established within the framework of a parish association in accordance with Art. 5 of the church organization, together with the Evangelical-Reformed Parish of Obwalden in supra-cantonal organizations and agreements;

12. * Acceptance of the annual report from the parish council;

13. * Approval of the parish accounts, fund accounts, and budget;

14. * Decision-making on proposals from the parish council and parish members eligible to vote.

Structure of the Parish - The Parish Council

1. The Church Council shall consist of at least five and no more than nine members. The pastor is an ex officio member but cannot hold the office of president or vice president.

Structure of the Church Congregation - The Church Council

1. The Church Parish Council may delegate specific tasks to a secretariat within the scope of its powers pursuant to Article 24. The holder of the secretariat has the right to submit motions and an advisory vote at the meetings of the Church Parish Council.

Structure of the Parish - The Parish Council

1. The Responsibilities of the Church Congregation Council

1. In collaboration with the pastor, responsibility for the development of the church congregation;

2. Supporting the pastor in all his duties, particularly participating in the celebration of the Holy Communion;

3. Making decisions regarding the order of services, the official acts of church education, and other church events;

4. Making decisions on the collection and use of offerings;

5. Making decisions regarding the appointment and compensation of a secretariat pursuant to Art. 22;

6. Approval of the minutes of the church congregation assembly;

7. Execution of the resolutions of the church congregation assembly;

8. Preparation of proposals for the church congregation assembly;

9. Preparation of the budget estimate for the church congregation assembly;

10. Approval of the church congregation account and the fund account for the church congregation assembly;

11. Making decisions on one-time expenditures up to a total amount of ten percent and annually recurring ones up to two percent of the budget estimate;

12. Supervision of the management of the church congregation's and fund's assets and making decisions on asset investment;

13. Supervision of the church congregation's properties;

14. Supervision of the church congregation archive and the pastoral registers;

15. Issuance of the necessary internal regulations for the administration of the church congregation;

16. Election of church employees and the conclusion of employment contracts with them;

17. Supervision of the duties of the pastor and the church employees.

**Structure of the Church Community - The Church Council President**

1. The President of the Church Council is also the President of the Church Congregation. He represents the congregation internally and externally.

2. He, or in the event of his inability, the Vice President, and after him the longest-serving member of the Church Council, presides over the Church Congregation Assembly and the meetings of the Church Council.

3. He oversees the execution of the decisions of the Church Council.

4. He decides on discretionary, one-time expenditures for the same purpose up to CHF 500.-.

Structure of the Parish - The Audit Commission

1. The Audit Commission shall consist of two to three members who must not belong to the Church Council.

2. It is responsible for the examination of the church community and fund accounts and for submitting proposals regarding them to the church community assembly.

The Parish Office

1. As long as the requirements for establishing an independent parish office in full-time are not met, the pastoral care of the parish may be ensured through an agreement with another Evangelical Reformed parish or with a pastor.

2. The pastoral agreement is subject to approval by the parish assembly in accordance with Art. 20 No. 9.

3. The eligibility for election as a pastor is governed by the provisions of the "Concordat concerning the education and mutual admission of Evangelical Reformed female and male pastors into church service."

The Parish Office

**1. After the expiration of a four-year term of office, the pastor is subject to periodic re-election. The election date for re-election will be announced by the church council at least six months in advance. An election will only take place if it is decided by the church council at least three months before the announced election date or if it is requested in writing by ten percent of the eligible voters within the same period. Otherwise, the church council declares the pastor re-elected by silent vote and cancels the scheduled election.**

**2. If an election must be conducted according to these provisions, it shall be held secretly.**

The Parish Office

1. The pastor is responsible for worship services, baptism, and communion, conducts church weddings and funerals, provides religious education, and serves as the spiritual advisor for the congregation.

2. He maintains the church registers.

3. Acts that would cause him severe moral conflict may be declined after consulting with the president of the church council.

The Pastoral Office

1. The disciplinary authority of the church council over the pastor is governed mutatis mutandis by the provisions of the cantonal constitution and legislation.

Transitional and Final Provisions

1. This church organization shall come into effect upon approval by the Cantonal Council.

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