Act on Relations between the State and Public-Law Recognized Churches (LREEDP) - Scope of Application (LREEDP)

1. This law governs the relations between the State and the Churches recognized as public law institutions by the cantonal Constitution (hereinafter: Cst-VD [A]), namely the Evangelical Reformed Church of the Canton of Vaud (hereinafter: EERV) and the Roman Catholic Church, through the Roman Catholic Ecclesiastical Federation of the Canton of Vaud (hereinafter: FEDEC-VD).

1. The EERV and the FEDEC-VD are recognized in their own constitution and organization.

1. The EERV and the FEDEC-VD are public law institutions endowed with legal personality (Art. 170, para. 1 Cst-VD [A]).

1. Within the limits set by law, Churches organize and manage their resources and property freely.

1. Each Church is governed by its own law [B] (Art. 172, para. 1 Const-VD [A]).

1. Each Church shall establish a general organizational regulation that determines, in particular, the rules regarding the composition and functioning of the bodies, as well as their competencies.

2. This regulation and its amendments can only enter into force after a review by the Council of State, which verifies their legality.

1. The Churches exercise their mission in the service of all within the meaning of Article 170, paragraph 2 Cst-VD [A].

2. Within the scope of their competences, they exercise this mission in the following areas

- community and worship life;

- health and solidarity;

- communication and dialogue;

- education and support.

3. The Churches participate in interreligious dialogue.

1. In each of the areas listed in Article 7, the mission in the service of all is carried out through missions undertaken by each Church separately and missions conducted jointly by the Churches, possibly with the assistance of recognized communities.

1. The State and the municipalities consult with the Churches on any project that concerns them.

1. The EERV and FEDEC-VD, respectively their parishes, receive checks from the inhabitants of the municipalities or from the Cantonal Register of Persons, data extractions of persons who have declared themselves as belonging to the Protestant confession or the Roman Catholic confession, and who have authorized the transmission of this data, in accordance with the modalities provided by the Vaud law implementing the federal law on the harmonization of registers [C] and the law on the control of inhabitants [D].

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4. The EERV, the FEDEC-VD, respectively their parishes, are required to regularly update their files in accordance with the data communicated to them according to paragraph 1 above.

1. Churches May Operate Computer Files. The legislation on computer files and personal data protection [E] is applicable by analogy.

1. Tax Exemption for Churches is Governed by Cantonal [F] and Federal [G] Tax Legislation. The same exemptions apply to parishes and non-profit legal entities that, with altruistic purposes, assist Churches in fulfilling their duties.

1. The State provides the Churches with the necessary means to fulfill their mission in the service of all within the canton (Art. 170, para. 2 Cst-VD [A]).

2. These means are granted in the form of a subsidy provided under an agreement signed between the State and each of the Churches.

1. Churches provide all information necessary for the establishment of the subsidy agreement.

1. The agreement notably contains the following elements

a. the description and terms of exercise of the mission in the service of all as defined in articles 7 and 8;

b. the description of the means necessary for the exercise of this mission, as well as the bases for the subsidy granted to each Church and to missions exercised in common;

c. the elements allowing for the monitoring of the evolution of the missions;

d. the amount of the subsidy;

e. the terms of payment of the subsidy;

f. a potential indexation clause for inflation.

2. The agreement may also provide that a portion of the subsidy paid will be reallocated by the Churches to non-profit legal entities which, for altruistic purposes, assist them in the fulfillment of their missions.

1. The grant agreement is concluded for a duration of five years and is renewable.

1. In the absence of a subsidy agreement, the State determines the amount, terms of use, and distribution of the subsidy.

1. The Churches enter into an implementation agreement for the subsidy concerning the missions undertaken jointly.

2. The Council of State ratifies the agreement signed by the two Churches.

3. In the absence of an implementation agreement between the Churches, Article 29 of this law is applicable.

1. The State gives priority to making the parsonages it owns available to the EERV. They may alternatively be made available to the FEDEC-VD.

2. A regulation [H] sets the conditions for the use of the parsonages.

3. The renunciation of making parsonages available does not entail any financial compensation from the State.

1. The State makes the places of worship that it owns available to the EERV.

2. It also makes the places of worship that it owns available to the FEDEC-VD in the municipalities mentioned in Article 179, number 8 of the Cst-VD [A].

3. Regulations establish the conditions for the use of these places of worship.

1. The services provided by the municipalities for each of the Churches shall, in principle, be determined by an agreement concluded between the parish and the municipalities that compose it.

2. In the absence of an agreement, Articles 22 to 24 of the present law shall apply.

1. The municipalities make the places of worship that they own available to the EERV.

2. Any meeting or use other than those organized by the parish council in a place designated for worship is subject to the authorization of this council or the competent ecclesiastical authority, and that of the municipal authority.

3. The municipalities referred to in article 179, number 8 Cst-VD [A] also make the places of worship that they own available to the FEDEC-VD.

4. The municipalities may, after consulting the EERV, and, if applicable, the FEDEC-VD, allocate these places of worship to other users, insofar as they are no longer necessary for them.

1. The municipalities cover the necessary operating and routine maintenance costs of the places of worship used by the EERV and the FEDEC-VD.

2. They are responsible for the major maintenance required for the places of worship mentioned in the first paragraph after consultation with the concerned parishes.

3. They provide for the supply and maintenance of the furniture and equipment necessary for worship.

1. Municipalities maintain premises intended for catechism and provide for their furnishing and heating.

2. If necessary, they make them available to Churches.

3. They remunerate church musicians and concierges.

1. The department in charge of religious affairs (hereinafter: the department) [I] ensures the monitoring and control of the implementation of the subsidy agreement.

1. Within six months following the end of the calendar year, the Churches shall submit to the department

a. their accounts;

b. a report on the execution of their mission in the service of all.

2. The department may, at any time, request any other useful document.

1. The State may reduce the grant or demand its reimbursement when

a. the beneficiary does not use the grant in a manner consistent with its intended purpose;

b. the beneficiary fails to accomplish the subsidized task;

c. the conditions or charges to which the grant is subject are not respected;

d. the grant was unduly awarded, whether on the basis of inaccurate or incomplete declarations or in violation of the law.

2. Amendments to the Subsidies Act [J] concerning the reduction of the grant within the meaning of its Article 29 do not apply for the duration of the current agreement.

1. The municipalities annually transmit to the department the statistics concerning the declared confession of the persons residing in their territory.

1. An arbitral tribunal designated by the Churches shall resolve any disputes that may arise between them regarding the application of the execution agreement.

1. By way of derogation from Article 16, the first grant agreement is concluded for a duration of 2 years.

1. This law shall enter into force on January 1, 2007.

1. The Council of State is responsible for the execution of the present law. It shall publish the text in accordance with Article 84, paragraph 1, letter a) of the cantonal Constitution and shall enact it, by decree, in accordance with Article 31 above.