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2005-09-28 - Constitutional Council, n. 148/2005

State support · Belgium · Faith-Based Organisation · Public funding

Constitutionality of Act organizing Muslim faith group and its related funding

Key facts of the case - The Act of 24 July 2004 created a Commission which must renew the representatives of Muslim religion. The goal was to reinforce the application of Article 181 of the Constitution pertaining to funding of religious leaders of recognized religions and to give a structure to Muslim religion.

Main reasoning of the Court - The Constitutional Court judges the Act to be constitutional because it concerns only material aspects of religion (organization, structure...) and not spiritual aspects. So, the Court refuses to nullify the Act.