Court Case in Germany

by GermanXJW 17 Replies latest watchtower scandals

  • GermanXJW
    GermanXJW

    The decision is now valid: http://jw-media.org/newsroom/index.htm?content=/region/europe/germany/english/releases/religious_freedom/ger_e060217.htm

    For Immediate Release
    February 17, 2006
    Printable Version

    Federal Administrative Court grants long-awaited recognition to Jehovah’s Witnesses in Germany

    The Land (State) of Berlin has now recognized Jehovah’s Witnesses as a public corporation. With its decision (Ref 7B80.05 of 02/01/2006) published February 10, the Federal Administrative Court upheld the corresponding judgment of the Higher Administrative Court of Berlin.

    This is the third time that the Federal Administrative Court has ruled on this aspect of the status of Jehovah’s Witnesses. The negative decision of the Federal Administrative Court in 1997, which followed the positive decision of the Higher Administrative Court of Berlin on December 14, 1995, made it necessary to appeal to the Federal Constitutional Court. In the year 2000, the Federal Constitutional Court decided in favor of Jehovah’s Witnesses again and sent the case back for review. On the basis of the guidelines then issued by the Federal Administrative Court, the Higher Administrative Court of Berlin pronounced the judgment in 2005 that has now legally come into force.

    It became necessary for the Federal Administrative Court to deal with this case again because the Land (State) of Berlin had lodged a complaint against the stipulation that did not allow admission of a further appeal.

    With this decision, the Federal Administrative Court makes clear that the Higher Administrative Court of Berlin has indeed conclusively established the prerequisites for granting Jehovah’s Witnesses the legal status applied for. The Religious Association is said to guarantee fidelity to legal norms. This decision was made by the Higher Administrative Court after thorough examination of all available sources of information. It requested, for example, additional documentation from the Land (State) of Berlin as well as from the plaintiff religious association. The Higher Administrative Court of Berlin did not base its decision merely on the presentation of the parties involved, but it fulfilled its obligation to obtain its own information. Questioning of additional witnesses beyond this was not necessary.

    For more than 100 years Jehovah’s Witnesses have existed in Germany uncontested—apart from being persecuted by the Nazi regime and being placed under ban in the former German Democratic Republic.
    The latest decision of the court to recognize the status of Jehovah’s Witnesses was welcomed by Werner Rudtke (65), spokesperson for the group. He said: “We are relieved that now, after 15 years of uncertainty, our legal status has been clarified in our favor. This clearly proves that we meet the prerequisites for obtaining the status of a public corporation. Our main interest has always been and remains the evangelizing work as commanded personally by God’s Son, Jesus Christ.”—Matthew 24:14; 28:19, 20.

    Germany/Europe media contact: Walter Köbe 011 06483 413111
    Other media contact: J. Richard Brown, telephone: (718) 560-5600

  • GermanXJW
    GermanXJW

    The WTS has now been granted the official certificate.They are now equal to the churches - at least in the land of Berlin. They have to apply in the remaining 15 lands of the federal republic of Germany. But since they succeeded in Berlin after going to court for 15 years this should not be any barrier.

    On the pic from the official WT-website you see Werner Rudtke (JW-speaker) given the certificate by State Secretary Barbara Kisseler.

  • GermanXJW
    GermanXJW

    In Germany, we are currently having discussions about the future of the public health system. The health insurance funds reject some of the recent decisions of the government. Klaus Vater, spokesman of the Ministry of Health states that those funds do not have any room for rejection because as Public Bodies they are also part of the state (not as part of the parlament, but in a wider sense).


    Well, Public Body is the legal form that Health Insurance Funds and Jehovah's Witnesses have now in common.


    So, now JW are officially part of the state in Germany.

  • GermanXJW
    GermanXJW

    The funny thing about this is: in the 1960s, the German WTS-branch went to court because they did not want to pay Value-Addes-Tax (VAT).

    The court said to avoid this tax JW could register as a public body (the very status they now gained after more than 10 years before courts.)

    The JW replied they would not consider this status because it was against their belief "to ask a secular authoritiy to grant them a status that gives them rights the congregation already had been granted by God from the very beginning."

    The whole court transcript from 1965 is online at a legal, non-religious website: http://www.oefre.unibe.ch/law/dfr/bv019129.html

    It is in German but maybe Google helps a little: http://translate.google.com/translate?u=http%3A%2F%2Fwww.oefre.unibe.ch%2Flaw%2Fdfr%2Fbv019129.html&langpair=de%7Cen&hl=de&ie=UTF-8&oe=UTF-8&prev=%2Flanguage_tools

  • dust
    dust

    GermanXJW,
    Could you provide us with a link to a report in any online newspaper about Klaus Vater and what he said? I'd be happy to read it in German, and plan to mention it to my JW father-in-law, who knows that I'm concerned with things happening in Germany. Thanks.

  • GermanXJW
    GermanXJW
    Could you provide us with a link to a report in any online newspaper about Klaus Vater and what he said?

    http://www.ftd.de/politik/deutschland/97142.html

  • Dansk
    Dansk

    HI GXJW:

    They said most cults are not dangerous to the state but to individuals.

    But isn't the state made up of individuals! Sheesh, don't they know about the child molestation, UN fiasco (where Watchtower lied through their back teeth! Come to think of it, they're ALWAYS lying through their back teeth!!), shunning, family break-ups, etc.

    Hope to see you next year at another BBQ!

    Ian

  • JWdaughter
    JWdaughter

    Does it strike anyone as kind of funny that the WTS is so hell bent on getting official recognition of their own status, as part of a state(government)while they forbade the Malawi JWs from getting an ID card? Because it might indicate that they had some allegience to the state(govt)? I know its simplistic, but isn't that what it comes down to?

    Anyone else remember Malawi?

    Shelly

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