Page 197 - 《客語及少數族群語言政策》附錄_少數語言法律

2022/4/28 下午 4:50 Gesetz über die Ausgestaltung der Rechte der Sorben/Wenden im Land Brandenburg (Sorben/Wenden-Gesetz - SWG)
Sorbian/Wendish associations and societies.

(2) The recognition of an umbrella organization of the Sorbian/Wendish associations and societies
shall be granted by the Ministry responsible for Sorbian/Wendish affairs after hearing the Council for

Sorbian/Wendish Affairs at the Landtag, if an association

1. according to its statutes promotes the interests of the Sorbian/Wendish people not only

temporarily,

2. has existed for at least three years at the time of recognition and has been active in the sense

of No. 1 during this period,

3. and offers the guarantee of proper task fulfillment; the nature and scope of its previous

activities, the circle of members, a democratic internal structure as well as the performance
capacity of the association shall be taken into account, and

4. is exempt from corporation tax due to the pursuit of charitable purposes pursuant to Section 5
(1) No. 9 of the Corporation Tax Act.

(3) An association recognized in accordance with paragraph 2 may, without having its rights
infringed, lodge appeals in accordance with the Administrative Court Code against measures taken
by the Land or a local authority or against their omission if it is asserted that the measure or its
omission is in conflict with provisions of Land law establishing rights of the Sorbian/Wendish people
or of Sorbs/Wends. Insofar as a Sorbe/Wende himself/herself can or could have pursued his/her

rights by means of an action, legal remedies pursuant to sentence 1 shall be inadmissible.

§ 5
Council for Sorbs/Wends Affairs at the State Parliament

(1) A Council for Sorbs/Wends Affairs is elected for the duration of each legislative period of the
Landtag. It consists of five members. The members of the Council elected under paragraph 2 shall
be appointed to office by the President of the Landtag. Until the appointment of the Council for
Sorbs/Wends Affairs, its tasks shall be performed by the previous Council.

(2) The umbrella organizations pursuant to § 4a shall jointly organize a free, equal, secret and direct
election of the council members and shall appoint an election committee which shall elect an
election officer from among its members. All Sorbs/Wends eligible to vote in the state according to

the Brandenburg State Election Law are eligible to vote. The fulfillment of the requirements
according to sentence 2 is expressed by the application for registration in the electoral roll. The
electoral roll shall be maintained by an office to be jointly designated by the umbrella associations
pursuant to § 4a within one of their offices. Election proposals can be submitted to the election

officer by associations and organizations that profess Sorbian/Wendish goals in their statutes. All
Sorbs/Wends who are registered in the electoral roll for the election of the Council for Sorbs/Wends
Affairs at the Landtag and who have reached the age of eighteen are eligible to vote.
Those who have registered on the electoral roll may exercise their voting rights by absentee ballot.

The election committee determines the election result. The five candidates with the most votes are
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