ABSTRACT
This chapter explores a mode of simultaneous decision-making aiming at one single result anchored in both legal orders affected, as proposed by Austrian law. Throughout the variety of rules in Germany the decision-making power is attached rather either to one or to the other side that is to state or religious authorities. Section 5(4) leg. cit. applies to monuments and their accessories which are dedicated to divine service and are owned by a legally recognised religious society or one of its bodies. A legally recognised religious society is a special legal form of religious community, recognised by the state and vested with legal personality of public law. In some lands and pursuant to their corresponding contracts with the state, the Catholic Church and the Lutheran Church are vested with the decision-making competence after consultation with the state authorities, as is the case according to section 29(1) of Hessian Cultural Heritage Protection Act.
