In: International law reports, Band 17, S. 116-117
ISSN: 2633-707X
Treaties — Special Kinds of — Concordats.Treaties — Operation of — Concordats.116Holy See — Concordat between Holy See and Germany — Provisions of Concordat as Part of German Municipal Law — Right of Priest to Refuse Testimony — Equality of Rights as between Catholic and Protestant Clergy.
The main thesis of the article is that the Polish concordat of 1993 has led to the sustainable and successful settlement of the state‑Church relations in Poland. Author claims that it has also provided a model solution for the concordat‑related matters in the postcommunist Europe. The passing time has confirmed its usefulness so the Polish concordat may be properly referred to as an example of modern, functional and lasting documents of the international law.
In the history of relations between the Argentinean government and the Holy See, two ideas are permanently intertwined: signing the Concordat and defending national patronage. The changes that occurred in the 1960s indicated that exercising the right of patronage, based on the principles outlined in the Constitution, was impossible, and the peaceful establishment of the principles of bilateral relations could only be indicated through an international agreement. The Concordat signed by Argentina in 1966 removed the national patronage, but the changes to the content of the Constitution were introduced only in 1994. The aim of the study is to show the concordat agreement concluded in 1966 by Argentina with the Holy See as an example of an international agreement. The main focus is the presentation of concordat standards for the institution of patronage. Due to the subject and purpose of the study, the work uses methods typical of social sciences in the legal science discipline. The dogmatic-legal method is the basis for consideration of the Concordat as a source of Argentine law, and as an auxiliary method, the historical-legal method was used to show the historical background of the presented issue.
In the history of relations between the Argentinean government and the Holy See, two ideas are permanently intertwined: signing the Concordat and defending national patronage. The changes that occurred in the 1960s indicated that exercising the right of patronage, based on the principles outlined in the Constitution, was impossible, and the peaceful establishment of the principles of bilateral relations could only be indicated through an international agreement. The Concordat signed by Argentina in 1966 removed the national patronage, but the changes to the content of the Constitution were introduced only in 1994. The aim of the study is to show the concordat agreement concluded in 1966 by Argentina with the Holy See as an example of an international agreement. The main focus is the presentation of concordat standards for the institution of patronage. Due to the subject and purpose of the study, the work uses methods typical of social sciences in the legal science discipline. The dogmatic-legal method is the basis for consideration of the Concordat as a source of Argentine law, and as an auxiliary method, the historical-legal method was used to show the historical background of the presented issue.
In the history of relations between the Argentinean government and the Holy See, two ideas are permanently intertwined: signing the Concordat and defending national patronage. The changes that occurred in the 1960s indicated that exercising the right of patronage, based on the principles outlined in the Constitution, was impossible, and the peaceful establishment of the principles of bilateral relations could only be indicated through an international agreement. The Concordat signed by Argentina in 1966 removed the national patronage, but the changes to the content of the Constitution were introduced only in 1994. The aim of the study is to show the concordat agreement concluded in 1966 by Argentina with the Holy See as an example of an international agreement. The main focus is the presentation of concordat standards for the institution of patronage. Due to the subject and purpose of the study, the work uses methods typical of social sciences in the legal science discipline. The dogmatic-legal method is the basis for consideration of the Concordat as a source of Argentine law, and as an auxiliary method, the historical-legal method was used to show the historical background of the presented issue.
It is said that the entrepreneur and the creditor, whose financial situation has been corrupted without their own defect, make a deal under a certain plan. With the law no. 7101, many companies applied to the concordat which is thought to increase its functionality. The debtors, who came to the brink of bankruptcy with bankruptcy, are brought back to the economy and efforts are made to ensure sustainability in the national economy. In the scope of the study, the concordat application, which replaced the postponement of bankruptcy, the operation of the concordat process and the conclusions in the context of public receivables will be mentioned.
The conclusion of the Concordat between the Holy See and the Republic of Poland on July 28, 1993 was undoubtedly an important event in the recent history of the mutual relations between the Polish state and the Catholic Church. However, due to the political disputes, the process of ratification of this international agreement was significantly delayed. The present paper discusses one element of this process, that is, the debate that was held at the sitting of the Sejm Committee for Foreign Affairs on 16 December, 1997. The debate concerned, among other things, the legislative procedure for ratification of the Concordat and the issue of including the Government's interpretive declaration of 15 April, 1997 in the ratification act. As a result of the work undertaken by the Committee, the draft ratification act was submitted to the Sejm and subsequently adopted on 8 January, 1998. The Concordat was ratified on 23 February, 1998. ; Podpisanie w dniu 28 lipca 1993 r. Konkordatu między Stolicą Apostolską a Rzecząpospolitą Polską było ważnym wydarzeniem w najnowszej historii wzajemnych stosunków Państwa polskiego i Kościoła Katolickiego. Spory polityczne sprawiły jednak, że proces ratyfikacji tej umowy międzynarodowej znacząco przeciągnął się w czasie. W niniejszym opracowaniu przedstawiony został jeden z elementów tego procesu, a mianowicie debata przeprowadzona w trakcie obrad sejmowej Komisji Spraw Zagranicznych, jaka odbyła się 16 grudnia 1997 r. W jej trakcie poruszone zostały kwestie dotyczące trybu uchwalenia ustawy ratyfikacyjnej oraz włączenia do niej deklaracji interpretacyjnej Rządu RP z dnia 15 kwietnia 1997 r. W wyniku prac Komisji do Sejmu skierowany został projekt ustawy ratyfikacyjnej, którą uchwalono 8 stycznia 1998 r. Ratyfikacja Konkordatu nastąpiła w dniu 23 lutego 1998 r.
Although it is generally believed that the Treaty of Westphalia in 1648 was the beginning of the international system of nation-states, the author argues that the system began with the competition between the Holy Roman Empire & the kings of France & England. This led to the 1122 Concordat of Worms. To make this point, the author reviews the treaty of Westphalia that affirmed the elements of sovereignty & explores how these elements were part of the competition between the Catholic church & kings in the appointment of bishops. The Investiture Struggle ended with the establishment of property rights that fit with sovereign territory & placed the kings in a new trusteeship role in that territory. With the right to property came a new competition that brought growth & new political institutions. The Concordat of Worms gave kings the right to income from their territories, which were defined as areas under each bishop. This became the formation of the territorially based state system. The terms at Westphalia that defined the sovereign authority of the state were only a significant development in the process that had started five centuries before. 35 References. L. A. Hoffman
The stabilizing functions of the Concordat between the Holy See and Poland of 1993 in the process of the normalization of the relations between the Church and the state
The article contains an analysis of the Polish Concordat of 1993, ratified during the stage of transition from communist totalitarianism to liberal democracy. The key elements of these transformations include the change of the system of relations between the Church and the state which consisted in the transition from an atheistic regime – based on the principle of "hostile separation" – to a democratic secular state – based on the principle of "friendly separation" – referred to as "coordinated separation" due to the application of the instrument known as the concordat. In a speech held in the Vatican on 25 March 1998, Pope John Paul II claimed: "[…] The Concordat is a challenge to everyone to whom the future of Poland is dear and to those who feel a responsibility toward Her fate. It is a great opportunity and a great task for the present and future generations". The Author employed the phrase "the stabilizing functions of the concordat" to refer to these "opportunities and tasks". In order to explicate his line of thought he described the following: the concept of the concordat and its function, the position of the concordat in the hierarchy of the sources of law, the extent of issues regulated by this document and the bases of its effectiveness in the Polish system of law. Due to the extent of issues regulated by the Polish Concordat, it is a holistic concordat. The objects of its regulation include: the fundamental principles of the relations between the Church and the state, the confirmation of diplomatic relations, guarantees of respecting religious freedom on institutional and individual levels in public life (Art. 3-27).The norms inscribed into the Concordat of 1993 are mostly a confirmation of the norms which functioned at the moment when the document was ratified. Due to the ratification of the Concordat the Polish legislator cannot introduce such norms to the system of the law of the country which would be contradictory to the norms inscribed into the Concordat without an agreement with the Holy See or the Polish Bishops' Conference, the latter acting on the basis of a mandate of the Holy See. An important factor of the stabilizing function of the Concordat is the method of drawing up legal regulations. This has to do with clauses which refer to other normative acts belonging to the system of Polish law, to the system of canon law, or to future bilateral agreements, contracted on the central level (between the Holy See and the supreme organs of the authorities of the State), or on the local level (between the Polish Bishops' Conference and the representatives of the Government of the Republic of Poland).This Concordat contributed to the increase of the level of stabilization of direct relations between the Catholic Church and the State in Poland. The document also played indirectly the role of promoting other religious associations. According to the principle of equality of Churches and other religious associations (Art. 25, Par. 1 of the Constitution of the Republic of Poland), there occurred an extension of guarantees inscribed into the Concordat which had to do with other religious associations. This extension was brought about thanks to the employment of auxiliary concordat agreements consisting of individual acts promulgated on the basis of agreements that were negotiated by the government with the representatives of these associations.