Folia Canonica 8. (2005)
STUDIES - Szabolcs Anzelm Szuromi: The Changes of Modern Era Relation of Church and State in Europe
76 SZABOLCS ANZELM SZUROMI gion. After enlightenment this secularized, and deficient image of God, which secured the final establishment of political system and norms, is not needed any more to enforce the idea of law and justice.74 Frederick William IV (1840-1861), elected as German Emperor in 1849, King of Prussia keeping the traditional viewpoint of origin of power, in defiance of the newly accepted Imperial Constitution, declared that he exercises his power of God’s grace in the future, too.75 However after World War II, from the text of the substantially redesigned and newly composed constitutions, conforming to the opinion, which emphasizes the earthly character of the modem state, the religious motif was omitted once for all, such as the French Constitution modified in 1958, for example.76 In the preparatory arguments of the Constitution of the European Union, first of all as a model of the fonner constitutions, the reference to God or to the Christian roots of the European society was arisen again as an essential question.77 Summary The above-demonstrated processes give light to the more and more precisely encircled separation of the functioning of Church and State. The Church of the Middles Ages, in an expressed form, strove for the protection of her own inner life and legal system, the autonomy of which gained recognition in the Roman Empire. The characteristic of the separation models, which appear in the modern age, is that the state in general does not see itself competent for controlling the religious convictions of its citizens, as far as those remain in the frame of basic human rights’ norm of the universally declared freedom of religion and conscience.78 The Apostolic Holy See’s concordats are destined for securing the 74 Cf. Pirson, D., „Die Förderang der Kirchen als Aufgabe des säkularen Staates” in Die staatliche Förderung von Gesellschaft und Kirche (Essener Gespräche zum Thema Staat und Kirche 28), Münster 1994. 83-100, especially 85-89. 75Gadille, J. - Mayeur, J.M. (ed.), Libéralisme, industrialisation, expansion eurpéenne (1830-1914) [Histoire du Christianisme des origines à nos jours 11], Paris 1995. 327-329. 76Flores-Lonjou, Les lieux de culte, 178. 77 Erdő, P., „Contributo della Chicsa alla formazione dell’autocoscienza culturale Europea”, in Folia Theologica 12 (2001) 7-14, especially 9-11. 78 Cf. The Constitution of the Republic of Hungary, Arts. 60, 70/A; Act IV/1990 on the Freedom of Conscience and Religion, and Churches, § 8 (1) Those following the same religious beliefs may, for the purpose of exercising their religion, set up a religious community, religious denomination or church (...) with self-government. (2) Churches may be established for the purpose of pursuing all religious activities which are not contrary to the Constitution and do not conflict with the law. Schanda, B. (ed.), Legislation on Church-State Relation in Hungaiy, Budapest 2002. 42, 45.