Folia Canonica 8. (2005)
STUDIES - Szabolcs Anzelm Szuromi: The Changes of Modern Era Relation of Church and State in Europe
72 SZABOLCS ANZELM SZUROMI better emphasis on her independence. Among of the concordats signed by the Holy See two are remarkable, negotiated with France between Pope Pius VII (1800-1823)and Napoleon I in 1801 and 1813.37 However we can refer to those sixteen countries, too, signed by the Holy See: Latvia (1922), Bavaria (1924), Poland (1925), Lithuania ( 1927), Romania ( 1927), Prussia ( 1929), Italy ( 1929), Baden (1932), Austria (1933), Germany (1933), Yugoslavia (1935), Portugal (1940), Spain (1953), Dominica (1954), North-Rhine-Westphalia (1956), Bolivia (1957). Out of these kind of agreements one is conspicuous: the so-called Lateran Treaty,38 which had been signed with the Italian state by Pope Pius XI on February 11, 1929. This regulated the so-called “Roman Question” specifying the legal status of Vatican City and her relationship with the Italian State. Italy acknowledged the Vatican as a sovereign state, which is under control of the Holy See by own, unique, and absolute power.39 Also, it is worth casting a glance at the content of agreements contracted with Austria (June 3, 1933) and Germany (July 20, 1933) between Word War I and Word War II. The Austrian concordat drafted in 1933 was signed under the reign of Pius XI by Eugenio Pacelli and Engelbert Dollfuss.40 The document contains 23 Articles and regulates the filling of vacant bishop’s see,41 particularly mentioning the conditions of bishop nomination with right of succession, i.e. coadjutor-bishop, assuring preliminary negotiations between the Apostolic Holy See and the government in regard to the nominee. The agreement mentions the functioning of theological faculties and priestly seminaries.42 It talks about religious instruction in parochial and state schools, in the latter one referring to the Austrian statutes of public education.43 In that concordat the Austrian state acknowledges the legal force on civil law of marriage service performed in canonical form, which needs registration by state authority. Moreover, it lays down the rights of ecclesiastical tribunals in regard to the proclamation of nullity of marriage bond and the dissolution of solemnized but not consummated marriage performed in canonical form.44 In addition to this, it regulates the functioning of army ordinary,45 the conditions of activities and founding of religious Orders or 37 Ardura, B. - Cholvy, G. - BillÉ, L-M., Le Concordat entre Pie VII et Bonaparte, Paris 2001. 73-89, 113-121. wActa Apostolicae Sedis (hereafter AAS) 21 (1929) 275-294. 39 Ruda Santolaria, J.J., Los sujetos de derecho internacional. El caso de la Iglesia católica y del Estado de la Ciudad del Vaticano, Lima 1995. 8. 40 AAS 26 (1934) 249-282. 41 Art. III. AAS 26 (1934) 249-250. 42 Art. V. AAS 26 (1934) 253-254. 43 Art. V. AAS 26 (1934) 254. 44 Art. VII §. 3. AAS 26 (1934) 258. 45 Art. VIII. AAS 26 (1934) 259-260.
