Folia Theologica 5. (1994)
Hugo Schwendenwein: Church and state in Austria
56 H. SCHWENDENWEIN ological faculties in Federal universities, the Protestant churches have only one. Religious instruction in schools recognized under public law is only paid by the State if a minimum number of pupils participate. For private schools run by legally recognized denominations whose level corresponds to that of public schools the State will pay the teaching staff if they have enough pupils. Only the Catholic Church and the Protestant churches have military chaplains in officer’s uniform who receive officer’s pay. It should also be mentioned that similar regulations apply to prison chaplains. As a result of historical tradition and on account of the great number of members of the Catholic Church Austrian law contains more provisions for this church than for other denominations. 12. Austrian constitutional law and the Concordat grant freedom to the Catholic Church in all matters concerning its internal affairs, organization, doctrine, cult, appointment of clergy etc. In Federal Institutions such as the theological faculties, schools recognized by public law, the armed forces etc., the ministry in under Church authority, not that of the State; the Church can, e.g., determine who may teach and what its clergy may do. State legislation provides only the framework in which the Church can exercise the ministry of the word and the sacraments in all these public institutions. 13. The majority of State norms applying to the Catholic Church are contained in the Austrian Concordat of 1933 and in some additional conventions concluded between the Holy See and the Republic of Austria. The dispositions of these treaties constitute international law but at the same time also Austrian national law and particular canon law for Austria. 14. Since the Holy See represents an international juristic person it has the capacity to conclude agreements with other such persons, i.e. sovereign states or international associations and organizations formed by them. The other churches and denominations lack this character of an international juristic person and therefore cannot conclude international treaties with the State. Particular legislation applying to them is passed by the State, but usually any such act of legislation is the result of a dialogue between the State and representatives of the respective denomination.
