Folia Theologica 5. (1994)
Hugo Schwendenwein: Church and state in Austria
58 H. SCHWENDENWEIN al State subsidy to the Church was granted. But the major part of the income of the dioceses still proceeds from the above-mentioned contributions of Church members. In this way the dioceses are able to pay salaries to their parish clergy. Priests who give religious instruction in public schools receive a State salary. The dioceses grant subsidies for the erection of church buildings, parish houses etc., but for these purposes the parishes also depend on revenue from collections. Religioners are salaried by the diocese when they are employed in diocesan institutions or parishes. Some monasteries and convents live on income from their property, from schools or hospitals run by them, from salaries of their members etc. 20. Juristic persons under canon law are also granted legal personality by state law once the bishop notifies the state authorities of their character as such (arts. II, X/2 and XV Concordat). 21. State law does not provide any restrictions to the acquisition of property by the Church. The Church and its juristic persons may acquire property in any form provided by civil law (art. XIII/1 Concordat). Inter alia, the Concordat is particular canon law for Austria. 22. As to canon law, norms of the Concordat continue in force notwithstanding new canonic prescriptions (e.g. in the new Code of 1983) to the contrary. Should there ever be a conflict between the canons and the international pact, the pact must stand. Therefore monasteries of mendicant orders (e.g. the Capuchins), which under their own rules are subject to restrictions in acquiring property, can acquire temporal goods in Austria. 23. Very important is the treaty between the Holy See and the Republic of Austria for the regulation of educational institutions (BGBI. Nr. 273 of July 9, 1962, as amended). The provisions of this treaty applicable to the Catholic Church correspond to a large extent to those of the Religious Instruction Act (Religionsunterrichtsgesetz) and the Private School Act (Privatschulgesetz), which are applicable to all legally recognized denominations. In Austria, the situation is characterized by the fact that denominational religious instruction constitutes a solid component of the teaching programme in staterun educational institutions, but not in the universities. In the schools, religious instruction is a compulsory subject for pupils belonging to legally recognized denominations, with exceptions for vocational schools offering training programmes for apprentices (Gewerbliche
