Folia Theologica 5. (1994)
Hugo Schwendenwein: Church and state in Austria
CHURCH AND STATE IN AUSTRIA 59 und kaufmännische Berufsschulen), in which generally one day per week is reserved for school attendance, the other days being destined to on- the-job training. In these schools, religious instruction is an obligatory subject in Tyrol and Vorarlberg, but optional in the other Austrian provinces (Länder). The obligatory character of courses in religion is certainly limited inasmuch as the pupil can withdraw from them within the first ten days of every school year. For pupils under the age of 14, this right can be exercised by their parents. However, this possibility of withdrawal is rarely used. Since the majority of Austrians are Roman Catholics, the formation of teachers of Catholic religion for practically all Austrian schools is of considerable importance. Considering the opportunity afforded the Church to be present in all these schools within the framework of denominational religious education, the formation of catechists in Austria concentrates on the preparation of teachers for religious instruction. The Church, without whose authorization no one may teach (Catholic) religion in public schools and schools recognized under public law, can also revoke this authorization: the person in question is then no longer permitted to teach religion. Thus religious instruction in schools is subject to Church authority, even though the State pays the teachers. 24. University studies in Austria are regulated by public law. There are four faculties of Catholic theology, which are incorporated in the Federal Universities of Vienna, Graz, Salzburg and Innsbruck; besides, there is an ecclesiastical faculty of Catholic theology in Linz. In the Federal University of Vienna there also exists a faculty of Evangelical (Lutheran and Helvetic) theology. All legal rules concerning studies of Catholic theology at Federal university are formulated in accordance with the Concordat of 1933. Professors and other scientific staff at Federal universities are civil servants of the Austrian Republic. Like other university professors, those who teach at faculties of Catholic theology are appointed in accordance to the applicable norms of Federal legislation, but they also require the “placet” of the Church authorities, without which they cannot teach at a faculty of theology. Should the competent bishop withdraw his consent at a later time, the respective professor or lecturer can no longer exercise his teaching function.
