Folia Theologica 9. (1998)

Józef Krukowski: The Issues of the Negotiations of Concordats

THE ISSUES OF THE NEGOTIATIONS OF CONCORDATS 21

remember that they must always be treated as an act ultimately aiming at the goal which is common for all the interested parties.

2.2. Stages of Negotiations

If negotiations mean mutual influence exerted by at least two partners on each other, then a question should be set: when do the sides of negotiations begin to affect each other, is it only from the moment when their plenipotentiaues are appointed?

Experience shows that negotiations are a process spread over a period of time. Negotiations are not an event that happens only once nor are they a process limited exclusively to formal activities undertaken at a definite period of time, for example to an official meeting between representatives of both sides. On the contrary, negotiations are a continuous and at times long-lasting process which begins before a formal meeting of the aides and which is not finished with signing a formal agreement. That is why three stages of negotiations are distinguished each of which has its own function:

— the first stage are pre-negotiations which create the basis for the parties to influence on each other’s behaviour in a definite direction. As for the concordat, pre-negotiations proceed with a wider circle of the society, especially the conference of bishops of a given country;

— the second stage are formal negotiations, that is interactions taking place between representatives of both sides. At this stage, negotiations concerning the concordat go on between qualified representatives of the Holy See and a given State, in accordance with the binding procedure, and their aim is to find such a solution which is accepted by the sides and which result in an agreement bringing about changes in the structure of mutual legal relations. The Holy See is represented by the papal legate (usually the Apostolic nuncio); the state is represented by Prime Minister or Minister of Foreign Affairs;

— the third stage are post-negotiations that is the activities concerning realisation of the agreement as a result of formal negotiations.

Experience shows that the results of formal negotiations are to a great extent related to what happened before they were begun, Although formal negotiations constitute an axis of negotiations, still in many cases they do not have any greater significance is they are not properly prepared.