Folia Theologica 9. (1998)

Józef Krukowski: The Issues of the Negotiations of Concordats

THE ISSUES OF THE NEGOTIATIONS OF CONCORDATS 23

20,25; Matthew 22,21). Such relation to the cultural roots is necessary in order to reject the wrong assumption of the state’s supremacy over Church, which still remains in the mentality of politicians from the communist party. According to this concept, concordat is an inter-state agreement, for example between the Polish State and the state of Vatican City, which is concluded in the interest of the Vatican citizens. It is then necessary to view concordat is a proper way as an international and not inter-state agreement which is concluded by both sides in the interests of the same group of people who ate simultaneously members of the state and of the Church. The specific character of this agreement lies in the fact that one of the sides is the Holy See as a sovereign subject of the authority of the Catholic Church which is given a public and legal subjectivity in international relations. The other aide are the sovereign organs of a given state.

3.2. The Subject of Modern Concordats

At the stage of pre-negotiations, and even more-formal negotiations of concordat, the purpose is to come to a mutual conviction about its content. To achieve this aim, first, adequate activities should be undertaken in order to provide proper information which will prevent the public opinion from being alarmed by a stereotype model of concordat which already belongs to the past. That is why two types of concordats must be clearly distinguished:

— vertical concordats, which existed before the Vatican II Council and which now belong to the past;

— horizontal concordats, which are adjusted to the directions given by the Second Vatican Ecumenical Council and the assumptions which guide the contemporary democratic states.

The significant difference between them refers to their subject.

1) The subject of vertical concordats was the protection of the interests of two authorities: spiritual and secular ones. That is why their content concerned exchange of privileges between the Apostolic See and the highest organs of denominational state in order to secure the interests of both sides. The state guaranteed to the Church a position of the leading religion, which meant such privileges as material services for the benefit of the Catholic Church leaving out other churches, giving protection to the Church apparatus using the physical force (brachium saeculare). On the other’ hand, the Apostolic See gave a privilege to the