Folia Theologica 9. (1998)
Józef Krukowski: The Issues of the Negotiations of Concordats
24 J. KRUKOWSKI state authorities in the form of giving the latter the right to interfere into the interior matters of the Church, for example appointing the bishops and taking decisions about ecclesiastical borders of organisational units (dioceses, parishes). Indeed, this kind of concordats meant limitation on the freedom of the Catholic Church in the fulfilment of its mission, and , at the same time, discrimination of other churches. 2) On the other hand, the subject of horizontal concordats is not exchange of privileges between the highest organs of the authorities but it is guarantee of religious freedom in an individual dimension (where each man is its subject) and in a collective dimension (where the Church is the subject). This radical shift of the subject of concordat agreements follows from the acceptance of the teaching of the Vatican Council II and the principles of democracy2. The Vatican Council II determined new criteria according to which verification of pre-council concordats was made. The Council pointed out three principles concerning the relations between state and Church: — the principle of respecting religious freedom as a right resulting from the dignity of a human person (Dignitatis humanae); — the principles of respecting the autonomy and sovereignty of Church and state, each in its own order (Gaudium et spes 76); — the principle of co-operation between the state and the Church for the common good of the same people (ibid.). Significant changes that took place in the legislation of the present democratic states mean that the state accepts the role of a guarantor of the protection of rights and freedoms due to all people on the principle, of equality. The state guarantees religious freedom in its inner legislation (constitution and statutes) and in international agreements, both many sided and bilateral ones, which are the concordats. As a consequence of these assumptions the subject of negotiations aiming at the conclusion of concordat is not to protect the Church apparatus but to protect the religious freedom including both individual and collective dimensions. This subject refers to the guarantees of religious freedom including two aspects, namely the negative aspect (freedom from coercion from the state) and the positive aspect (freedom to express one’s convictions both in private and public life). 2 T. BERTONE, Analiza i ocena umôw miçdzy Kosciolem a wspólnotami poiitycznymi, in: Kosciót i prawo (ed. J. Krukowski), vol. 4, Lublin 1985, pp. 31-37.
