Folia Theologica et Canonica 6. 28/20 (2017)

IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., An overview on the international relations of the Holy See since the ‘Roman question' until 1967, correlated with the first codification (1917)

AN OVERVIEW ON THE INTERNATIONAL RELATIONS OF THE HOLY SEE... 113

III. The Holy See’s Active Participation in the International Relations Based on the CIC (1917)

The Apostolic Holy See, as a subject of international law, further maintained her rights to sign bilateral agreements in regard to the operation of the Catholic Church, which as part of international law oblige the signing partners to the execution of what is included in it.4J These agreements between the Holy See and individual states, which record and arrange the most important common questions, are called concordats. The questions involved are the Church’s freedom and her rights; the circumstances of appointing bishops; Church and State regulations of parish priests and military chaplains and questions related to their activities and monetary compensation; the Church’s immunity; the regulation of Catholic education and pedagogy; and the area of marriage law. In addition to this, there exists the so-called partial agreement, or the form of 'modus vivendi'.45 46 Naturally, there are different theories among canon lawyers on the recognition of the spiritual sovereignty, like the legal theory, privilege theory, or contractual theory. The concordat - or any category of legal documents between the Holy See and other countries or international legal entities - is signed by two sovereign authorities (religious and secular) and not by two states. Within these types of 'international’ accords only one party is a state meanwhile the other one is an ‘association’ organized for spiritual purpose. This eminent ‘association’ enters into agreement with individual states in regard to those responsibilities and rights, which are due to the functioning the Church in the particular state. This kind of contract fundamentally differs of agreements between government of individual states and various religious groups - or denominations - because those are issued not between two international legal subjects, therefore needed not to be ratified by the concerned country’s parliament. The text of these agreements are prominent sources of the particular ecclesiastical law of the concerned countries, and being part of international law so both parties’ approval are necessary if they intend to change it. The stability of the agreement is secured by the Church too, which is well illustrated by Canon 3 of CIC (1917)47 48, but also Pope Benedict XV's allocution on November 21"' 1921.4*

45 Graham, R.. Vatican Diplomacy. A Study of Church and State on the International Piane. Princeton, N.J. 1959. 157-183; cf. Viejo-Ximénez, J. M„ Los Concordants de Pio XII a Pablo VI (1939- I97S). 12) Soluciones y tendencias, in Revista Espanola de Derecho Catwnicio 68 (2011 ) 205- 258, especially 215-219.

46 Cf. Erdő, P„ Egyházjog, 306-309.

47 CIC (1917) Can. 3 - Codicis canones initas ab Apostolica Sede cum variis Nationibus conven- tiones nullatenus abrogant aut iis aliquid obrogant; eae idcirco perinde a ein praesens vigere per- gent. contrariis huius Codicis praescriptis minime obstantibus.

48 AAS 13 (1921) 522-524; cf. Mazgaj, M. S., Church and State in the Communist Poland. A History. 1944-19X9, Jefferson, N.C. 2010. 26.