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)

SZABOLCS ANZELM SZUROMI, O.PRAEM.

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It is also clear, that to make modification, alteration, supplementing, etc. in the ratified international bilateral agreements (accord, partial-agreement, concordat), it is necessary an essential and radical change of the related circumstances. Even thou the Holy See has been enjoying territorial sovereignty again based on the Lateran Treaty, ratified in 1929, after the long period since October 9* 1870, this is not the substantive condition for her to be real subject of the international law, only a better emphasis on her independence. It is well approved by the legal arguments and by that statistic which we indicated above, supplemented some good example (even before the Great War, and the firs Code of Canon Law), e.g., Concordat to erect a theological faculty in Strasburg (1902), modification of the concordat with Spain ( 1904), Concordat with Congo ( 1906), convention for the Polish seminaries in Russia (1907), Concordat with Serbia (1914); after the Code: Latvia (1922). Bavaria (1924), and Poland (1925).49 Beside of these kinds of agreements one is conspicuous: the so-called Lateran Treaty, which had been signed with Italy by Pope Pius XI (1922-1939) on Leb- ruary 1 l'h 1929. This treaty - in fact three treaties - dissolved the so-called - earlier mentioned - ‘Roman Question’, specifying the legal status of the Vatican City and her relationship with the Italian State. Italy acknowledged the Vatican as a sovereign state, which is under the only legal control of the Holy See by own, unique and absolute authority.

In order to illustrate the international activity of the Holy See based on those authorizations which laid on the fundamental regulation of the CIC (1917), some contents of concordats are the best examples, from different epochs of the force of the Pius-Benedict Code. It is worth casting a glance at the content of agreements contracted with Austria (June 3rd 1933) and Germany (July 20,h 1933) between World War I and World War II. The Austrian concordat drafted in 1933 was signed under the reign of Pius XI by Eugenio Pacelli and Engelbert Dolfuss.5" The document contains 23 Articles and regulates the installation of vacant bishop’s see51, particularly mentioning the conditions of bishop nomination with right of succession, i.e. coadjutor-bishop, assuring preliminary negotiations between the Apostolic Holy See and the government in regard to nominee. The agreement mentions the functioning of theological faculties and priestly seminaries.52 It talks about religious instruction in parochial and state schools, in the latter one referring to the Austrian statutes of public education.53 In the concordat the Austrian state acknowledges the legal force on civil law of marriage service performed in canonical form, which needs registration by the

49 Szuromi, Sz. A., The Changes of Modern Era, 72.

50 AAS 26 (1934) 249-282.

51 Art. Ill: AAS 26 (1934) 249-250.

52 Art. V: AAS 26 (1934) 253-254.

53 Art. V: AAS 26 (1934) 254.