Folia Theologica 9. (1998)

Józef Krukowski: The Issues of the Negotiations of Concordats

THE ISSUES OF THE NEGOTIATIONS OF CONCORDATS 25

3.3. What Matters are the Subject of Concordat Regulations

Before negotiations referring to the conclusion of an agreement between the Apostolic See and a given country are begun, the postulates de lege ferenda should be prepared. To this aim, proper studies must be carried out which include the following:

1) comparative studies concerning guarantees of religious freedom which are written in post-council concordats and considerations about the possibilities of their reception in the concordat with Slovakia;

2) a critical analysis of legislative regulations determining the situation of the Church in Slovakia in order to work out a temporary version of a project for the future concordat.

3.3.1. An Analysis of Contemporary Concordats

Starting an analysis of contemporary concordats one should realise that they provide quite an extensive material3. Over 30 contemporary states, most of which are secular democratic European states, have regulated their relations with the Church in the farm of concordats. The norms which were included in them can be classified into two groups:

— the first group included the basic principles determining the relations between the state and the Church as two separate types of institutions existing in the same society;

— the second group included specific guarantees of religious freedom in individual and collective dimensions.

The role of the basic principles is fulfilled by the following guarantees:

1) A general guarantee of respecting by both sides the right to religious freedom following from the natural dignity of the human person. Generally, reference to this principle is found in preamble4.

2) An obligation binding both sides to respect the autonomy and sovereignty of the Church and the state, each in its own order, and to co-operate with each other for the good of man and the country5.

Specific guarantees of religious freedom in each concordat are adjusted to the needs of a given country. Usually, the differences between concordats refer to the range of these guarantees. Some

3 R., MINNERATH, L’Eglise et les Etats concordataires (1846-1981). La

souveraineté spirituelle. Paris 1983, pp. 83-421; J. Krukowski, Konkordaty

wspólczesne. Doktryna - teksty (1964-1994), Warsaw 1995, esp. pp. 98-211.

4 Cf. concordats with Spain (1976), Italy (1984), Poland (1993) and Israel (1993).

5 Cf. preamble of the convention with Spain (1976); Article 1 of the concordat with

Poland from 1993.