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A concordat is a convention between the Holy See
Holy See
and a sovereign state that defines the relationship between the Catholic Church
Catholic Church
and the state in matters that concern both,[1] i.e. the recognition and privileges of the Catholic Church
Catholic Church
in a particular country and with secular matters that impact on church interests. According to P.W. Brown the use of the term "concordat" does not appear "until the pontificate of Pope
Pope
Martin V (1413–1431) in a work by Nicholas de Cusa, entitled De Concordantia Catholica".[2] The first concordat dates from 1098, and from then to the beginning of the First World War the Holy See
Holy See
signed 74 concordats.[1] Due to the substantial remapping of Europe that took place after the war, new concordats with legal successor states were necessary.[1] The post- World War I
World War I
era saw the greatest proliferation of concordats in history.[1] Although for a time after the Second Vatican Council, which ended in 1965, the term 'concordat' was dropped, it reappeared with the Polish Concordat of 1993 and the Portuguese Concordat
Concordat
of 2004. A different model of relations between the Vatican and various states is still evolving[3] in the wake of the Second Vatican Council's Declaration on Religious Liberty, Dignitatis humanae.[citation needed]

Contents

1 Church teaching 2 Church–State dichotomy 3 Examples of concordats 4 List 5 References 6 Bibliography

Church teaching[edit] The Catholic church historically claimed not to be bound to one form of government over another, but was willing to work with any kind of government, so long as the rights of God and believers were maintained. Pius XI wrote in 1933:

Universally known is the fact that the Catholic Church
Catholic Church
is never bound to one form of government more than to another, provided the Divine rights of God and of Christian consciences are safe. She does not find any difficulty in adapting herself to various civil institutions, be they monarchic or republican, aristocratic or democratic. [4]

Church–State dichotomy[edit]

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From a Church–State perspective, the contentions regarding Concordats involves two perspectives. From a Catholic perspective, the Church has the moral and theological right to enter into diplomatic relations with states in order to reach agreements regarding the care of its members residing there. This is the concept of Libertas ecclesiae
Libertas ecclesiae
(freedom of the Church). However, from a non-Catholic perspective, Catholic church privileges pose certain concerns regarding religious freedom, such as:

concordats give to the Church a privileged position that other religious groups are denied (European history in numerous books reveals this fact) concordats may not be "the same as treaties" because they are entered into by an entity that is BOTH religious and political in nature, viz., the Catholic Church, with exception to states which are expressedly atheist or are identified as choosing anti-religious views, whereas any other treaty is regularly between two sovereign entities on a horizontal level, i.e., purely political in nature,[5] and depending on the negotiations agreed upon in the concordat, some religious groups face the threat of being marginalized. For example, in Spain, although the Constitution guarantees religious freedom (theoretically), yet in practice, the Church is mentioned by name and holds a pre-eminent position among other religious groups.[6] In recent years, debate has occurred regarding whether the Spanish government should maintain a concordat with the Vatican.[7]

Examples of concordats[edit]

Signature du Concordat
Concordat
entre la France
France
et le Saint-Siège, le 15 juillet 1801

The Concordat of 1801
Concordat of 1801
was an agreement between Napoleon
Napoleon
and Pope
Pope
Pius VII. During the French Revolution, the National Assembly had taken Church properties and issued the Civil Constitution of the Clergy. Subsequent laws abolished Christian holidays.[8] Many religious had either gone into exile or been executed during the Reign of Terror. The Church gave up any claims to lands confiscated after 1790, but secured the right to public worship, subject to any public safety concerns on the part of the local prefect. Napoleon
Napoleon
was able to pacify French Catholics, while limiting the Papacy's influence in France. While the Concordat
Concordat
restored some ties to the papacy, it largely favored the state.[9] Within a year Napoleon
Napoleon
unilaterally amended the agreement with the Organic Articles
Organic Articles
legislating religious practice.

Some concordats guarantee the Catholic Church
Catholic Church
the tax-exempt status of a charity, being by fact the largest charitable institution in the world, either stating this explicitly, as in Brazil
Brazil
(2008, Article 15)[10] and Italy
Italy
(1984, Article 7.3),[11] or phrasing it indirectly, as in Portugal
Portugal
(2004, art. 12).[12] When the political will is present, such concordat privileges can be extended by domestic legislation. In 1992 the tax exemption granted the Church by the Italian concordat was interpreted by a law which permits the Catholic Church
Catholic Church
to avoid paying 90% of what it owes to the state for its commercial activities.[13] Thus, a small shrine within the walls of a cinema, holiday resort, shop, restaurant or hotel is sufficient to confer religious exemption.[14] In June 2007 Neelie Kroes, the European Commissioner for Competition
European Commissioner for Competition
announced an investigation of this. Then, in August, the deputy finance minister in Romano Prodi’s fragile center-left coalition said the issue needed to be tackled in the next year's budget.[15] However, after that nothing more about this was heard from the Barroso Commission
Barroso Commission
and a few months later the Prodi government fell. The Slovak concordat (2000, art. 20.2) ensures that church offertories are "not subject to taxation or to the requirement of public accountability".[16] This is also the case in Côte d'Ivoire, where far larger sums are involved. The Basilica at Yamoussoukro, is estimated to have cost $300 million, and the additional running expenses for what is the largest church in the world are also shielded from scrutiny by the 1992 concordat concluded with the Ivorian dictator. Houphouët-Boigny claimed that these funds came from his private fortune. A Vatican official is reported to have called the agreement over the foundation set up to administer these funds "a delicate matter".[17]Nevertheless, this concordat ensures that the foundation’s income and assets remain untaxed (art. 9.1), it holds these funds beyond the reach of both criminal and civil law (art. 7.1), it permits this money to be sent out of the country (art. 13.2) and it keeps all the foundation’s documents "inviolable", in other words, secret (art. 8).[18] In Colombia
Colombia
there was a crisis between state and church in 1994 when Attorney-General Gustavo de Greiff accused several Bishops of having illegal contacts with the FARC
FARC
guerrillas. It turned out that under Colombia's concordat with the Holy See, members of the clergy could only be investigated by ecclesiastical courts which are ruled by canon law, and that the Bishops were therefore immune from investigation by the civil authorities on what many in Colombia
Colombia
considered to be a serious felony. List[edit] Further information: Treaties of the Holy See, Multilateral Treaties signed by the Holy See
Holy See
and Concordats with individual states of Germany There have been at least several hundred concordats over the centuries.[19] The following is a sortable list of the concordats and other bilateral agreements concluded by the Holy See.

Treaty Contracting party Date of conclusion Date of entering into force

1107 Concordat of London
Concordat of London
with Henry I of England 1 Aug 1107

1122 Concordat of Worms
Concordat of Worms
between Pope
Pope
Calixtus II and Henry V of the Holy Roman Empire 23 Sep 1122

1210 Parliament of Ravennika between Pope
Pope
Innocent III and the princes of Frankish Greece May 1210

1277 Concordat
Concordat
of Tonsberg between Jon Raude, Archbishop of Nidaros and Magnus VI
Magnus VI
of Norway 1277

1426 Concordat
Concordat
between Pope
Pope
Martin V and Charles VII of France 1426

Fürsten Konkordat between Pope
Pope
Eugenius IV and the Princes Electors of the Holy Roman Empire Jan 1447

1516 Concordat of Bologna between Pope
Pope
Leo X and King Francis I of France Sep 1516

1610 Concordat
Concordat
of Mi'kmaw between Pope
Pope
Paul V and Grand Chief Henri Membertou of Grand Council of Mi'kmaw Nation 1610[20]

1753 Concordat of Bologna between Pope
Pope
Benedict XIV and King Ferdinand VI of Spain 1753

1801 Concordat
Concordat
between Pope
Pope
Pius VII and Napoléon of France 15 July 1801

1813 Concordat
Concordat
of Fontainebleau between Pope
Pope
Pius VII and Napoléon of France 25 Jan. 1813

1817 Concordat
Concordat
between the Holy See
Holy See
and Bavaria 5 Jun 1817

1817 Concordat
Concordat
between the Holy See
Holy See
and King Louis XVIII
Louis XVIII
of France 11 Jun 1817

1827 Concordat
Concordat
between the Holy See
Holy See
and the Netherlands 16 Sep. 1827

1847 Concordat
Concordat
between the Holy See
Holy See
and Russia 3 Aug 1847

1851 Concordat[21][unreliable source?] between the Holy See
Holy See
and Spain 16 Mar 1851 11 May 1851

1852 Concordat
Concordat
between the Holy See
Holy See
and Costa Rica 7 Oct 1852 Dec 1852

1854 Concordat
Concordat
between the Holy See
Holy See
and Guatemala 1852 1854

1855 Concordat
Concordat
between the Holy See
Holy See
and Austria 1855

1882 Concordat
Concordat
between the Holy See
Holy See
and Russia 23 Dec. 1882

1886 Concordat
Concordat
between the Holy See
Holy See
and Portugal 23 June 1886

1886 Concordat
Concordat
between the Holy See
Holy See
and Montenegro 18 Aug. 1886

1887 Concordat
Concordat
between the Holy See
Holy See
and Colombia 1887

1914 Concordat[22] between the Holy See
Holy See
and Serbia 24 June 1914 20 March 1915 [23]

1922 Concordat
Concordat
between the Holy See
Holy See
and Latvia 30 May 1922[24] 3 Nov 1922

1925 Concordat
Concordat
between the Holy See
Holy See
and Poland 10 Feb 1925[24] 2 Jul 1925

1927 Concordat
Concordat
between the Holy See
Holy See
and Romania 10 May 1927 29 May 1929[25]

1927 Concordat
Concordat
between the Holy See
Holy See
and Lithuania 27 Sep 1927[26]

1928 Concordat
Concordat
between the Holy See
Holy See
and Colombia 5 May 1928

1929 Lateran Treaty[27] between the Holy See
Holy See
and Italy 11 Feb 1929 7 Jun 1929

1929 Prussian Concordat between the Holy See
Holy See
and Prussian Free State 14 July 1929

1933 Concordat
Concordat
between the Holy See
Holy See
and Austria 5 June 1933

1933 Reichskonkordat
Reichskonkordat
between the Holy See
Holy See
and Germany 20 Jul 1933

1940 Concordat
Concordat
between the Holy See
Holy See
and Portugal 7 May 1940

1953 Concordat[28][29] between the Holy See
Holy See
and Spain 27 Aug 1953 27 Oct 1953

1958 Concordat
Concordat
between the Holy See
Holy See
and Dominican Republic 1958

1993 Concordat
Concordat
between the Holy See
Holy See
and Poland 28 Jul 1993 25 Apr 1998

1993 Fundamental Agreement between the Holy See
Holy See
and Israel 30 Dec 1993 10 Mar 1994

1996 Agreements between the Holy See
Holy See
and Croatia 18 Dec 1996[30][31][32] 11[30][31] and 25 Feb 1997[32]

1997 Agreement between the Holy See
Holy See
and Hungary 20 June 1997[33] 3 April 1998

1997 Legal Personality Agreement[34] between the Holy See
Holy See
the State of Israel 10 Nov 1997

1998 Agreement between the Holy See
Holy See
and Croatia 9 Oct 1998[35] 30 Dec 1998[35]

2000 Basic Agreement[36] between the Holy See
Holy See
and State of Palestine 15 February 2000 15 February 2000

2004 Treaty between the Holy See
Holy See
and Slovakia 13 May 2004 9 Jul 2004[37]

2004 Concordat
Concordat
between the Holy See
Holy See
and Portugal 18 May 2004

2004 Concordat
Concordat
between the Holy See
Holy See
and Slovenia 28 May 2004

Basic Agreement[38] between the Holy See
Holy See
and Bosnia and Herzegovina 19 Apr 2006 25 Oct 2007

2008 Concordat
Concordat
between the Holy See
Holy See
and Brazil 13 Nov 2008

2009 Concordat
Concordat
between the Holy See
Holy See
and Schleswig-Holstein 12 Jan 2009

2015 Comprehensive agreement[39] between the Holy See
Holy See
and State of Palestine 26 Jun 2015[40] 2 Jan 2016[41]

2016 Framework agreement on matters of mutual interest between the Holy See
Holy See
and Democratic Republic of Congo 20 May 2016

2016 Framework agreement on matters of mutual interest between the Holy See
Holy See
and Central African Republic 8 Sep 2016

2016 Framework agreement regarding the legal status of the Catholic Church between the Holy See
Holy See
and Republic of Benin 22 Oct 2016

References[edit]

^ a b c d René Metz, "What is Canon Law?" (New York: Hawthorn Books, 1960 [1st Edition]), pg. 137 ^ Browne, P. W.. “The Pactum Callixtinum: An Innovation in Papal Diplomacy”. The Catholic Historical Review 8.2 (1922): 180–190 ^ See, for example, Petkoff 2007. ^ Pius XI, Dilectissima Nobis 1933 ^ Robert A. Graham, "Introduction: Reflections on Vatican Diplomacy," in Kent and Pollard, eds., Papal Diplomacy, 1, 2 ^ Andrea Bonime-Blanc, Spain’s Transition to Democracy: The Politics of Constitution-making (Boulder, CO: Westview Press, Inc., 1987), 104. ^ Maria Elena Olmos Ortega, "Los Acuerdos con la Santa Sede: Instrumentos Garantes de la Libertad Religiosa," in Maria del Mar Martin, Mercedes Salido, Jose Maria Vazquez Garcia-Penuela, eds., Iglesia Catolica y Relaciones Internacionales: Actas del III Simposio Internacional de Derecho Concordatorio (Granada: Editorial Comares, 2008), 489–502. ^ "France". Berkley Center for Religion, Peace, and World Affairs. Archived from the original on 6 February 2011. Retrieved 15 December 2011.  See drop-down essay on "Religion and Politics until the French Revolution" ^ Vilmer, Jean-Baptiste Jeangéne. "Comment on the Concordat
Concordat
of 1801 between France
France
and the Holy See", Revue d'histoire ecclésiastique, 102: 1, 2007, p. 124-154 ^ English translation of 2008 Brazilian concordat ^ English translation of 1984 Italian concordat ^ English translation of 2004 Portuguese concordat ^ "La Ue pronta a processare gli sconti Ici alla Chiesa" ("Property tax relief for the Church: EU takes Italy
Italy
to court"), Curzio Maltese, La Repubblica, 25 June 2007. ^ "Gli alberghi dei santi alla crociata dell'Ici" ("Tax crusade marches on the holy hotels"), Curzio Maltese, La Repubblica, 25 October 2007. ^ Church ready to forgo tax breaks, John Hooper, Guardian, 28 August 2007. ^ ASC&kb_id=1222 English translation of 2000 Slovak concordat ^ "The Basilica in the Bush", Richard N. Ostling, Time Magazine, 3 July 1989. ^ English translation of 1992 Ivorian concordat ^ [1] ^ http://hrsbstaff.ednet.ns.ca/jwelcher/MIK%2010%20Class%20Notes/1_concordat.pdf ^ Concordat
Concordat
of 1851, (in English) ^ Concordat
Concordat
between the Holy See
Holy See
and the Realm of Serbia
Serbia
in 1914 (Italian) ^ Le Concordat
Concordat
de la Serbie avec le Saint-Siège (juin 1914-mars 1915) ^ a b René Metz, "What is Canon Law?" (New York: Hawthorn Books, 1960 [1st Edition]), pg. 138 ^ Barszczewska, Agnieszka (2001). "The Roman- Catholic Church
Catholic Church
and Its Influence on the Moldavian Csángó Identity in Greater Romania". In Barszczewska, Agnieszka; Peti, Lehel. Integrating Minorities: Traditional Communities and Modernization. The Romanian Institute for Research on National Minorities. p. 232. ISBN 978-606-92744-9-1.  ^ Eidintas, Alfonsas (2015). Antanas Smetona and His Lithuania: From the National Liberation Movement to an Authoritarian Regime (1893-1940). On the Boundary of Two Worlds. Translated by Alfred Erich Senn. Brill Rodopi. p. 193. ISBN 9789004302037.  ^ For the text of the Lateran Treaty
Lateran Treaty
see ^ Concordat
Concordat
of 1953, (in English) ^ Concordato entre la Santa Sede y España, [html], Vatican website; accessed 15 Feb. 2017. ^ a b Odluka o proglašenju Zakona o potvrđivanju Ugovora između Svete Stolice i Republike Hrvatske o suradnji na području odgoja i kulture (in Croatian) ^ a b Odluka o proglašenju Zakona o potvrđivanju Ugovora između Svete Stolice i Republike Hrvatske o dušobrižništvu katoličkih vjernika, pripadnika oružanih snaga i redarstvenih službi Republike Hrvatske (in Croatian) ^ a b Odluka o proglašenju Zakona o potvrđivanju Ugovora između Svete Stolice i Republike Hrvatske o pravnim pitanjima (in Croatian) ^ Concordat
Concordat
on finance (1997) ^ Israel
Israel
Ministry of Foreign Affairs, Legal Personality Agreement ^ a b Odluka o proglašenju Zakona o potvrđivanju Ugovora između Svete Stolice i Republike Hrvatske o gospodarskim pitanjima (in Croatian) ^ Text of 2000 basic agreement ^ Equal Opportunities for Women and Men. Monitoring law and practice in Slovakia
Slovakia
by Janka Debreceniova, Zuzana Ocenasova. p. 81 ^ 2006 Basic Agreement ^ 2015 agreement between the Holy See
Holy See
and the State of Palestine ^ Holy See, State of Palestine
State of Palestine
sign Comprehensive Agreement ^ Holy See, State of Palestine
State of Palestine
Comprehensive Agreement enters into force

Bibliography[edit]

Baker, Michael (2010). "Security and the sacred: examining Canada's legal response to the clash of public safety and religious freedom." Touro Law Center: International Law Review, Vol. 13 (1). Available online. DiMarco, Erica (2009). "The tides of Vatican influence in Italian reproductive matters: from abortion to assisted reproduction." Rutgers Journal of Law and Religion, Vol. 10 (2) Spring. Available online. Hosack, Kristen A. (2010). " Napoleon
Napoleon
Bonaparte’s Concordat
Concordat
and the French Revolution." Constructing the past, Vol. 11 (1), article 5. Available online Hughes, John Jay (1974). "The Reich Concordat
Concordat
1933: Capitulation or Compromise?" Australian Journal of Politics & History, 20 (2), pp. 164–175. Metz, René, "What is Canon Law?" (New York: Hawthorn Books, 1960 [1st Edition]) Petkoff, Peter (2007). "Legal perspectives and religious perspectives of religious rights under international law in the Vatican Concordats (1963–2004)." Law and Justice: the Christian law review, 158, p. 30- online (payment may be required). Plichtová, Jana and Petrjánošová, Magda (2008). "Freedom of religion, institution of conscientious objection and political practice in post-communist Slovakia." Human Affairs, 18 (1), June, pp. 37–51. Available online here.  "Concordat". Encyclopædia Britannica. 6 (11th ed.). 1911. pp. 832–834. 

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