Archivum Historiae Pontificiae - Volume 54 (2020)
GLI ACCORDI DELLA SANTA SEDE
CON GLI STATI (XIX-XXI SECOLO)
Modelli e mutazioni: dallo Stato confessionale alla libertà religiosa
a cura di Roberto Regoli - Marie Levant
Roberto Regoli e Marie Levant – Introduzione
Pietro Parolin - Concordia e concordati tra la Santa Sede e gli Stati dal XIX al XXI secolo
Summarium - The text aims to provide an understanding of the agreements of international law that have been signed between the Holy See and states on the position and legal status of the Church in a given country and that have often taken the form of concordats and similar conventions. They are examined not only in the light of diplomatic practices, but also with regard to global politico-religious dynamics from the nineteenth to the twenty-first century.
François Jankowiak - Remarques sur les variations typologiques des accords entre le Saint-Siège et les États dans la doctrine juridique française. Modèles séculiers et approches canoniques, XIXe-XXe siècles
Summarium - From the beginning of the 19th century to the Interwar Period, French jurists, specialists in internal or international public law, as well as canonists, paid attention to the different types of agreements concluded between the Holy See and the States and, more specifically, the concordat as model. The one, matricial, of 1801 occupies a central place in the doctrinal literature and has partly conditioned the subsequent analyses, from the Separation of 1905 to the rebirth of a «droit concordataire» specifically highlighted in The Lateran Accords which closed the Roman Question.
Fabrice Bouthillon - Trois soeurs. Les trois déplorations pontificales de 1809, 1931 et 1937, sur le sort des trois concordats de 1801, 1929, et 1933 43-62
Summarium - Non abbiamo bisogno and Mit brennender Sorge are frequently compared, but much more rarely with the bull Quum memoranda, which excommunicated Napoleon. What they have in common, however, is the clandestine nature of their writing, and the denunciation by each of them of the violation of a concordat by the lay signatory who had concluded it with the Holy See, while from one text to the other, the clarity of the doctrinal condemnation increases, while the severity of the canonical measures decreases. This kinship is due to the common nature of the three regimes, Bonapartist, Fascist and National Socialist, all of which were centrisms by addition of the extremes, and all three of which rediscovered that Roman imperial form against which the biblical tradition had already risen: it is therefore quite logical that, against its contemporary resurgence, the Holy See should also rise.
Roberto Regoli - Con la Repubblica, l’Impero e i sovrani restaurati. Due secoli di trattati nel ventennio di Pio VII (1800-1823)
Summarium - The starting point of the present reflection is based on an observation: the cultural, religious and political tensions that run through the pontificate of Pius VII are not limited to that twenty-year period, but permeate the entire subsequent era, up to the 21st century. The responses that the Papacy gave in the early nineteenth century to the challenges it faced would be the same responses that, in a more or less articulated way, the Church would provide throughout the late modern era. In that twenty-year period, Pius VII made agreements with the French Republic, with the Napoleonic Empire and with the restored sovereigns, as well as less significant agreements with countries that were not at all Catholic, not even statistically speaking and not only constitutionally (such as France). The agreements signed clearly show that the Church is ready to adapt to any regime in order to live and survive. For this reason it deals with everyone and accepts any political form of government, as long as the community of believers can worship and act in the world.
Anna Barańska - La congrégation des Affaires ecclésiastiques extraordinaires et les négociations concordataires: participation, pensée, résolutions (1814-1878)
Summarium - The present paper, based on the materials from the Archivio Storico della Segreteria di Stato in the Vatican, aims to analyse the role of the Congregation for Extraordinary Ecclesiastical Affairs in the concordat negotiations. From 1814 to 1878, the Holy See signed 19 concordats and 22 particular accords. During this time the Congregation held 139 meetings devoted to the successful (95) and unsuccessful (44) negotiations. Most of them took place during the pontificate of Gregory XVI and, principally, during the first half of the pontificate of Pius IX (up to 1862). The Congregation was consulted most frequently in the case of the concordat negotiations with the greatest European powers (Austria, Spain, Portugal, Russia). Member cardinals expressed their opinion at various stages of the proceedings, namely informal talks, preliminary negotiations, preparation of draft agreements, ratifications, and implementations.The protocols of the meetings reveal how the Congregation conceived the concordat and which principles led the cardinals while framing theirs resolutions. The Congregation observed as well some practical rules derived from the diplomatic traditions of the Holy See or formed under the influence of recent experiences. Seeing that the traditional concept of the concordat was no more practicable in the realities of the nineteenth century, the cardinals had to question again the essence and the form of the treaties between Church and State.
Andrea Ciampani - Mutamento socio-politico, Chiesa e concordati. La riflessione vaticana alla vigilia del Concilio Vaticano I 125-162
Summarium - The contribution is part of a long-term research path aimed at identifying the reflection started by the Holy See in the second half of the 1860s on the socio-political changes occurred at the beginning of the 19th century, also in relation to the establishment of constitutional regimes. Particularly noteworthy is the debate on a possible decree on concordats during the preparatory work of Vatican I; at that time an important working tool was also prepared, L. Conventiones de rebus ecclesiasticis inter S. Sedem et civilem potestatem variis formis initae in XXV titulos digestae. The absence at the Council of an explicit debate on the Concordats reflects an evolution of the Holy See’s policies that characterized the generational change in the Roman Curia and in Vatican diplomacy, through the formation of a large centro cardinalizio.
Rita Tolomeo - Nuovi assetti balcanici e politica orientale della Santa Sede durante il pontificato leonino. Autonomia politica, progetti unionistici e concordati
Summarium - Leo XIII, before the political structure of the Balkan peninsula designed in 1878 in Berlin, worked to contain the Slavic-Orthodox expansionism supported by Russia and protect the interests of the Catholic communities in the Ottoman Empire through direct agreements that took them away from political and strategic interests of the protective powers. The only tangible result was the agreement with the principality of Montenegro which would remain a model for subsequent agreements with predominantly Orthodox states.
Nicholas Doublet - Church-State relationship: The Congregation of Extraordinary Ecclesiastical Affairs and the politics of concordats during the pontificates of Pius X and Benedict XV (1903-1922)
Summarium - This paper seeks to present the effective contribution of the Congregation of Extraordinary Ecclesiastical Affairs to the renewal in the Holy See’s relations with States during the pontificates of Pius X and Benedict XV (1903-1922). It will show how this Congregation served as a an effective guiding force in establishing policy and resolving diplomatic issues in compliance to its original purpose.
In its diplomatic action the Holy See remained true to its ecclesial mission. The multi-faceted success registered in the diplomatic field was never an end in itself. The goal, as always, remained that of ensuring the Church’s freedom to fulfil its mission at the service of all. In all this, Benedict XV and his collaborators stand out as a beacon of Evangelical principles: mostly fraternal charity and a true sense of justice, without which they truly believed that a just and lasting world peace could not, and would not be achieved.
Marie Levant - Le Vatican et l’Europe dans l’entre-deux-guerres: le programme concordataire. Étude à partir des accords de l’aire germanique
Summarium - The concordats of the interwar period resulted from the Church’s desire to guarantee its freedom, interests and activities, but they also aimed to transform the world from a Christian perspective. They are, therefore, part of the Roman project of Christian re-conquest. This programme has a European colour, given the geographical extent of the agreements that were signed, as well as the intransigent policy that underpinned them, Europe being the territory of medieval Christendom which the Papacy hoped in a sense to restore.
András Fejérdy - La pratica concordataria nell’Ostpolitik vaticana
Summarium - The essay analyzes the Holy See’s policy towards the states of the Soviet bloc where significant Catholic ecclesial communities of the Latin rite lived during the two decades corresponding to the pontificates of John XXIII and Paul VI. After briefly describing the antecedents and motivations for the Holy See’s openness towards the communist regimes, the essay examines the formal characteristics and results of the agreements made as a result of these negotiations. At the same time, the connections between the results established in the agreements and the issues resolved in practice without an agreement established in writing are also highlighted. The conclusion is reached that the Vatican Ostpolitik continued the traditional concordat policy of the Holy See insofar as it had as its main motive and purpose the improvement of the situation of the local Catholic Churches which had come to find themselves in a hostile environment, wanting to establish the results achieved preferably in international agreements. While the most significant result of the negotiations was that the communist governments implicitly recognized the competence of Rome in the internal affairs of the church, the agreements obtained offered compromise solutions only in partial fields. Therefore, they had value only in the given situation of Church policy: with the change of political regime they lost their validity.
Édouard Coquet - Des «accords» originaux entre le Saint-Siège et la France: les négociations sur les biens de mission dans l’espace colonial français, du traité de Versailles aux décrets Mandel (1919-1939)
Summarium - Les accords entre le Saint-Siège et les États ne se limitent pas aux accords de droit international mais peuvent prendre des formes plus souples. Dans la France des années 1920-1930, marquée par la séparation de l’Église et de l’État, l’exemple le plus riche concerne les négociations sur le transfert des biens des missions des ex-colonies allemandes dans le cadre du traité de Versailles, et la résolution de la question du statut juridique des missions dans l’ensemble de l’empire par les décrets Mandel (1939).
The agreements between the Holy See and the States aren’t restricted to international legal agreements alone and may also take more flexible forms. In the France of the 1920s-1930s, period of the separation of Church and State, the most interesting example stands in the negotiations about the transfer of the missions’ assets in the former German colonies as a part of the treaty of Versailles, and the resolution of the question of the missions’ legal status in the whole empire by the Mandel decrees (1939).
Olivier Sibre - La diplomatie des normes du Saint-Siège en Asie orientale. Les tentatives de convention entre le Saint-Siège et la Chine depuis la fin du XIXe siècle jusqu’à l’expulsion de l’internonce Riberi
Summarium - The recent convention signed between the Holy See and China seems to have come out of nowhere. Indeed, on the face of it, no convention seems to have been concluded before. The history of China in the nineteenth and twentieth centuries is forgotten. The CCP has only been in power since 1949. This situation masks the very numerous attempts to establish a convention between the Holy See and China. The purpose of this communication is therefore to review the contacts and contents negotiated between the Holy See and China in order to arrive at a convention, which does not fall under the concordatory regime, during the pre-communist period. It places this development in the context of the long period of relations between the Holy See and East Asia, and attempts to put the convention signed on 22 September 2018 into perspective. Yesterday, as today, these negotiations between the Holy See and China are the subject of strong international interest.
Jacques-Olivier Boudon - Les nominations épiscopales dans les concordats du XIXe siècle en Europe
Summarium - The XIX century marks a crucial stage in the history of episcopal appointments. It was during this century that the Holy See reappropriated the right of nomination, formally in some cases, concretely in others. Light is shed on the evolution of these relations, within a European framework, by first analyzing the diversity of appointment methods, then showing how episcopal appointments are a revelation of the crises between the Church and the States, and finally by seeing the progress made by the Holy See in taking control of these appointments. Of course, the methods of appointment remain different, but the Holy See has affirmed the idea that the right of appointment belongs to it and has gained a strong position in this field. Rome thus gained greater freedom of choice, even total freedom, especially in two states, France and Italy, where the struggle with the Church had been particularly bitter. Elsewhere, as in Germany, the Holy See also emerged stronger from the struggle the Church had to endure during the Kulturkampf.
Cécile Gonçalves - Mutations et adaptations de la diplomatie du Saint-Siège au Portugal à l’aune des concordats de 1940 et 2004
Summarium - The adoption of the concordat in 1940 by the Salazarist New State (1932-1974) has led to a retreat in the process of secularization in Portugal. An authoritarian and liberticidal regime, the New State did not want the modernizing impulses of the universal Church to affect Portugal and its colonies for fear of democratizing repercussions. The reforms of the Second Vatican Council (1962-1965) were not implemented until the fall of the dictatorship in April 1974. With the Carnation Revolution which overthrew the dictatorship, the concordat could thus be amended, notably to allow divorce at Catholic marriages. However, although its spirit contradicts the principles defended in the 1975 Constitution, the ‘salazarist concordat’ remained in force until 2004. The Law on Religious Freedom of 2001 and the concordat of 2004 refunded the relations between the Portuguese State and the Catholic Church on the basis of the recognition of religious diversity and the equality of all cults. This document is significant of the turning point initiated by the papacy since the pontificate of John Paul II, with the Roman Curia now considering advocating a ‘second evangelization’ under the sign of secularism. In this perspective, the spirit that presided the negotiations and led to the signing of the 2004 Concordat seems to be at odds with Salazarist designs. The 2004 Portuguese concordat is representative of the way in which the universal Church has been able to accommodate the liberal rule of law by embracing ‘the right to religious freedom’ without, however, having to abandon its claims to truth and social recognition of it. The concordat presents itself as the solution to reconcile the Church and its time, the papacy now working to ensure that states adopt an ‘open secularism’ in order to express themselves freely, particularly on the school question or ethical issues.
Melanie Rosenbaum - Tendencies in bilateral and multilateral agreements of the Holy See of recent decades in the field of higher education
Summarium - The Holy See during recent decades has concluded a range of bilateral agreements in the field of Higher Education. The article outlines chosen agreements reaching out to new sectors and with new and partly unexpected partners, and traces their manifold inspirations from other international and multilateral agreements and from international initiatives like the Bologna Process, that then translated into those bilateral agreements which are often unique and novel in typology and text.
Friedrich Bechina - Zur Möglichkeit einer Hochschulpolitik des Heiligen Stuhls im Rahmen der päpstlichen Diplomatie. Nach-Fragen zum Beitrag von Melanie Rosenbaum
Summarium - The present article refers to two contributions published in this volume, written by Melanie Rosenbaum and Cardinal Parolin, who’s authoritative text offers the basis for the fundamental question, if one can identify a Higher Education policy of the universal Church within the context of Papal Diplomacy. If the answer is «yes» one can further ask what kind of policy this would be? What are its main goals and contents? Who are the major actors? And with which methods and instruments is it made?
Enrico Galavotti - Il Concilio Vaticano II e i concordati
Summarium - The Second Vatican Council did not give too much space to a discussion on the present and future fact of the Concordats. On one hand they were considered an indispensable instrument for the discipline of relations between Church and State; on the other hand, an in-depth discussion would have revealed the contradictions between some Concordats and the religious freedom approved by the Council. The effects of the Second Vatican Council would however be seen in the following decades, by concluding agreements which respected the Council’s decisions and set aside the myth of societas perfecta.
Paolo Valvo - I concordati latino-americani da Pio XII a Paolo VI
Summarium - Latin America appears to be an ideal laboratory to study the evolution of the agreements between the Holy See and the States, from the pre-conciliar era to the full reception of Vatican II’ teachings. The essay focuses particularly on the concordats with Dominican Republic (1954), Venezuela (1964), Haiti and Argentina (1966) and Colombia (1973), in order to measure the influence of Vatican II on the formal structures of the concordats as well as on their contents.
Giuseppe Dalla Torre - Conclusioni
INDEX NOMINUM
Edited by Vincenzo Rubino
BIBLIOGRAPHIA - CONCORDATA
Edited by Maria Silvia Boari