News from the
Church Law Society
REVIEW 28 2/2004
From
the Church Law Society
Receipt of the
prestigious award
The Church Law Review
received the prestigious award from the society of German, Czech and Slovak
attorneys “Karlsbader Juristentage.” A glass statue by Jaromír Rybák, which
represents the award to the Review, was presented to three representatives of
our editorial staff, Jiří Rajmund Tretera, Štěpán Hůlka and Záboj Horák, by the
vice-president of the society, Vladimír Zoufalý, and secretary-general
Jindřiška Munková during a festive meeting that took place at the seat of the
society in the “Dunaj” palace on Narodní Street in Prague 1 on Wednesday
afternoon, 30 June 2004. The original statue is exhibited in the office of the
Church Law Society. Its picture is available on the internet site of the
“Karlsbader Juristentage” at http://www.kjt.cz under the link “výsledky za r.
2003.“ On the same site the results of voting for the award are listed for all 24
competing periodicals.
Church Law Society
participation at the 14th Academic Weeks in Nové Město nad Metují
On 24 July – 6 August
2004, the Academic Weeks took place again on Pavlátova Meadow. The Weeks
represents a continuation of a pre-WWII tradition connected with the Dominican
Order. The event is organized by the civic association Academic Weeks,
currently under the leadership of Jan Kováč, in cooperation with the Czech
Christian Academy and under the patronage of the Bishopric of Hradec Králové,
the Dominican Order, and the town of Nové Město nad Metují. The chairman of the
Church Law Society was invited to chair the Weeks on 3–4 August 2004, where the
program concerned the life of army general Heliodor Píka, who was unjustly
sentenced to death by a communist court and executed on 21 June 1949, and also
concerned other victims among the national heroes of the Czechoslovak army who
were persecuted by the communist totalitarian regime. The program was completed
by film documentaries and personal testimonies of the members of the Political
Prisoners Federation present at the event.
Congratulations
Long-active member of
the working committee of the Church Law Society Jiří Jirsa successfully
completed his studies at the Charles University School of Law and was graduated
on 29 July 2004.
In Memory of Vladimír
Mindl
On 31 August 2004, it
has been 10 years since the passing of Vladimír Mindl, a founding member of the
Church Law Society and its honorary member in memoriam. Representatives of the
Church Law Society participated in the Holy Mass conducted for Vladimír Mindl
in St. Charles Borromeo Church in Prague 1, Vlašská Street, on 30 August 2004.
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Brief
News
New Portuguese Concordat
Following several
years of negotiations, a new Concordat was reached between the Holy See and the
Portuguese Republic on 18 May 2004. It replaced the previous Concordat from
1940. Soon after the declaration of the republic in Portugal in 1910, a
separation of Church and State was legislated in such a manner that legal
theory listed it next after the 1905 French separation of Church and State as the
second strongest example of a separation “hostile to the Church.” A gradual softening
of anti-Church measures occurred after WWI. Through the Concordat of 1940,
Portugal became one of the non-confessional (secular) states with a cooperation
model of Church-State relations. The Concordat of 2004 reflects significant
changes that took place in the Church since the II Vatican Council (1962–1965).
The complete official wording of the Concordat with an unofficial Czech
translation is available in this issue of the Review.
The finding of the
Constitutional Court of the Czech Republic on Act No. 3/2002 Coll. on Churches
The finding of the
Constitutional Court of the Czech Republic of 27 November 2002, published in
issue No 4/2003 Coll., dealing with Act No. 3/2002 Coll. on Churches and
Religious Societies, received the second place award in the “Karslbader
Juristentage” competition in June 2004. Judicial decisions receive awards for
important contributions to the theory of law and legal practice. In the
above-mentioned finding the Constitutional Court decided in full court on the
abolishment of Act No. 3/2002 Coll. on Churches and Religious Societies based
on a suggested contradiction to the constitutional system. In its findings the
Constitutional Court decided to abolish selected provisions of the Act which -
in contradiction to the constitutional system - enabled state intervention in
the freedom of churches and religious societies. The finding was reprinted in
Church Law Review No 23 – 3/2002, pp. 241–271.
This year eight
judicial decisions were submitted to this year’s competition at the “Karlsbader
Juristentage.” Two were findings of the Constitutional Court, one was a
judgment of the High Court in Prague and six others were judgments of the
Supreme Court of the Czech Republic. The decision was announced together with
the results of the Author’s Award for the Best Legal Publication in 2003 and of
the prestigious award to the Best Professional Legal Periodical in either the
Czech or Slovak Republics during a festive meeting at the Thermal Hotel in
Karlovy Vary on 11 June 2004.
The most votes were
given to the judgment of the Supreme Court Ref. 22 Cdo 1993/2001 of 8 April
2003 concerning laesio enormis.
English text of this
decission you can find on our web pages – here.
or http://spcp.prf.cuni.cz/judikat/p-6-02.htm
Registration of the
Center of Muslim Communities in the Czech Republic
The Center of Muslim
Communities in the Czech Republic applied for registration on 16 March 2004
according to Act No. 3/2002 Coll. As reported by the Czech Press Agency on 2
September 2004, the Ministry of Culture of the Czech Republic granted the
application. Until then Czech Muslims were organized through activities of the
Islamic Foundation, whose representative is Vladimír Sáňka of Prague. In one of
the future Reviews we will report on the difficult evolution of the position of
Czech Muslims since their first legal recognition in our territory in 1912.
UK: Reducing Abortion
Time Limits2
The 1967 Abortion Act
legalised abortion in the UK. Abortion was then possible up to 28 weeks if the
mother’s physical or mental health was endangered. In 1990, this law was
amended and the time limit for abortions reduced to 24 weeks. In July 2004, the
debate on abortion was stirred up once more with the publication in UK
newspapers of photos showing a 12-week-old foetus “walking” in the womb,
another sucking its thumb, opening its eyes and yawning and a third smiling at
22 weeks. Professor Campbell, who took the photos, refrained from taking a
stand on the issue but nonetheless commented: “When I see a foetus smiling at
22 weeks, I think it is a bit late to be aborting.” The pictures prompted calls
in British newspapers to review the late time limits allowed by the law. On 11
July, The Sunday Telegraph published the account of a mother whose daughter was
born at 23 weeks, showing photos of the child at birth and today. The public
was moved to see that a foetus was viable at this stage. On 7 July 2004, the
Prime Minister, Tony Blair, hinted at a review of the abortion law during Prime
Minister’s Questions at the House of Commons and 2The news was published in the
internet revue Gèneéthique on 26 July 2004 (see http://www.genethique.org).
invited Labour MPs to submit new proposals, stating: “As a matter of
conscience, MPs would be given a free vote.”
Lord David Steel,
architect of the 1967 law authorising abortion up to 28 weeks of pregnancy, is
now calling for the limit to be shortened to 12 weeks due to medical advances
(imaging, screening, etc.). Limits on abortions „for social reasons“ should be
reduced to 12 weeks, in line with most European countries. He stated that at 24
weeks, you are no longer dealing with a foetus but with the „possibility of a
baby“. The Secretary of Health, John Reid, called for an 18-week time limit. In
2002, out of 175,000 recorded abortions, 13,000 were performed after 14 weeks.
On 30 August 2004 P.
Zdislav Umlauf OP passed away in Grenada in the Lesser Antilles. He was
born on 2 September 1931 in Dolní Němčí in Moravia. After WWII he left for
studies in Great Britain and remained in exile. He became a member of the
Dominican Order through its English Province which later sent him to be active
as a priest in the Caribbean Vicariat. In the 1990’s he returned to his
homeland for several years in order to help educate students of theology from
among the reestablished Dominican Order. In the Olomouc Priory he took care of
about 40 Dominican candidates for the priesthood from the Czech lands and
Slovakia. Later he returned to the Caribbean where he became the spiritual
administrator of Grenada
after its senior colleague P. Bernard Kadlec OP (see Church Law Review No. 26 –
3/03, p. 248).
On 31 August 2004 P.
Jiří Maria Veselý OP passed away in Olomouc. He was born on 15 November
1915 in Protivanov in Moravia. In the 1950’s he was imprisoned without a trial
in the worst internment prison in our territory – in Želiv. The guards treated
him in such a way that he almost died from poisoning, but unexpectedly he
managed to recover. His recovery was connected with pleas by the Master of the
Order, Hyacinth Cormier OP, the reinstituter of the Czech Dominican Province,
whose pleas were subject to review 40 years later in Rome during the
beatification of Hyacinth. After P. Jiří Maria Veselý was released from internment
he was a manual worker at archeological excavations in southern Moravia. Since
the occupation of the country in August 1968 he lived in exile in Rome where he
devoted himself to archeological studies along with his spiritual activities.
The last years of his life he spent in the Olomouc Priory.
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