M. Čeplíková: The Status of Churches and Religious Societies in the Law of the Slovak Republic
Here is available whole text of this article in Czech language
Abstract
An author analyses the status or religious organisations, churches and religious societies, in the Slovak Republic. She discusses a valid legal regulation (de lege lata).
She analyses the changes of the legal regulation relating to the status and activities of churches from the year 1989, so as the legal regulation relating to this matter after the year 1993 when the independent Slovak Republic was constituted. She focuses on the different sectors of law relating to churches and religious societies (the Constitution, the Registration Act, criminal law, the legal regulation of the activities of churches in school etc.). The author interests in the actual questions of the relation between the State and Church at the territory of Slovakia (the Fundamental Agreement between the Slovak Republic and the Holy See, and the amendment to the Religious Freedom Act).
About Author
JUDr. Margita Čeplíková, CSc. was born in Prague in 1960. He studied the Law Faculty of the University of Pavel Jozef Šafárik in Košice. She obtained a doctorate in 1983. From 1983 to 1989, she completed a study stay lasting several years and became a full-time research assistant at the cathedra of theory and legal history of the mentioned university. In the years 1989-1993, she worked as a researcher at the Historical Department of the East Slovakian Museum in Košice. In 1993, she obtained the degree of a candidate of legal sciences at the Law Faculty of Komenský University in Bratislava. She has worked as an assistant professor at the cathedra of legal theory of the Law Faculty of the University of Pavel Jozef Šafárik in Košice since 1993. She is a lecturer in legal sociology. She focuses on the mutual relations between the State and Church in Slovakia and their legal regulation. She is a member of the Church Law Society and she collaborates on its activities in Prague and Brno.
The Report on the Congress of Canon Law on the Theme "Territoriality and Personality in Canon and Church Law in Budapest
In the first week of the September of this year, the eleventh congress of the international organization Consociatio Internationalis Studio Iuris Canonici Promovendo, resided in Rome. This congress was simultaneously the fiveteenth congress of the organization The Society for the Law of the Eastern Churches. Both the organizations arranged international congresses once three years. Their last conventions was hold in Lublin (1995) and in Pamplona (1998). Now the congress was hold at the famous Catholic University Pázmány Péter Katolikus Egytem in Budapest.
The representatives of Italy, Spain and Latin America prevailed among 184 participants; the delegations from Germany, Poland, Austria, Switzerland and France were also numerous. Some delegates represented the universities from the USA, Canada, Belgium, Portugal, Greece and India. Prof. Dr. Edward Górecki from Cyril-Method Theological Faculty of Palacký University in Olomouc, ThLic. Damián Němec from the Law Faculty of Palacký University and Doc. JUDr. Jiří Rajmund Tretera and Mgr. Záboj Horák LL.M., both from the Law Faculty of Charles University, represented the Czech science. The languages of the congress were English, German, Italian, Spanish; a simultaneous translation into these languages was arranged. Not only the law of the Latin Church or of the Eastern Catholic Churches, but also the Orthodox canon law were discussed. Therefore Prof. Spyridon Troianos from Athens and vladyka Pantaleimon Rodopoulos from Thessaloniké presented their papers.
The congress was contained from 20 papers which were hold from the Sunday, September 2 to the Friday, September 7 at the Hélia Hotel. During that time we visited also to the Faculty of Humanities of Pázmány University in Piliscsaba, the graves of the Hungarian primates in Ostřihom Cathedral and the Serbian-Orthodox Bishopric and Museum in the town Szentendre.
During the congress the bodies of the Consociatio were elected. Prof. Cesare Mirabelli from Rome was elected the new president of Concociatio after Prof. Giorgio Feliciani from Milano.
During the congress we agreed a closer cooperation with the Theological Faculty in Luzern, Switzerland, which was offered by the dean of this university and the chief of the department of church law and state ecclesiastical law Prof. Dr.iur.can. et Lic.theol. Adrian Loretan. It was especially about participation in the research and elaboration of the problematics "Staatskirchenrechtliche Kontexte der Theologischen Fakultäten in den verschieden Ländern Europas."
Prof. Alberto de la Hera, the chief of the department of cult at the Ministry of Justice in Madrid, expressed his pleasure that we had sent him the translation of our state ecclesiastiacal legislative, which he asked for. We agreed other cooperation of our Institute for State Ecclesiastical Law with his institution. Prof. Carlos Valderrama from the Institute of Church Law in Lima offered a closer cooperation with his Institute too.
The 7th Year of the Conference "The Church and State" at the Law Faculty in Brno, September 26, 2001
At this date, the local group of the Church Law Society in Brno hold its regular international conference with the guests from abroad. The department of constitutional law and political sciences of the Law Faculty of Masaryk University, Brno participated in this conference. The conference was led by the chairman of the local group and assistant professor at the mentioned department JUDr. Michal Lamparter, PhD.
JUDr. Margita Čeplíková, CSc. from the department of legal theory at the Law Faculty of the Pavel Jozef Šafárik University, Košice discussed the actual development of the Slovak state ecclesiastical law, especially the concordat recently concluded by the Holy See and the Slovak Republic, in her paper. Dr.jur. Wolfgang Wieshaider from the Institut für Recht und Religion of the Law Faculty, Vienna University compared the legal status of the Jewish and the Islamic Communities in Austria and the Czech Republic at the present time. JUDr. Salahuddin Sayedi, Dr., the lawyer of the Islamic Community in Prague, spoke on the relation between the Islam and secularized State. Prof. Mohamed Ali Přemysl Šilhavý from Třebíč led the following discussion on the actual questions relating to the status of the Islamic Community in the Czech Republic.
In afternoon, the dean of the Law Faculty, Masaryk University Doc. JUDr. Jan Svatoň, CSc. greeted participants in conference. After that, the memory of the great personality of legal science, Prof. JUDr. František Kop, the professor of church law at Masaryk University in the different times 1946-1948, was honoured. The present members of Professor Kop's family, especially his son and daughter, remebered his sorrowful and brave life.
The chief of the department of constitutional law and political sciences Prof. JUDr. Jan Filip, CSc. informed about the work of the Legislative Council to the Government of the Czech Republic on the new Religious Freedom Act and the Registered Partnership Act. Following that Doc. JUDr. Jiří R. Tretera presented his paper on the administrative process of registering churches and the legal status of the Islamic Community at our territory in 1874-1991.
P. ICLic. Jiří Koníček, the judge of the Interdiocesan Court in Olomouc, inform about the conclusion of his licenciate's thesis relating to the importance of the Czechoslovak Modus Vivendi from 1927/1928. After that Mgr. Záboj Horák LL.M., the full-time postgraduate student of the Law Faculty of Charles University, gave the lecture called "The Inconsistent Decisions of the Supreme Court of the USA in the Cases of State Ecclesiastical Law Gonzales versus the Roman Catholic Archbishop and Jones versus Wolf". P. Dr. Jiří Kašný from the department of church and civil law of the Theological Faculty of the South Bohemian University in České Budějovice discussed the theory of the meanig of laws in secular and church law. He based the paper on his experience from Columbus University, Ohio, and from the Theological University of the South Bohemian University. In the end of the conference, JUDr. Karin Kuhnová PhD. from the Law Faculty of Masaryk University in Brno presented a paper in which she discussed the sociological aspects of the results of the religious census from 2001.
News from the Church Law Society
Ing. Eduard Hladký, CSc., the nuclear scientist from Piešťany, visited to our Society from August, 24 to August, 29, 2001.
Mr. Alan Hall, the emeritus professor of biology at the international Atlantic College in Llanilltyd Fawr (Llantwit Major), Glamorgan, Wales, the laical preacher of the Methodist Church and the member of the choir "Unicorn Singers", visited to our Society on the 22nd of October 2001. His choir presented its program of the Classic music at the Czechoslovakian Hussite Cathedral of St. Nicolas and at the Týnský Church, both at the Old Town Square.
On the 24th of October 2001, the 34th evening of the cycle "The Effects of Law on the Church and Society" was hold. Prof. Dr. Martin Heckel, the professor of church law at the Law Faculty of Tübingen University, gave a lecture on the theme "The Status of Theological Faculties in German Law" and managed a following discussion.
Congratulations!
On the 28th of June 2001 Mgr. Záboj Horák, a secretary of our Society and a full-time postgraduate student at the Law Faculty of Charles University, finished his study at the Law Faculty of Westphalian Wilhelm University by defence of diploma thesis and was awarded by the academic degree Magister Legum – LL.M.
On the 28th of August 2001, Doc. JUDr. Jiří Kejř, DrSc., a legal historian, canonist, leading Czech specialist in medieval canon law and the Hussite legal science and practice, former researcher at the Czechoslovak Academy of Sciences and a member of our Society, celebrated his 80th birthday. Not only his life's work containing several hundreds of titles, but also his contemporary lectures given for our Society, the Institute of Legal History of the Law Faculty of Charles University, the Town Museum at Slané and other institutions, so as his present tutorship of postgraduate students of church history at the Hussite Theological Faculty of Charles University, are still a source of detailed information about the subject which was not always favoured and which is in beginning of its renessaince in our country.
P. ICDr. Mgr. Konštanc Miroslav Adam OP, a founder-member of our Society, was elected the highest representative of the Slovak Vice Province of the Dominican Order in Zvolen, Slovakia, on the 4th of September 2001. Before that he defenced doctor's thesis on the theme "I sacramenti dell´iniziazione cristiana nei rapporti interecclesiali tra i cattolici latini e orientali i Slovacchia". Ad multos annos!
On the 10th of September 2001, Mgr. Jiří Pukovec passed doctoral vica voce in the Czech and Czechoslovak legal history and obtained the academic degree "doctor of laws" (JUDr.). The theme of his doctor's thesis is "The Financing of Churches at the territory of the Czech Lands, Slovakia and Under-Carpathian Russia from the end of the 18th Century to the Year of 1948". These thesis arose from the substantial enlargement of his diploma thesis in state ecclesiastical law and they are a beautiful example of connecting legal history, state ecclesiastical law and financial law.
On the 24th of September 2001, ICLic. Stanislav Přibyl defenced his doctor's thesis on the theme "The Legal Guarrantees of Ecumenical Relations between Churches" at the Law Faculty of Charles University. Doc. JUDr. Vladimír Kindl was a chairman of the committee, opponents were Prof. JUDr. Aleš Gerloch CSc. from the Law Faculty of Charles University and ICLic. JUDr. Antonín Hrdina from the Law Faculty of West Bohemian University. Přibyl's tutor was Doc. JUDr. Jiří R. Tretera. This defence was a great success!
On the 4th of November 2001, Prof. JUDr. Miroslav Zedníček, a founder-member of our Society, translator of the CIC/1983 into Czech and a professor of church law at the Catholic Theological Faculty of Charles University, will celebrate his jubilee. Congratulations!