REVIEW 15-1/00

J. Kašný: The Right of Defense in the Procedure for Recourse against Administratives Decrees

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Abstract

Following the Second Vatican Council en effort was made to develop new and more adequate means of protecting the rigths of the faithful in the Church. Among the elements of the juridic protection of rights, the 1983 Code of Canon Law attributes great importance to the right of defense that guarantees the concrete possibilities for each party to a dispute to participate in the procedure. The article studies how the present legislation of the Latin Church honors the right of defense in the procedure for recourse against administrative decrees (cc. 1732-1739)

About author

Jiří Kašný, salesian and priest, studied theology under František Míša a Josef Zvěřina, canon law at the Pontifical Salesian University in Rome and the Catholic University of America in Washington, D.C. He was an assistent professor at the Pontifical College Josephinum and judge at the diocesan tribunal in Columbus, Ohio.


S. Přibyl: The Fundamental Changes in Canon Penal Law

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Abstract

The comparative study on the penal rules of the old code and the CIC/1917 refers to the irnportant differences between both the regulations. Firstly, the study discusses the division of penal law matter and the systematic enplacement in the codes and the numerical reduction of canons in the new one. The study also deals with the question of a possibie program rule as the c. 2214 § 2 of the CIC/1917 was and with the problem of the Church's authority to punish faithfuls for commited delicts. The study draws attention to that the new code doesn't bring only a new terminology or formal modifications and mentions the content news that evidences the new understanding ofevery faithful's dignity: the abolishment of the penal law irresponsibility of cardinals, the abolishment of a local interdict, the abolishment of a suicide and a bigamy as crimes and the substantial reduction of the punishments of latae sententiae. The author presuposes the abolishment of the punishments of latae sententiae in future and the more consistent application of legality principles.

About author

Stanislav Přibyl (1966) graduated at the Law Faculty of Charles University in 1989. Further he studied philosophy and theology in Prague and Rome at the Lateran University. At this university, he attained a licenciate in canon law in 2000. Now he continues his studies there as a postgraduate student with writing the doctor´s thesis on the theme "The Czech State Ecclesiastical Law". At the same time he is a postgraduate student at the Law Faculty of Charles University.


P. Krafl: Handlungen der Domkapitel Gnesener Kirchenprovinz als Quelle zur Geschichte der Provinzialsynoden im 15. Jahrhundert } The Documents of Cathedral Chapters In Gniezno Church Province as a Source for the Provincial Synods of the 15th Century)

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Abstract

The article informs about document records of cathedral chapters in Gniezno Church Province of the 15th century and about their importance for study on the theme of provincial synods. Brief protocol entries in chapter documents evidence the fact of provincial synod call, the date and place of synod meeting. Their writer records the members of chapter who were delegated to a synod and the amount of their joumey expense allowances, approved at a chapter meeting. Oftentimes these records shows the topics which were to discuss by a provincial synod, sometimes the results and decisions of a synod - mainly the information about the approved contribution of clerus. Exceptionaly the copy of a statute or another synodal document was made. The records of synods are of fragmental character in the documents of all the chapters, they were irregularly. The highest degree ot regularity can be founded in the meeting records of Gniezno Chapter, mainly after the year 1435, and in Poznaň Chapter's documets. Wloclawek Chapter's documents mention provincial synods on targer scale from the half of 80th of the 15th century. Plock Chapter's documents give the lest information of alt the preserved and edited documents.

About author

PhDr. Pavel Krafl, Dr. was born in 1971. He is a researcher of the historical Institute of the Academy of Sciences of the Czech Republic. He graduated in history at the Philosophical Faculty of Masaryk 's University Brno (1990-1995) - Dr. 1998, PhDr. 1999. He deals with the theme of provincial and diocesan synods and synodal legislation in the Czech Lands and Poland iin the course of the Middle Ages. See for example the studies: "Some comments on the Edition of Prehussite Synodal Statutes of Olomouc Diocese" (In: Sborník prací Filosofické fakulty brněnské univerzity, řada historická, C 43, 1995 p. 61—72), "The Prehussite Synods In Olomouc Diocese (In Český časopis historický, 94, 1996, p. 739—760), " The Outline of Gniezno provincial synods from 1206—1503" (in Slovanské historické studie, 25, 1999, p. 5—34)


I.A. Hrdina: The 700 years from the Promulgation of Decretal Collection of Boniface the VIII

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Abstract

In the year 1998 700 years passed from the Promulgation of Decretal Collection of Boniface the VIII, called "Liber Extra". This collection became the third part of the most important medieval law source, the Corpus Iuris Canonici. The novelty of this collection is in dealing with other sources: the collection not only systematizes them, but also corrects/shortens, puts antinomies away and changes/completes and becomes the direct predessor of modern law codifications.

About author

JUDr. Ignác Antonín Hrdina, Opraem, was born in 1953. In 1970 he joined the Premonstratensian Order of the Strahov Abbey. In 1972 - 1975 he was studiong theology at the Cyril-Methodeus Faculty of Theology in Litoměřice. In 1977 he was ordained in Krakow. In 1982—1987 he was studying law at the Faculty of Law of Charles University in Prague. In 1988 he obtained the degree of Doctor of Law. Since 1990 he has worked as a parson in Strahov, Prague. In 1991 he was appointed as the provisor ofthe Strahov abbey. From 1995 he gaye lectures on civil law at the Faculty of Theology of the South Bohemian University in České Budějovice. Since 1996 he has been an assistant-professor of canon law at the Faculty of Law of the West Bohemian university In Plzeň.


REVIEW 16-2/00

Robbers, Gerhard: The Relation between the State and Church in Europe

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Abstract

The author describes the relations between the State and Church in the pointview of the European Law. He focuses especially on the proposals of the article 13 and 14 of the European Chart of the Basic Rights (the religion freedom of individuals and the right to family life), the proposal of the establishment of the anti-discrimination directive of the European Commission (the legitimate differ treatment given by the special charakter of religion institutes) and the Declaration No. 11 to the Amsterodam Treaty in which the national status of churches and world-view societies is declared to be respected. There are different legal regulations of religion in Europe. In some cases, there are different legal regulations in the one state, for example in France where the model of the laicité dominates or Great Britain. But there are some main principles which are to apply to the founding of the European legal regulation of religion: neutrality, tolerance, parity and regionality. The importance of churches for Europe is in drawing attention to the value ground and politic frame of the mainly economical integration and to the transcendental dimension of life. It' s very important for the churches to be regulated by European law which allows them to do their mission. On the other hand, the churches should show the interest in the economical integration and European law.

About author

Prof. Dr. Gerhard Robbers, born 1950, Professor for Public Law at the University of Trier, Germany. Director of the Institute for European Constitutional Law and the Institute for Legal Policy. Judge at the Administrative Court of Appeals Rhenania Palatina. Selection of publications: An Introduction to German Law, 1998 (also in German: 2nd ed. 1998); State and Church in the European Union, 1997 (also in German, French, Italian and Spanish). Editor of the series "The Legal Systems of the European States". Co-editor of "Archiv des öffentlichen Rechts". Further publications in public law, civil ecclesiastical law, legal philosophy, constitutional history, European Union law.


Hrdina, Antonín Ignác: A Marriage in the Czech Contemporary and Canon Law

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Abstract

The author presents the basic regulation of substantial law of the Czech Republic on the background of the systematization in the first part of the Family Act as well as he points to the essential difference between canon law and the Czech family law. He focuses on the conditions of validity of a marriage in the first chapter. He discusses the reasons of invalidity of a marriage in the second chapter. He describes the relations between spouses regulated by law in the third chapter. He mentions the dissolution of a marriage because of the declaration of a spouse for dead. Finally, he compares the divorce according to the Czech family law with the modes of the dissolution of a marriage according to canon law in the fifth chapter.

About author

JUDr. Ignác Antonín Hrdina, OPraem, was born in 1953. In 1970 he joined the Premonstratensian Order of the Strahov Abbey. In 1972-1975 he was studying theology at the Cyril-Methodeus Faculty of Theology in Litoměřice. In 1977 he was ordained in Krakow. In 1982-1987 he was studying law at the Faculty of Law of Charles University in Prague. In 1988 he was given the degree of Doctor of Law. Since 1990 he has worked as a parson in Strahov, Prague. In 1991 he was appointed as the provisor of the Strahov abbey. From 1995 he gave lectures on civil law at the Faculty of Theology of the South Bohemian University in České Budějovice. Since 1996 he has been an assistant-professor of canon law at the Faculty of Law of the West Bohemian university in Plzeň.


Němec, Damián: The Pope as a Patriarch of the Christian West

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Abstract

The competency of the Pope as a bearer of the universal primacy and the competency of the Pope as a patriarch of the Western (Latin) rite are not to be differenced in the awareness of the majority of our population. Therefore there is made an effort to point to the differences by the description of the position of Catholic Eastern patriarchs and by the description of governancy in the Eastern patriarchates in the article. The comparison of the bishops' creation in both the parts of the Catholic Church is presented separately because of its great extent and importance for practice. After then, the competency of the Pope as a bearer of the primacy is shortly summarized. The author wants to contribute to the discussion on the future proper character of the administration of the papal primacy to foster the mutual understanding of the different mode of governancy in churches in the frame of christianity.

About author

Damián Němec O.P. (born 1960) has been a member of the Dominican Order since 1986. He ordained priest in 1991. He has given lectures in canon law at the Cyril-Method' s Theological Faculty of Palacký' s University, Olomouc, since 1991 and at the Law Faculty of the same university since 1995. He attained the doctorate in theology with the specialization on canon law at the Papal Theological University, Wroclaw. He has been a provincial of the Czech Dominican Province since 1998. He focuses especially on the law of religious orders and state ecclesiastical law.


Georgiev, Jiří: Bedřich Schönborn, A Bohemian Nobleman and Austrian Minister

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Summary

The outline of the destiny of a Bohemian nobleman and politician, who took a seat of Austrian Minister of Justice at a relative early age, reflects problems of relations betweeen Czech civic political representation and the real power centre in Vienna to a large extent. This story takes place from the seventies of 19. century to the beginn of "new age", when - after the decline of old Habsburgian Empire and the creation of new national states - the hereditary aristocracy steps back from the sunny side of policy. Loyalty to the sovereign, consciousness of unity with "narrower" (Bohemia) and "wider" (Austria) homeland, firm affiliation with the catholic belief like strong constants against changes and turns in his attitude to the questions conected with national or social development of non-noble classes (the division of Prague University in the year 1882, problem of internal official language in the year 1890 and so on) show us difficulties ot the process of accommodation of Austrian nobility to requirements of different nations and other groups in liberal society. Friedrich Schönborn (1841-1907) as a minister of Austrian governments (cabinets of Taafe and Windisch-Graetz) understood the importance of political compromises. In comparison of his conservative ideas concerning constitutional situation of the Kingdom of Bohemia in the frame of the Austrian Empire incorporated in the pamphlet "Böhmen und Oesterreich" (Bohemia and Austria, Prague 1870) with his activity in the rank of Austrian minister, it could be drawn a conclusion that he is very shifty in his opinion. Representatives of the Czech radical liberal circles spoke in conection with the events of the year 1890 about the betrayal of Czech national interests. His political placatory standpoints meant really important shift from his early conservatism to the middle of the political scene. They showed one of possible solutions of the difficult situation of representatives of conservative powers in Habsburgian Monarchy of the last decades of 19. century who wanted to participate in political life of their country.

About author

Mgr. Jiří Georgiev was born on the 2nd June of 1976 in Prague. He graduated in law from the Faculty of Law of the Charles University. He still studies History and Law at the Philosophical Faculty of the Charles University in Prague. He is a member of Commitment of the Prague Church Law Society and an member of Editorial Council of the its Review. He is author of several entries in The Encyclopaedia DIDEROT. .


REVIEW 17-3/00

M. E. Chopko: Church Structures and Financial Relationship with Government in the United States

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Abstract

The topic of this contribution is relationships between the state (represented by the three levels of governmental powers – federal, state and local) and the Catholic Church in the United States, which are grounded on the specific form of separation. The basic frame of these relationships is determined by the strong tradition of the state non-inference into church matters. Opposite to this tradition there are different forms how to pressure the state or the church, motivated especially by the ideological tendencies to limit the influence of religion on society or by the fiscal purposes flown from the tendency of governmental power to gain resources for its ever-tense budgets from non-profit entities. The ground and criterion of the church-state relation in the United States is the First Amendment to the federal Constitution that provides there shall be no "law respecting an Establishment of Religion, nor prohibiting the Free Exercise thereof". Further federal and state laws specify this principle. The essential guarantee of separation in the United States is mainly extensive exemption of churches and religious societies from tax duties as well as tax allowances because of donations to churches. The general exemption of all the church entities, i.e. the entities subjected to church head-offices or the organizations connected with church activities, plays an important role. For the law of the United States the civil law forms of church entities and disposable property is strictly decisive, especially because of legal liability. At present the most frequent forms of church entities are: a trust, a non-profit organization, a corporation sole, an association. The disputes at courts create an independent issue in the church-state relationships. The importance of these disputes is given by the different concept of judicial decisions in the Anglo-American legal system.

About author

Dr. Mark E. Chopko is a General Counsel, the chief civil law advisor to the Bishops Conference of the United States. He has a staff of six lawyers responsible for the work of the Conference and its Committees and providing assistance to the 193 dioceses in the United States.He is a grandson of Slovak and Polish immigrants. He graduated from the Cornell University Law School. He has practised over twenty-five years. Dr. Mark E. Chopko ist Generalrat und Rechtsberater und -anwalt für den Bereich des staatlichen Rechts bei der Bischofskonferenz der USA. In seinem Amt stehen ihm 6 Anwälte zur Verfügung, die verantwortlich für die Arbeit der Konferenz und ihrer Ausschüße und für die Erteilung der Rechtsberatung an 193 Diözesen in Vereinigten Staaten sind. Dr. Chopko hat polnische und slowakische Großeltern, absolvierte Rechtswissenschaft an der Universität zu Cornell (Juris Doctor) und ist mehr als 25 Jahre als Rechtsanwalt tätig.


K. E. Schlief: The Changes of the Church-State Relation in the Area of New Federal States

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Abstract

The relation between the state and church in the new states of the Federal Republic of Germany is influenced by the new law of united Germany as well as by the negative course of the last forty years before unification, which is also traced in present irreligion in these new states. In the People Republic of Germany the totalitarian regime constituted the system of strict separation, although for some time the enactments of the Weimar Constitution were formally valid. Tense relation between the state and church was characterised by oppression of state ecclesiastical law and its usual legal institutes as religious education at public schools, a church tax and special forms of pastoral service. Federal and state constitutional law, especially the articles 4,7,140 and 141 of the Fundamental Act, the articles of the Weimar Constitution and other legislation as well as state-church agreements, concluded by individual states, churches and religious societies, and older concordats create new state ecclesiastical law. For this law the principles of neutrality, of parity, non-identification and of separation but useful connection and cooperation are essential.

In the 90's all the states (without Berlin and Brandenburg) concluded church-state agreements with the Catholic Church, the provincial unions of Protestant churches and the provincial unions of Jewish communities. These agreements deepen the guarantees of the rights and freedoms given by state law and contain the principles and concrete forms of church-state cooperation and the queston of relations of these agreements towards older concordats. Let's mention the regulation of churches as public law corporations, theology studies at universities, religious education at public schools, the special forms of pastoral service, the appointment of bishops, church taxes and property etc. as individual points of these agreements.

The method to regulate all the possible segments of relation between the state and any church or religious society, claimed by states, is characteristic for these state-church agreements.

About author

After Dr. Karl Eugen Schlief worked in the bank and as a chief staff-member of the Chamber of Industry and Commerce, he was appointed a lawyer of Münster diocese. He has been interested in the fundamental questions of the relation between the state and church since his dissertation on the theme "The course of the relation between the state and church and its reflection in Fundamental Act from Bonn". Above managing the legal department of the Bishop's General Vicariate he also took over other activities out of the diocese, mainly in the area of state ecclesiastical law and the law of church taxes. Dr. Schlief has also often publicized. He has given a commission for the lectures in the law of concordats at the Catholic Theological Faculty of Westfalen Wilhelm-University in Münster.


REVIEW 18-1/01

J. S v o b o d a : The Ordinary and Vicarious Power in Regard to the Dissolution of a Marriage

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Abstract

In his article, the author discusses the character of the Pope´s ordinary and vicarious power over a matrimonial bond and its extent to the individual forms of a marriage. The doctrine of the Church about the vicarious power over a matrimonial bond is not a dogmatic article of faith but a Catholic doctrine. From the fullness of Apostolic power, granted to the Rome Pontifex because of his office, the Pope can dissolve, if any serious reason exists, not only the marriage between two unbaptized but the marriage between a baptized and unbaptized, even though these marriage has been consummated. The doctrine is related to the Pope´s intervention as regards as dissolution of natural bond. Therefore the force of dissolution is a force of the God rather than a force of the Pope. But the Pope is a living instrument, participating as a human being with his intelligence and will. He considers possibilities to dissolve or not to disslove a bond.; he values the relevant motives to grant or not to grant the grace of a dispense as well as he consideres suitability to grant it. The relevant motive of the Pope for granting this grace of dissolution of a marriage bond is "favor of the faith" to make possible the full Christian life without remorses of conscience for an applicant or the third person.

About author

ICDr. ThDr. Jiří Svoboda was born in Prague in 1941. In the years 1958-1963 he studied Cyril-Method´s Theologicak faculty in Litoměřice. In 1966 he was ordinated as a priest. In1977 he was appointed as a judge of the Metropolitan Court in Prague. Since 1991 he has acted as a judicial vicar of the Interdioecesan Court of the Czech Church Province. From 1994 he studied canon law at the Lateran University in Rome, At this university attained the doctorate in canon law in 2000.


J. K a š n ý : The Advocate in Canon Processes

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Abstract

This article tematically follows the article "The Right of Defence in the Procedure for Recourse against Administratives Decrees (Revue církevního práva 15-1/2000). It deals with the role of an advocate generally and analyzes the role of an advocate in individual canon processes from the 7nd book of the valid code. It stresses two tasks of an advocate in canon law. The task of an advocate is giving professional advice to his clients during the collecting of materials and evidences, as well as making possible for his clients to be active participants in canon processes.

About author

Jiří Kašný, salesian and priest, studied theology under František Míša a Josef Zvěřina, canon law at the Pontifical Salesian University in Rome and the Catholic University of America in Washington, D.C. He was an assistent professor at the Pontifical College Josephinum and judge at the diocesan tribunal in Columbus, Ohio. Now he is a lector of church law at the Faculty of Theology, the Southbohemian University, in České Budějovice. He is a member of the Church Law Society.


S. P ř i b y l : The Canonic Reception of Ecumenism

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Abstract

This contribution is selected from the doctor's thesis "The Legal Provisions of Ecumenical Relations between Churches". The programme declaration for the ecumenism, expressed by the Decree of the Vatican Council II "Unitas redintegratio", is not sufficient for the development of the participation of the Catholic Church in ecumenical movement. It was to create law-binding norms for the ecumenically oriented praxis of the Church. This was provided firstly by the norms of the Ecumenical Directory, edited in two volumes, then and before all in both the valid codes, CIC/1983 and CCEO/1990. Implementory regulation is a new Ecumenical Directory (1993) whose ambiguous character the author inquires. It is to say that canon law also contents restrictive enactments, which seem to act as brakes on ecumenical relations. But is to consider these norms as provisional and expressing the contemporary character of ecumenical relations and theological dialogue between confessions.

About author

Stanislav Přibyl (1966) graduated at the Law Faculty of Charles University in 1989. Further he studied philosophy and theology in Prague and Rome at the Lateran University. At this university, he attained a licenciate in canon law in 2000. Now he continues his studies there as a postgraduate student with writing the doctor´s thesis on the theme "The Czech State Ecclesiastical Law". At the same time he is a postgraduate student at the Law Faculty of Charles University.


REVIEW 19-2/01

H. Schwendenwein: The Self-reflection of Church Law in the Present Study of Theology

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Abstract

An author describes the character of church law and its relation to legal science and theology. Further he presents the concrete requirements of teaching church law in the frame of theological studies.
The legal science whose subject is church law is a theological discipline in which legal methods are applied. Church law belongs to the area of naturalness. It is important for the life and the structure of the Church. It is co-determined by the basic theological terms of "communio" and the Incarnation. Church law is not primarily determined by other forms of human law, but by substance of the Church, i.e. by the Incarnation. There are structural elements of the Church, which precede its form. These are based on the faith and the order of nature and are characterised by stability. The church of law is not in contrary to the church of love. The church of love is based on the church of law.
When he states focuses in teaching church law at theological faculties the author doesn't omit state ecclesiastical law and the relation between the state and church in given country. He points out a complex method for better understanding church law and its application so church law is not understood as a barrier to the Church development, or as too far going reforms of the Church.

About Author

Emeritus Professor Dr. Hugo Schwendenwein, born on October, 5, 1926, in Klagenfurt, graduated in law, catholic theology and canon law. He obtained the doctorate in law at the University of Vienna, the doctorate in canon law in Rome. From 1969 he habilitated as a docent, from 1973 he holded the Chair of Canon Law at the University of Graz. From 1976 to 1979 he was the dean of the Faculty of Catholic Theology there. For many years he has been a representative of the Holy See in the Head Committee for Legal Collaborati­on of the European Council in Strasbourg. He is a consultor of the Pontifical Council for the Interpretation of Legislative Texts. From 1995 he is an ordi­nary member of the Austrian Academy of Sciences. As a author, he is known by the comprehensive commentary The New Church Law (Graz 1983, the 2nd ed. Graz 1984), edited after the promulgation of the new Church code in 1983. In 1992, the book The Austrian State Ecclesiastical Law was edited, which amounts to 882 pages. His thesis for habilitation as a docent The Formation of Priests at the Turn of Canon Law was awarded the Prise of cardinal Innitzer. The collection of his articles The Ius et iustitia, Articles on Church Law and State Ecclesiastical Law (Freiburg, Switzerland 1996, 922 p.) is to be mentioned too.


H. Marré: The cooperation of the State and Church and the State Support of Churches – a Pattern for Europe

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Abstract

An author enumerates the most important elements of the free cooperative model of the relation between the Church and State in Germany. He notices not only the traditional institutes of state ecclesiastical law as teaching religion, pastoral service in state establishments or a church tax laid down in the Fundamental Act or in the incorporated articles of the Weimar Constitution, but also the fundamental decisions of the German state. He points out the change of the understanding the relation of the State and the society to the Church and the change of understanding human rights especially. The cooperative support of the Church by the State is reasoned, among others, by the thesis about the preconditions of the State that cannot be secured by the State itself and by the thesis about an active participation of the State in the protection of human rights including the protection of a freedom of religion. The author thinks the German model of cooperation is a pattern for the other states of unifying Europe.

About Author

Professor Dr. iur. Heiner Marré was until May 1994 the promoter iustitiae of the Essen Bishopric. He is a professor of the confessional law at the Faculty of Law of the Ruhr University in Bochum. He also teaches the same branch at the Essen Priest Seminar and at the Catholic Theological Faculty of the Münster University. He is a co-founder of the Essen Discussions on the Theme State and the Church and a co-editor of the book edition of the same name, in which 32 volumes have been already published. The centre of his research lays in comparing of the confessional legal sys­tems and models of Church financing in Europe and in the U.S.A. On this theme, he gave a lecture at the Faculty of Law, Charles University in Prague, on September 5, 1996. On May 28, 1997, he was elected an honorary member of the Society for Church Law in Prague.


M. Čeplíková: The Status of Churches and Religious Societies in the Law of the Slovak Republic

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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!