From the Church Law Society


New Leadership of the Brno Chapter of the Church Law Society Appointed


On 18 September 2010 the working committee of the Church Law Society accepted the resignation of JUDr. Michal Lamparter, Ph.D., the chairman of the Brno chapter of the Church Law Society. The committee thanked Dr. Lamparter for his work in the leadership of the Brno chapter since its establishment on 20 September 1995, and especially for his involvement in the meetings and conferences that he organized.


On the same day the committee appointed JUDr. Kateřina Šimáčková, Ph.D., chairman of the Brno chapter, and Mgr. Petr Jäger, vice-chairman of the chapter.


The 20th Anniversary of the Reintroduction of Church Law Courses at the Law School of Charles University


7 October 2010 marked the 20th anniversary of the fi rst lecture on church law at the Law School of Charles University after the 40-year period of forcible interruption by the communist regime.


JUDr. Jiří Rajmund Tretera was appointed on 15 September 1990 to teach church law and has been teaching church law at the School ever since. He was appointed associate professor in 1993 and in 2006 became full professor of legal history. Since the 1990s he has taught fi ve courses in the areas of church law and state law on churches and religious societies.


The Church Law Society celebrated its 20th anniversary during the 62nd discussion evening organized by the Prague chapter at the Law School of Charles University on 29 November 2010. During the evening JUDr. Záboj Horák, Ph.D., the vice-chairman of the Society, thanked Professor Tretera on behalf of his students, and on behalf of the Society presented him with a silver medal and commemorative certifi cate.


The 62nd Lecture of the Lecture Series


The Effects of Law on Society and the Church


The 62nd Lecture of the Lecture Series The Effects of Law on Society and the Church took place in room 220 of the Law School of Charles University in Prague on 29 November 2010 at 5 pm. ICLic. Vojtěch Kunčar, a judge of the Metropolitan Church Court in Prague, discussed Mental Immaturity as a Ground for Incapacity to Enter into Marriage and Its Application in Canon Court Proceedings; a lively discussion followed his presentation.


Congratulations to the Members of the Church Law Society


JUDr. Stanislav Přibyl, Ph.D., ICD, was appointed an associate professor at the Law School of Trnava University in Trnava, Slovakia, following his successful defense of his work Tschechisches Staatskirchenrecht nach 1989 (Czech Law on Churches after 1989), which was published by L. Marek Publishing House in Brno in 2010.


In 2010 the fi rst complete Czech edition of the law of concordats was published; it was authored by doc. dr. Damián Němec and is entitled Holy See Concordats with Postcommunist Countries (1990–2008). The book was published by the Institute for State-Church Relationships in Bratislava.


Commentary on the Law on Churches and Religious Societies by Mgr. Jakub Kříž was published in 2010. A presentation of the book took place at the CEVRO Institute at Jungmann Street 17 in Prague 1 on 21 December 2010. Among the speakers were Professor JUDr. Helena Válková, on behalf of C.H. Beck Publishing House; Mons. Václav Malý, on behalf of Prague Archbishop Mons. Dominik Duka; Mgr. Joel Ruml, Synodal Senior of the Evangelical Church of Czech Brethern; JUDr. Tomáš Kraus, secretary of the Federation of Jewish Communities in the Czech Republic; Professor JUDr. Jiří Rajmund Tretera; Professor JUDr. Antonín Ignác Hrdina, DrSc., ICD; and Professor JUDr. Dušan Hendrych, CSc. The presentation was moderated by JUDr. PhDr. Petr Kolář, Ph.D.




It is with a great sorrow that we announce that R. D. doc. PhDr. Ing. Miloš Raban, Th.D., a director of the International Center for Spiritual Rehabilitation at Hejnice, a secretary of the Assembly of the Czech Catholic Church, a senior lecturer of the Technical University at Liberec, and a member of our Society, died on 7 January 2011.


It is with a great sorrow that we announce that Ing. Jana Mindlová, CSc., a founder member of our Society, fi rst editor of the Church Law Review, a longtime deputy of a chairman, and in contemporary a member of the executive board, died on 17 January 2011. We remember her effective help and advices during all the time of our Society. She helped persistently for the foundationGood Work of the Sisters of Charity of St. Charles Borromeus” and the Czech Christian Academy.


Requiescant in pace!

Brief News


Omnium in mentem Enters into Effect


As reported in the Bulletin of the Church Law Society in January 2010, the motu proprio Omnium in mentem by Benedict XVI dated 26 October 2009 was presented on 15 December 2009. The motu proprio amends the Code of Canon Law in two respects. At the time the Bulletin was published there was no information available about the date of promulgation or the effective date; we promised to report more details as soon as they became available.


The motu proprio was promulgated by publication in the AAS on 8 January 2010 and the amendments that it introduced became effective three months after publication – on 9 April 2010.


In the area of family law the motu proprio means that as of 9 April 2010 a Catholic who by formal act leaves the Catholic Church will continue to have an obligation to marry in the canon form. The prior law continues to apply to marriages celebrated between 27 November 1983 and 8 April 2010. Details of the amendment may be found in the overview Amended Canons of the Code of Canon Law prepared by Docent dr. Damián Němec, OP, of Palacký University in Olomouc, which can be found in the Documents in this issue of the Church Law Review.


The Tribunal of the Roman Catholic Archdiocese in Prague for Preparations of the Petrinum is Established


According to a report published in Acts of the Prague Archdiocese No. 10/2010, Prague Archbishop Mons. Dominik Duka issued a Decree on 15 September 2010 in which he appointed for a three-year term a tribunal to investigate requests for Papal dispensation to annul marriages in favor of the faith in cases where the Prague Roman Catholic Archdiocese has jurisdiction.


European Consortium for Church and State Research, Trier 2010


The XXII annual congress took place on 11–14 November 2010 in Trier, Germany; the topic was Religion in Public Education. The congress was attended by 35 representatives from 23 European Union countries.


A reporter from each country submitted a country report several months before the congress took place; Professor Jiří Rajmund Tretera and JUDr. Záboj Horák submitted the report and contributed to the discussion for the Czech Republic. The congress was opened by the host, Professor Gerhard Robbers of the University of Trier; the keynote speech was presented by Professor Norman Doe, President of the Consortium and Director of the Centre for Law and Religion at the Law School of the University of Cardiff. Three discussion sessions took place on Friday, 12 November 2010, and Saturday, 13 November 2010. The fi rst session, entitled General Aspects of Religion and Education in the Secular State, was introduced by Professor José de Sousa e Brito from Lisbon; Professor Balázs Schanda from Budapest led the discussion. The second session, entitled Opting Out in Religion and Education, was introduced by Professor Norman Doe from Cardiff; Professor Marco Ventura from Sienna led the discussion. The third session, Religious Dress and Symbols, was introduced by Dr. David McClean from Sheffi eld; Professor Lisbet Christoffersen from Copenhagen led the discussion.


The general assembly elected Professor Matti Kotiranta of the University of Eastern Finland as president of the Consortium for the upcoming year. The next congress will take place in Oxford on 29 September 2011; in 2012 the congress will be in Copenhagen, and in November 2014 in Innsbruck. Publication of all country reports and other contributions was discussed.