Baden Concordat
The Baden Concordat is a state church treaty that was concluded on October 12, 1932 between the Republic of Baden and the Holy See .
Subject of the contract
The Baden Concordat was intended to regulate relations between the Roman Catholic Church in Baden and the Baden state on a permanent basis. According to the provisions of the constitution of the German Empire and the constitution of the Baden state on religious freedom , freedom of belief and the free exercise of the Catholic denomination were placed under state protection. Furthermore, the territory of the Archdiocese of Freiburg , as emerged from the circumscription bulls Provida solersque of August 16, 1821 and Ad Dominici gregis custodiam of April 11, 1827, was confirmed and the organizational structure of the Archdiocese of Freiburg resulting from these documents was essentially confirmed or new customized.
Cathedral chapter
The Concordat confirmed the Freiburg cathedral chapter as Metropolitan Chapter and determined that it was from the two dignities of provost and Domdekan and five, each with a resident canon occupied Kanonikaten composed, the part of the Archbishop turns freely after hearing or with the consent of the chapter to be occupied. Furthermore, the Concordat stipulated the number of four non-resident honorary cathedral capitulars, who were also appointed by the archbishop alternately after hearing or with the consent of the cathedral chapter. The confirmation of the cathedral provost and the cathedral dean was reserved for the Holy See, who were to be appointed alternately at the request of the archbishop in consultation with the cathedral chapter and the request of the cathedral chapter in agreement with the archbishop.
Bishop election
In the event of vacancy in the Archdiocese of Freiburg, the cathedral chapter was granted the right to propose by submitting a list of suitable candidates to the Holy See. In addition, the incumbent archbishop should present a list of suitable successors to the Holy See annually. In consideration of these lists of candidates, the Holy See draws up the Terna (proposal of three) , which should always contain at least one candidate from the Archdiocese of Freiburg and from which the cathedral chapter elects the archbishop in a free and secret ballot. Both in the preparation of the list of candidates and in the election, the non-resident canons of honor may participate on an equal footing with the resident cathedral capitulars.
After the election, the Holy See is obliged to ascertain before the appointment of a new archbishop at the Baden State Ministry "whether the state government has concerns about the same of a general political, but not of a party-political nature." (Art. III, 1)
Diocese organization
The Archbishop of Freiburg is assured of complete freedom in the establishment, conversion and filling of church offices. In addition, he may "independently regulate property matters of the Catholic Church in Baden and its corporations, institutions and foundations through its own statutes [...] and administer them in accordance with these statutes" (Art. IV, 3) and in accordance with the provisions of the Weimar Constitution and the Baden state constitution collect church taxes. Furthermore, property rights are guaranteed to the archbishopric and other Catholic institutions (e.g. religious orders ). State grants are also set for the archbishop and cathedral chapter.
education
The state guarantees the continued existence of the Catholic Theological Faculty at the University of Freiburg in the form that existed when the contract was signed. For the appointment of professors of the faculty, the Catholic Church is granted a right of objection in the sense of the Nihil obstat , so that an appointment is waived in the event of church complaints. The archbishopric also has the right to run a convent and a seminary .
Catholic religious instruction remains a regular subject in accordance with the Weimar Constitution.
Contract signature and ratification
The Baden Concordat was signed (together with a final protocol) on the church side by Cardinal State Secretary Eugenio Pacelli and on the state side by President Josef Schmitt , Minister of Education Eugen Baumgartner and Minister of Finance Wilhelm Mattes on October 12, 1932 in Hegne near Konstanz . In addition, on 7./10. November of the same year, an additional protocol was drawn up, which is part of the Concordat. On December 9, 1932, the state parliament of the Republic of Baden approved the "Act on the Treaty (Concordat) with the Holy See". The Concordat was ratified on March 10, 1933 . It was the last official act of the Baden state government before it was ousted by the National Socialists.
Extension of the scope of the Baden Concordat to other dioceses
Article 14 of the Reich Concordat of 1933 extended the provisions of the Baden Concordat regarding the occupation of the bishopric to include the diocese of Mainz (→ Mainz cathedral chapter ), the diocese of Rottenburg and the diocese of Meißen . In addition, it should also be used in the dioceses of Mainz and Rottenburg for the composition of the cathedral chapter. These provisions are also currently valid for the dioceses mentioned.
Web links
literature
- Susanne Plück: The Baden Concordat of October 12, 1932 (= publications of the Commission for Contemporary History. Series B: Research. Vol. 41). Matthias-Grünewald-Verlag, Mainz 1984, ISBN 3-7867-1112-7 (also: Bonn, University, dissertation, 1982).
- Weber, Werner (Ed.): The German Concordats and Church Treaties of the Present. Text output with the official justifications as well as supplementary provisions, comparative overviews, references to literature and a subject index. Volume 1. Vandenhoeck & Ruprecht, Göttingen 1962.
