Treaty between the state of North Rhine-Westphalia and the Holy See

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The contract between the state of North Rhine-Westphalia and the Holy See dated March 26, 1984, also known as the Düsseldorf Treaty , is a state church law agreement to which the state parliament of North Rhine-Westphalia approved by law of September 18, 1984. The contract and the final protocol entered into force on January 1, 1985.

The Holy See was when concluding the contract in the North Rhine-Westphalian capital Dusseldorf by Guido del Mestri represent the state of North Rhine-Westphalia by Prime Minister Johannes Rau .

The subject of regulation is the freedom of Catholic theologians to teach at the state universities of the country, in particular an agreement on the application of Article 12, Paragraph 1 of the Treaty of the Free State of Prussia with the Holy See of June 14, 1929 ( Prussian Concordat ) with regard to the entry into force of the Higher Education Framework Act of June 26 , 1929 January 1976 and the merger of the universities of teacher education with the other scientific universities of the state of North Rhine-Westphalia.

Content and meaning

The state of North Rhine-Westphalia is the only state in Article 23 of its constitution to expressly recognize the continued validity of the Prussian Concordat and its regulations on the law of the theological faculties.

A further development of this concordat had already taken place in the treaty of the state of North Rhine-Westphalia with the Holy See of December 19, 1956, supplemented by a "Consensual Interpretation between Church and State" from 1979.

In the Düsseldorf Treaty, with effect from January 1, 1985, the regulations of the Prussian Concordat were extended to include the lecturers at the Catholic-theological faculty of the newly founded Ruhr University Bochum and those involved in the restructured training of religious teachers.

The contract regulates both the right of the bishop to have a say in the appointment of chairs in the Catholic theological faculties, the so-called nihil obstat, as well as the procedure for possible complaints and replacement as well as the legal status of lecturers who are outside the Catholic theological departments in teacher training are active. For both groups of people, the Prussian Concordat is ultimately decisive.

According to § 80 of the North Rhine-Westphalian Higher Education Act (HG), the Düsseldorf contract is not affected by the HG law.

Web links

Individual evidence

  1. ^ Law on the contract between the state of North Rhine-Westphalia and the Holy See GV. NW. 1984 p. 582.recht.nrw.de, accessed on July 26, 2018
  2. ↑ Applicable laws and ordinances ( Memento from February 19, 2020 in the Internet Archive )
  3. ↑ Treaty of the Free State of Prussia with the Holy Chair (Prussian Concordat) of June 14, 1929 (Prussian Law Collection, p. 152), working materials on state church law on the website of the University of Trier, p. 576
  4. ^ Treaty of the State of North Rhine-Westphalia with the Holy Chair of December 19, 1956, working materials on state church law on the website of the University of Trier, p. 795
  5. ^ Reference: Joseph Listl : The Concordats and Church Treaties in the Federal Republic of Germany II , pp. 272–295
  6. ↑ Eric W. Steinhauer : The freedom of teaching Catholic theologians at the state universities in Germany. Univ.-Diss. Münster 2006, p. 172 ff.
  7. ^ Law on the universities of the State of North Rhine-Westphalia of September 16, 2014. GV. NRW. S. 547.recht.nrw.de, accessed on July 26, 2018