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1
Content available remote Československo a Svatý stolec na složité cestě k Modu vivendi
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The article describes the relationship between the interwar Czechoslovakia and the Holy See in the light of the materials of the Congregation for extraordinary ecclesiastical affairs (Segreteria di Stato, Sezione per i Rapporti con gli Stati, Archivio Storico, Congregazione degli Affari Ecclesiastici Straordinari, fondo Rapporti-Sessioni). These materials are compared with the sources from the Czech Archives, above all from the Ministry of Foreign Affaires. They show that the diplomatic conflict that broke out in 1925 was on the brink of exploding since 1921. The Holy See perceived the legalisation of Jan Hus Day in 1925 as a key issue, whilst the Czechoslovak political leadership, especially Edvard Beneš, underestimated the situation. The Czechoslovak leadership had to find a compromise not only with Vatican diplomacy, but also with the left-leaning public opinion in Czechoslovakia. Disinformation, or shifting information was also part of the difficult negotiation on mutual compromise.
Studia Ełckie
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2020
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tom 22
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nr 4
411-424
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This article analyzes the relations between the Holy See and the Bolivian State based on the bilateral agreements signed between both parties. It also aims to mark the historical context of international treaties and their consequences for history, for bilateral relations and for today. It also investigates the new Bolivian state constitution of 2009 if it offers the faithful basic religious liberties to practice and manifest their faith publicly. It also shows us how we can use the basic human rights, subscribed in the international bilateral agreements, recognized by the state, to protect and preserve our rights to express and protect our faith.
3
Content available remote Tourism through the Eyes of the Holy See
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The Vatican's vision of tourism is based on Christian humanism, integral humanism and personalism. At the very core of the vision are human beings, who are not only the creators of tourism but also its ultimate goal, and for this reason all values of the natural world should be unconditionally subordinated to the good that are people. Consequently, the fundamental goal of tourism is to satisfy the needs of exploration, relaxation, entertainment and, first and foremost, the spiritual and intellectual needs of every person. Tourism has to help build a sense of community. It should also contribute to the elimination of poverty and foster the sense of responsibility for the environment. Tourism must not be exclusive to the rich and it should never be a time of depravity, promiscuity and, consequently, the degradation of people. Tourism should become an opportunity for all people to discover their contemplative dimension, giving them a chance to see God in nature and first of all, in other people.
4
Content available Ne-uzavření konkordátu mezi ČR a Svatým stolcem
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EN
The thesis presents the issue of the possibility of not closing the concordat between the Czech Republic and the Holy See from the historical and present point of view. It shows the development of international relations between the Czech Republic and the Holy See in terms of efforts to conclude an international treaty (and previous treaties) the socalled Concordat, which faithfully replicate the entire development of relations between the two subjects of international law. It shows the issue of the Austrian Concordat of 1855, the Concordat Modus vivendi Treaty of 1928, the draft of the new Concordat of 2002 and the secret negotiations on the new Concordat of 2014. Further efforts to self-determine clerics and believers in the Czech Republic by concluding a new international treaty can be expected. The possible conclusion of the new wording will thus be based on the current political situation and the majority consensus, perhaps, for example, as defining against Islamization in the sense of non-indigenous cultures rather than threats of terrorism. Given the current state of secularization, it can be stated that the new Concordat is not necessarily necessary at the moment, and its closure and ratification is not the order of the day.
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The Holy See is the central office of the Roman-Catholic Church and its scope encompasses all the dimensions of the Church: spiritual, theological, legal, and material. Culture is one of the areas in which the Holy See, headed by its supreme authority, the Pontiff, is particularly involved since culture constitutes the space where individuals and particular communities live. As it fulfils its mission in the modern world, the Church encounters various religions and world-views. For several decades the Church has conducted missionary activity in Africa, where about 30% of the total population are followers of traditional African religions, and the lives of 50% are influenced by them. The lack of Holy Scriptures is the distinguishing trait of these religions as the peoples observing them are illiterate. They show great respect for the elders, who uphold the tradition, and for life. Religion in Africa can be regarded as part of culture, which does not view sacrum and profanum as opposites. In the last decades of the 20th century and at the turn of the 21st century, the Catholic Church adopted the paradigm of dialogue as a means of relating to the religious tradition and the culture of Africa. While pursuing this dialogue, the Church follows the guide- lines of the Second Vatican Council (1962-1965), including the Nostra aetate Declaration on the Relationship of the Church to Non-Christian Religions. The Holy See has promulgated a number of documents referring to Africa's traditional religions and cultures. John Paul II signed the Ecclesia in Africa Apostolic Exhortation, and Benedict XVI issued the Africae munus Apostolic Exhortation.The Apostolic documents focus on various of African religions and cultures - such as family, community, ancestors, and faith in God - which can become the subject of dialogue. The documents of the Church emphasise the positive traits shared by all African religions in the sphere of religion, rituals, morals, culture and society. The Holy See proclaims documents and engages in practical activities with a view to overcoming divisions in Africa and building the community of reconciliation, the "new" Africa.
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In view of contemporary threats, the Holy See decided to adapt the law of the Vatican City State concerning intellectual property to the international standards. The new act, published on March 19, 2011, adopts the law of the Republic of Italy in this regard, providing that it is in accordance with the Law of God, canon law and all the international treaties signed by the Holy See. The new act is designed to protect the integrity of the teaching of the Bishop of Rome and the Holy See against improper commercial use, or another use that may be detrimental to the Church. The new law also protects the image and the voice of the Pope, as well as the copyright of the Holy See. The act establishes a Committee for Intellectual Property Rights, which is going to deal with matters of particular importance regarding copyrights.
EN
The Holy See (Sancta Sedes) is the specific subject of the international law. The acknowledgement of the legal subjectivity is related to the possession of the legal capacity and the capability of the legal international proceedings. The Holy See is treated as an autonomous subject which has its own rights and obligations concerning the international affairs. It has right to send and receive the minister residents (ius legationis), to enter into the international contracts (ius tractandi), to participate in the conferences and to be member of the inter-national organizations (ius foederum).
EN
The Catholic Church is a strong player in Africa, especially due to its social, medical, educational care and charity giving to African people. Diplomacy of the Holy See is also very concerned with African problems at an international forum. First of all the cause of this involvement is the increasing community of the Catholic faithful in Africa. The paper deals with a few aspects of Catholic commitment for the better future of this marginalized continent and tries to answer the question if the Catholic Church/the Holy See is the real power in Africa. However, there is not explicit answer because of special nature of this entity.
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2009
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tom 46
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nr 1
254-260
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The Vatican's vision of tourism is based on Christian humanism, integral humanism and personalism. At the very core of the vision are human beings, who are not only the creators of tourism but also its ultimate goal, and for this reason all values of the natural world should be unconditionally subordinated to the good that are people. Consequently, the fundamental goal of tourism is to satisfy the needs of exploration, relaxation, entertainment and, first and foremost, the spiritual and intellectual needs of every person. Tourism has to help build a sense of community. It should also contribute to the elimination of poverty and foster the sense of responsibility for the environment. Tourism must not be exclusive to the rich and it should never be a time of depravity, promiscuity and, consequently, the degradation of people. Tourism should become an opportunity for all people to discover their contemplative dimension, giving them a chance to see God in nature and first of all, in other people.
EN
In the first centuries of Christianity a meeting of small communities was considered as the way of resolving conflicts, making important decisions, and seeking God’s will for the community. With the increasing number of believers followed necessary decentralization of ecclesiastical structures so that dioceses could decide on administrative and organizational matters. Clergy assemblies have served these issues and we can consider them today as prefiguration of diocesan synods. Most authors believe that the first diocesan synod assembly took place in France in Auxerre in A.D 578. Over the centuries, the institution of diocesan synod experienced both the flourish moments, as well as the crises. For its definitive fixation in the canonical doctrine should be considered the treaty of Pope Benedict XIV De Synodo Dioecesana published in 1748. The value of the diocesan synod as a legal institution has been confirmed by the Second Vatican Council, which in the Decree Christus Dominus has expressed the wish of synodal fathers that the institution will take on a new life and serve the Church in modern times. The current legislation concerning the diocesan synod is contained in the Code of Canon Law (c.  460-468), as well as in the Instruction of the diocesan synods issued in 1997 by two Vatican congregations. In Poland since the promulgation of the Code in 1983, until the year 2012 31 diocesan synods were held. Some of them took place in the days of communism, the other in a free Poland, which also had an impact on their course. In addition to many historical, ecclesial and pastoral circumstances particularly important was the influence of St. John Paul II,who personally participated in the opening or closing of some diocesan synods.
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The publication refers to the creation of the Vatican City State. It presents the history of “The Roman Question” (la questione romana) which began on September 20, 1870 when the army of the King of Italy, Victor Emmanuel II conquered Rome, capital of the Papal States. It then describes the evolution of Italian politics and the relations of Benito Mussolini and Italian fascism to Pope Pius XI, the Holy See and the Catholic Church. The author reconstructed the secret negotiations led by Francesco Pacelli (Holy See) and Domenico Barone (Italy) which ended in signing agreements. At the end it describes the provision of the Lateran Treaties and the course of their ratification.
EN
In the article I explain certain aspects of the longstanding jurisdictional and property conflict between the Territorial Abbey of St. Martin on Pannonian Mountain (Hungary) and the Trnava Archdiocese (Slovak Republic). Based on an analysis of existing historical documents it is justified that the withdrawal of consent to the pastoral action of the Hungarian Benedictine monastic House in Komárno by Archbishop Ján Orosch was fully in accordance with canon law. The main reason was that the House in Komárno was not an independent house sui juris, and proper religious life was not practised there. This fact was confirmed by a decree of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life in November 2015.
EN
In the history of relations between the Argentinean government and the Holy See, two ideas are permanently intertwined: signing the Concordat and defending national patronage. The changes that occurred in the 1960s indicated that exercising the right of patronage, based on the principles outlined in the Constitution, was impossible, and the peaceful establishment of the principles of bilateral relations could only be indicated through an international agreement. The Concordat signed by Argentina in 1966 removed the national patronage, but the changes to the content of the Constitution were introduced only in 1994. The aim of the study is to show the concordat agreement concluded in 1966 by Argentina with the Holy See as an example of an international agreement. The main focus is the presentation of concordat standards for the institution of patronage. Due to the subject and purpose of the study, the work uses methods typical of social sciences in the legal science discipline. The dogmatic-legal method is the basis for consideration of the Concordat as a source of Argentine law, and as an auxiliary method, the historical-legal method was used to show the historical background of the presented issue.
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The teaching of John Paul II undoubtedly became a great provocation for the contemporary thinking of man due to its skillful and innovative treatment of a unique event which has been at the centre of the life of the Church for more than two thousand years and which presents a specific opportunity for any man who wants to cope with his own fate. The Pope offered as the essence of his evangelizational message Christianity presented in its completeness, as a phenomenon which cannot be reduced and compared to any form of ideology. Moreover, such Christianity is capable of exerting a creative influence upon man and providing him with a new form of culture. (We may venture an opinion that the entire magisterium of John Paul II is suffused with two kinds of wonder: the wonder of humanization and the results of humanization i.e. the transformation of man). The magisterium of John Paul II should be viewed as a pursuit to renovate the original identity of the Christian faith, a pursuit to promote the Church in it missionary function, a pursuit of a versatile development of the feeling of responsibility for the defense and promotion of human rights and collaboration to maintain peace. Not only did the Polish Pope supplement the output of the social teaching developed by his great predecessors, but he also enhanced it by the idea that the defense of the missionary freedom of the Church and of the Church itself was also associated with an unconditional defense of freedom and the rights of people and nations. This defense entailed the pursuit of such a social order on all levels, from the national level up to the global level, in which the human person would occupy the central position and would constitute a definitive value, irreplaceable by any other value. In one of his most famous social encyclicals entitled Centesimus annus, the Pope clearly emphasized the idea that by defending its own freedom, the Church defends man who should be more obedient to God than to other men, the family or various social and national organizations which enjoy their own sphere of autonomy and sovereignty. Today, more than anytime else, this line of thought finds justification not so much in the confrontation with overtly totalitarian ideologies, but in the struggle with ideologies which seem less bloody in comparison with past ideologies. However, according to such ideologies the human person and the rights of people and nations are systematically rejected in the name of the realization of a project of economic and scientific‑technocratic globalization. By continuing the tradition of his predecessors on St. Peter’s throne in the sphere of social teaching, John Paul II introduced one fundamental innovation. When the great ideologies saw their end, he realized that the social teaching of the Church should above all increase its interest in man in his religious and secular therefore natural dimension. This increased interest should be associated with the care about his fundamental rights. The teaching and the activity of John Paul II made the social doctrine of the Church more authentic and even more engaged in the cause of evangelization today than ever before. The Church “practises” or suggests a social doctrine because it desires to fulfil its evangelizational mission completely. At the same time, it meets man in various historical contexts which are objectively difficult to cope with. The Church was engaged in the consideration of all political problems of the world with a freedom which no other institution enjoys. John Paul II spoke to individual people and to nations who lived in various conditions and various situations, to friends and enemies, without a preemptive estimation of possible reactions, including the reactions of the greatest powers on Earth. He did so for the good of mankind, to help mankind maintain its complete humanity. Man is the fundamental value which is subject to no negotiations. God is another value which is subject to no negotiatons because he reveals the true nature of man. We may surmise that with the long course of John Paul II’s pontificate we witnessed a new phase of the development of the social doctrine of the Church. Above all with the arrival of the third millennium the Church is more and more engaged in the problems of the modern word.
15
Content available remote Nieważność i wygaśnięcie konkordatu polskiego z 1993 r.
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From time to time, there is a proposal in the public debate in Poland to break the 1993 concordat, and this has also recently been the case. However, in the current systemic and political reality of contemporary Poland, the issue of the invalidity or expiry of the Polish concordat is one purely for theoretical (academic) discussion. It is worth analyzing this through the prism of the Vienna Convention on the Law of Treaties of 1969 and the Constitution of the Republic of Poland of 1997. The only hypothetical grounds for an annulment of the 1993 Concordat would be the allegation that it was concluded in violation of Art. 46 of the Vienna Convention, i.e. in breach of the rules of national law concerning the competence to conclude a treaty of fundamental importance. The Government of the Republic of Poland did not raise this objection within a reasonable time. There are also no circumstances that could constitute obvious reasons for considering the Polish concordat of 1993 as expired. One might try to defend the position that the concordat may be terminated unilaterally, despite the fact that it does not contain an appropriate clause in this regard. It can be compared to a friendship treaty. Such contracts are, by their very nature, subject to termination. It also seems that if need be, the Polish side might be able to terminate the concordat due to a fundamental change in circumstances, e.g. by referring to the rapidly progressing secularization process of Polish society. A very serious barrier to the termination of the concordat by the Polish side is the Constitution of the Republic of Poland of 1997. In Art. 25 sec. 4 it provides for the obligation to define the relations between the state and the Catholic Church, especially in the form of an international agreement with the Holy See. The hypothetical termination of the 1993 concordat would require prior appropriate amendment of Poland’s constitution and the consent of a number of state bodies. In the current legal situation in Poland, the termination of the treaty with the Vatican is very difficult in procedural terms, and is politically unrealistic.
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The Concordat between the Holy See and the Republic of Poland was signed in 1993, but ratified in 1998. Year 2013 marks the 15th anniversary of coming into effect of the bilateral agreement. It is a good opportunity to evaluate its provisions. The paper aims to present one of the pieces of evidence from art. 10 sect. 1 no. 3 of the Concordat, namely, the evidence for registering canonical marriage in the State Civil Registry so that the marriage would be a subject to such effects as a marriage contracted according to Polish law. From the interpretation of the provision in question and application of its norms there arise some theoretical and practical problems. The author tries to solve them and give some postulates de lege ferenda so as to make the law more clear.
EN
In a relatively short pontificate of Pope Benedict XV we can distinguish two stages: the First World War and the first years after its end. To a certain extend the war determined the character of the Pope’s activities, who during the war took measures to stop the fights between the parties of the conflict and after the war he fought to strengthen the position of the Catholic Church in new circumstances. In this way the Pope wanted to prevent the Church dependence on a state or rather a group of states, which wanted to have influence on the life of the Church and the faithful. It can be said that the actions taken by Pope Benedict XV allowed the Church to avoid it.
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Content available remote Pavel VI. a evropská společenství v letech 1963‒1978
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The objective of this study is to describe Pope Paul VI’s European integration policy. From the 1950s, the Vatican had been one of strongest advocates and promoters of the idea of European integration. Pope Pius XII had been a convinced federalist and supported every pro-European initiative. During John XXIII’s pontificate, the topic of European integration was put temporarily on the backburner, but under Paul VI it once again became a fairly common topic of the Pope’s speeches. Paul VI built on the traditions of Pius XII and defended a strong European identity, demanded the weakening of state sovereignty and a bolder role for the European Community in development and humanitarian aid, including taking on a peace-keeping role in the world. This research draws mainly on documents contained in Acta Apostolicae Sedis.
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This paper analyzes political activities of Count M. Tyszkiewicz. The author sets out from an overview of his descent, academic education, and family relationship. Particular attention is devoted to Tyszkiewicz’s involvement in political affairs, formation of his views, as well as social and political undertakings. Another element highlighted here is Tyszkiewicz’s activity as a patron, his contribution to the development of Ukrainian and Polish culture, and relations with Ukrainian politicians and writers at the turn of the 20th century. Furthermore, the author discusses his diplomatic achievement as a representative of Ukraine to the Holy See and the peace conference in Paris. Based on a study of correspondence between Tyszkiewicz and Ukrainian politicians, the author emphasizes his commitment to the Ukrainian cause on the international scene and efforts to seek recognition of the Ukrainian state.  
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