Nuncio Pacelli, on behalf of the Vatican, transmits to the Bavarian Government a 19-point proposal for a new Bavaria-Vatican Concordat - Feb. 4, 1920
Source: Timeline
Feb. 4, 1920 Nuncio Pacelli, on behalf of the Vatican, transmits to the Bavarian Government a 19-point proposal for a new Bavaria-Vatican Concordat.
Source: Lydia Schmidt, Kultusminister Franz Matt (1920-1926) [Education Minister Franz Matt] (2000), pp. 197-198. German original at online Pacelli-Edition, Document No. 6617
Feb. 4, 1920 19-Point Memorandum of Pacelli, “Punktation II”:
1. The Church has the full and free right to appoint to all Church offices without involvement of the State or the Communiities. The private Patronato right remains preserved intact, to the extent that it is still lawful according to the provisions of Canon Law.
2. For the appointment of professors of the theological faculties in the universities, there must be advance consent from the Diocesan Bishop.
In consideration of students of philosophy who intend to devote themselves to the study of theology, there shall be employed in the philosophical faculties of the Universities of Munich and Würzburg at least one professor of philosophy and one professor of history whose Catholic standpoint is sound in the judgment of the Diocesan Bishop.
3. Professors in the Lyceums are appointed by the Government upon the recommendation of the Diocesan Bishop. In their internal administration the Lyceums are subject to the Bishop.
4. Religious instruction remains in all middle schools a subject of the curriculum. The religion teachers in these schools will be appointed, upon the Bishop’s recommendation, by the Government, which provides the necessary means for them.
5. Professors of the theological faculties and lyceums, and religion teachers whom the Diocesan Bishop considers incapable or unsuited to continue in their teaching position by reason of their doctrine or moral conduct will be removed from their position.
6. The State provides for a sufficient number of Catholic male and female teacher training institutes. Teachers who want to be employed in Catholic schools must attend these institutes and participate in religious instruction during their entire time of formation.
The private teacher training institutes are on an equal basis with the governmental ones, if they fulfill the same requirements.
7. For access to teaching positions and for employment in primary schools or higher teaching positions, members of orders and religious congregations will be subject to no different requirements than lay persons.
8. In all Communities where parents or others responsible for childrearing submit a proposal, Catholic elementary schools must be erected, insofar as a sufficient number of students is reported for them.
9. In all primary schools religious instruction remains a subject of the curriculum in its previous dimensions. For students in the primary schools as in higher learning institutions, opportunity must be given for the fulfillment of their religious obligations.
10. Oversight of religious instruction and religious-moral life in the primary and middle schools belongs to the Diocesan Bishop. He exercises it either directly in his own person or via his delegees. The Bishop submits his complaints, based on observations made, or his proposals, to the State Government, which effects what is necessary to resolve them.
11. Orders and religious congregations are authorized, under the general legislative provisions, to found and conduct private schools. These private schools give the same titles as the governmental ones.
12. The Bavarian State will fulfill for the future its property-law-based obligations resting on law, treaty or particular title of right toward the Catholic Church. Expressly declared as such titles of right are, among other things, the Herkommen agreement, the Concordat of 1817 and the property-law-based obligations recognized by the Reich Deputation Main Committee itself. In the discharge of these obligations, the Bavarian State will take into account changes in the value of money and actual needs, and especially the so-called facultative and revocable State subsidies. Payments must occur in a form that avoids the effects of a rapid devaluation. Moreover, those Concordat-imposed obligations that the State has formerly not fulfilled or not sufficiently fulfilled will also be taken into consideration.
13. Governmental buildings and real estate that currently serve Church purposes directly or indirectly will be left to the Church free of charge for continuing and unrestricted use. The State will fulfill its obligations for building maintenance in their previous dimensions for the future and will take responsibility in cases of need for new buildings.
14. The Church’s property and its property rights remain secured forever.
15. The Church has the right to raise taxes. The State will raise these taxes together with State taxes in return for equitable compensation.
16. For the army, penal institutions and caring institutions as well as hospitals, a regular pastoral care will be set up. To the extent institutions of the Bavarian State are involved, it will provide the necessary means to support pastoral care and worship.
17. The State undertakes the obligation to recognize the order of Church authorities within the sphere of their competence and in case of need for implementation of the same, guarantees its support whenever this is requested.
18. In the exercise of their office, clergy enjoy the protection of the State, which will not allow, but rather punish, calumnies against their person and disturbances of their conduct of office.
19. Orders and religious congregations can be freely founded and are subject to no restriction by the State in relation to their establishments and the number of their members. To the extent they have previously enjoyed the rights of a public corporation, these remain guaranteed to them; the others acquire and retain legal capacity or the rights of a public corporation according to provisions of law that are applicable to all citizens or societies. Their property and their other rights are guaranteed to them. They administer their property and order their affairs independent of the State.
Source: Pacelli-Edition.de, Dokt. No. 6617