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Polityka konkordatowa Stolicy Apostolskiej

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EN
The article focuses on the most significant stages in the historical evolution of the concordats. The historical approach enhances the understanding of the development of the relations between state and the Church. The author briefly analyses the development of the institution stretching back to the twelfth century (Concordat of Worms) and then concentrates on the twentieth century, especially from the pontificate of Benedict XV through the Second Vatican Council to the present day.
PL
A dynamic development of politics and international European relations makes the analysis of them considerably more difficult . Current research and analytical interest in it concentrates on the process of so-called European integra-tion . The European Union is an epitome of a specific vision of humanity and a model of a society having a specific attitude towards certain values, in particular: systems of protecting human rights, respect for religious and cultural differences and dynamic economic development . The Holy See is not only a passive onlooker of civilisation changes . Concern for common welfare and peace keeping between particular nations was, is and always will be its priority . That is why it undertakes various forms of cooperation with international organisations . One of them is an eager interest and participation in European integration processes . The key and universal value connecting international organisations and the Holy See is still an inborn human dignity, which unites integration urge of many nations
EN
As a legal instrument the concordat is closely related to the European culture and tradition. It has its origins in the idea of dualism of politics and religion which accompanied the onset of Christianity in the Roman Empire. As an institution it came into existence in the Middle Ages and evolved considerably over the centuries. The international codification of human rights as well as the doctrinal output of the Vatican Council II exerted considerable influence on the present shape of the concordat. Today it serves as a tool for regulating the relations between the state and the Roman Catholic Church which is represented by the Holy See. The concordat aims to define more precisely the guarantee of religious freedom in both the individual and the community dimension in the way adapted to the needs of a particular country.
EN
The article concentrates on the extensive discussion relating first Polish concordats, implemented before the partitions. The contents of the concordats were the reflection of the then Holy See policy towards Poland. This article aims to present concordats from the historical point of view as documents regulating bilateral relations between Holy See and Poland.
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Kontrowersje wokół polskiego konkordatu

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EN
This article concerns discussion over controversy which accompanied preparations to signing of such specific international agreement as concordat is, between Polish State and the Holy See. After the period of annexation the Polish State signed in 1925 with the Holy See agreement that lost its binding force after the communists seized power in Poland in 1945. The Provisional Government of National Unity referred then to infringement of one of the concordat’s regulations by The Holy See and terminated the agreement. Many times in following years communist authorities tried to enter into diplomatic relations with the Catholic Church on their own conditions but every time the talks ended in failure. After gaining the independence in 1989 the Polish State faced the need not only to write and enact new constitution but also a new agreement with the Holy See which should have empowerment in this new constitution. Government of Hanna Suchocka brought into effect the signing of new concordat with the Holy See exposing by this themselves to many charges of legal and constitutional nature.
XX
The earliest mention of relations between the Holy See and Mieszko's I country is the text found on the nonexistent Bolesław Chrobry's tomb. This text speaks about sending young Bolesław Chrobry's heir to Rome, which in usually idnetified with Mieszko's son, possibly held as a German hostage in 973. The connection between the Holy See and Polish missionary bishop Jordan, who was directly answerable to the Pope, is seen as being problematic. Middle-aged sources tell us that Jordan was established as bishop in Mieszko's I country in 968, but it is thought that he was ordained Bishop in 967. It is connected with the handing to Otto I, a sword that belonged to the Saxon rebel Wichmann the Younger. The author tries to connect the choosing of Jordan with the establishment of the archbishopric of Magdeburg. There is evidence that Jordan's nomination happened during synod in Ravenna in April 967. During that synod, the organization of Church structures in Slavic countries was carried out. Because only the Pope could issue the license to prosylete the pagans, the author believes that relations were established before the baptism of Mieszko I.
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Jan Paweł II i ekumenizm

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EN
A turning point for the approach of the Catholic Church to the question of the unity of Christians was brought by the Second Vatican Council which began in 1962. Observers from Churches and separate communities were invited to participate in the Council. The events which illustrate John Paul II’s engagement toward the reconciliation of Christians i.e. the Encyclical Slavorum Apostoli (2.06.1985), The apostolic Letter Orientale lumen (2.05.1995), The Encyclical Ut unum sint (25.05.1995), The Declaration Dominus Jesus (6.08.2000). The inauguration of the Anniversary Year of 2000 in the Basilica of Saint Paul Outside the Walls and the “Ecumenical Remembrance of the Witnesses of Faith of the 20th Century” as crucial events in the field of the reconciliation of Christians. The ecumenical contacts with the Orthodox Church. The first of such contacts was John Paul II’s visit to Istanbul in 1979 and the meeting with the ecumenical patriarch of Constantinople, Dimitrios. Further meetings with the representatives of the Orthodox Church took place: in 1987 in the Vatican; in 1991 during the Synod of the Bishops of Europe; in 1994 the solemnities of the Station of the Cross on Good Friday were attended by the Patriarch of Constantinople, Bartholomew I; in 1999 John Paul II visited Romania. The contacts with the Russian Orthodox Church, which sometimes was not satisfied with John Paul II’s contacts with e.g. Georgia in 1999, the Ukraine and Kazakhstan in 2001. The pope never made a visit to Russia due to the lack of consent on the part of the Orthodox Church. The history of Archbishop Marcel Lefebvre and the Society of of Pius X. With the establishment of the Society Lefebvre started to openly oppose the decisions of the Second Vatican Council. When he began to illegally confer Holy Orders in 1976, Pope Paul VI divested him from the authority of executing episcopal duties. John Paul II is presented as an indefatigable champion of ecumenism. He was a remarkable guide in this journey, he never lost sight of his goals and he set out directions of action. His appreciation of the current situation was also accurate.
EN
The article contains an analysis of the Polish Concordat of 1993, ratified during the stage of transition from communist totalitarianism to liberal democracy. The key elements of these transformations include the change of the system of relations between the Church and the state which consisted in the transition from an atheistic regime – based on the principle of “hostile separation” – to a democratic secular state – based on the principle of “friendly separation” – referred to as “coordinated separation” due to the application of the instrument known as the concordat. In a speech held in the Vatican on 25 March 1998, Pope John Paul II claimed: “[…] The Concordat is a challenge to everyone to whom the future of Poland is dear and to those who feel a responsibility toward Her fate. It is a great opportunity and a great task for the present and future generations”. The Author employed the phrase “the stabilizing functions of the concordat” to refer to these “opportunities and tasks”. In order to explicate his line of thought he described the following: the concept of the concordat and its function, the position of the concordat in the hierarchy of the sources of law, the extent of issues regulated by this document and the bases of its effectiveness in the Polish system of law. Due to the extent of issues regulated by the Polish Concordat, it is a holistic concordat. The objects of its regulation include: the fundamental principles of the relations between the Church and the state, the confirmation of diplomatic relations, guarantees of respecting religious freedom on institutional and individual levels in public life (Art. 3‑27). The norms inscribed into the Concordat of 1993 are mostly a confirmation of the norms which functioned at the moment when the document was ratified. Due to the ratification of the Concordat the Polish legislator cannot introduce such norms to the system of the law of the country which would be contradictory to the norms inscribed into the Concordat without an agreement with the Holy See or the Polish Bishops’ Conference, the latter acting on the basis of a mandate of the Holy See. An important factor of the stabilizing function of the Concordat is the method of drawing up legal regulations. This has to do with clauses which refer to other normative acts belonging to the system of Polish law, to the system of canon law, or to future bilateral agreements, contracted on the central level (between the Holy See and the supreme organs of the authorities of the State), or on the local level (between the Polish Bishops’ Conference and the representatives of the Government of the Republic of Poland). This Concordat contributed to the increase of the level of stabilization of direct relations between the Catholic Church and the State in Poland. The document also played indirectly the role of promoting other religious associations. According to the principle of equality of Churches and other religious associations (Art. 25, Par. 1 of the Constitution of the Republic of Poland), there occurred an extension of guarantees inscribed into the Concordat which had to do with other religious associations. This extension was brought about thanks to the employment of auxiliary concordat agreements consisting of individual acts promulgated on the basis of agreements that were negotiated by the government with the representatives of these associations.
EN
The beginnings of the concordat policy of the Holy See, the changes in the Codex of Canon Law which took place after the First World War. The period in which many countries broke agreements with the Holy See. This period began ca. 1922 due to the emergence of the United Soviet Socialist Republics and all of the countries which were subordinate to it after the Second World War. The regulations of mutual relations between the Catholic Church and the state, which was used to be set out in concordats and international agreements, was replaced by state legislation of various standards, and the administrative supervision over all of the religious denominations was entrusted by passing an act of law was entrusted to the Office of Religious Denominations. The latter was furnished with broad, almost dictatorial competences. In such difficult times the Catholic Church experienced one of the most important events in the 20th century – the Second Vatican Council (1962‑1965) – four years of hard work and epochal deliberations about the Catholic Church and its mission in the world. The thinking of the council is contained in the entire doctrinal and pastoral output of the Council, especially in four of its documents: in the Decree about The pastoral task of the bishops in the Church “Christus Dominus”, in the Dogmatic Constitution On the Church “Lumen gentium”, in the Declaration On Religious Freedom “Dignitatis humanae” and in the pastoral Constitution On the Church in the modern world “Gaudium et spes”. The Second Vatican Council was not directly engaged in bilateral agreements with states, but after the council was over there were executive acts which regulated this area of concern. The Codex of Canon Law of 1983 was one of the more important documents of this kind. Ostpolitik – i.e. the eastern policy of the Holy See. The Vatican Diplomacy was faced with the great and difficult task of providing assistance to the Catholic Church in the countries of the Soviet bloc through the establishment of contacts with communist governments. Here there is a description of efforts made by successive representatives of the Holy See directed toward the propagation of religious freedom and human rights, mainly in the countries of Central‑Eastern Europe. The events associated with the Concordat of Poland with the Holy See were crucial not only for the parties involved in it, but it was also the first solemn act of collaboration between the Vatican and a postcommunist country. At the same time other Central‑Eastern European countries took a similar course whose aim was to achieve normalization in the relations with the Church. Nowhere was this course easy. The concordat policy of the Holy See with the countries of Central and Eastern Europe conducted during the course of John Paul II’s pontificate was doubtlessly a continuation of the policy of his predecessors, especially of John XXIII and Paul VI – the popes of the Second Vatican Council. This policy was the next stage in the development of the diplomacy of the Holy See, which was held in high regard for its discretion, patience and effectiveness in the achievement of goals in a constantly changing world that made the Catholic Church face new challenges.
EN
As regards the approach to political problems, John Paul II’s pontificate was different from previous pontificates. Nowadays, due to the media phenomenon of Pope Francis, one tends to forget about the shock, in the positive sense of the word, which was associated with the nomination of Karol Wojtyła to become the pope and his famous words: “Do not be afraid”. These words were as political as they could be. They were addressed mainly to Poland, but not only to that country. John Paul II calmly paved the way for the future unification of Europe. He used the means that were accessible to the Holy See and one of this decisions was to proclaim St. Cyril and St. Methodius as the patrons of Europe. The problem of the European Constitution was doubtlessly a painful area for John Paul II. The document lacked a reference to Christianity. The Polish Pope frequently and explicitly stated that European civilization grew from Christian roots. During the course of this pontificate John Paul II persistently struggled for respecting human rights and for freedom. As far as this area is concerned, Europe seems to pursue a different course than the one which John Paul II tried to define. In other words, Europe set out upon a course which was so much feared by John Paul II and this is the reason that since the very beginning the latter made appeals to establish the European continent in the domain of values. During his visit in 1991 he also warned the Polish people against revelling in their recently regained freedom. Despite his concerns about the course that Europe pursued, John Paul II never became discouraged by the “European project”. He always claimed that Poland belongs in Europe. And that is why, on the eve of Poland joining the European Union, that he addressed the following words directly to the Polish people: Poland needs Europe and Europe needs Poland; our involvement in European structures is a challenge. The Pope appreciated the concerns entertained by eurosceptics, but he emphasized the point that today Poland, which was always a part of Poland, may not divorce itself from this Community.
EN
During the course of John Paul II’s pontificate the moral authority of the Holy See considerably increased in the world, the consequence of which was the considerable development of diplomatic relations with the Vatican. In 1918 Poland began to regulate the relations with the Holy See through concordats. Unfortunately, soon after the Second World War there began a period of unfriendly and frequently hostile policy of the authorities toward the Church. With the passing of years the authorities of the People’s Republic of Poland arrived at a conclusion that the Catholic faith in Poland is a force to be reckoned with. Therefore the representatives of state authorities conducted talks with the Vatican, and the representatives of the Holy See made contacts with the authorities of the Polish Bishops’ Conference and the Office of Religious Denominations. The emergence of the social movement known as “Solidarność” [Solidarity] and a whole array of phenomena which took place in the 1980s brought about the change of the system in our Fatherland and facilitated the construction of a democratic state. This in turn brought about the establishment of diplomatic relations with the Holy See, the appointment of the ambassador of Poland at the Holy See and the appointment of the apostolic nuntio in Poland. On 3 April 1993 negotiations began about the elaboration and arrangement of the text of the concordat. The text that was agreed upon was accepted by the Council of Ministers and the Holy See, and it was signed on 28 July 1993. The ratification and the exchange of ratification documents took place in 1998. The principal aim of Archbishop Kowalczyk’s book is not to conduct an exegesis of the content of specific paragraphs of the concordat (this issue is treated in other publications), but to show the reader the way both entities of international law went through negotiations which lead them to the formulation of the specific paragraphs of this agreement.
EN
The paper presents an issue of diplomatic relations of the United States with Papacy since the early years of American Republic. It sketches development of consular representation of the late 18th century which eventually turned into regular contacts at the ambassadorial level during the Presidency of Ronald Reagan three decades ago. This historical analysis is accompanied by legal remarks highlighting constitutional matters evoked by the First Amendment, which stipulates the principle of separation of church and state.
PL
Artykuł podejmuje zagadnienie stosunków dyplomatycznych Stanów Zjednoczonych z Papiestwem od czasu utworzenia amerykańskiej Republiki. Przynosi zarys rozwoju stosunków konsularnych obu podmiotów począwszy od schyłku XIX wieku, które ostatecznie około trzydzieści lat temu przyjęły w okresie prezydentury Ronalda Reagana kształt stałych relacji na poziomie ambasadorów. Tej analizie historycznej towarzyszą rozważania natury prawnej skupione na problematyce konstytucyjnej związanej z normą Pierwszej Poprawki, która określa zasadę rozdziału kościoła i państwa w USA.
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