AND STATE IN THE CZECH REPUBLIC

JIRI RAJMUND TRETERA

I. INTRODUCTION

The ancestors of the Czech people accepted under the influence of the Irish, Franconian (Bavarian) and Greek-Slavonic mis- sions after the year 800. The territory of the Lands of the Czech Crown have belonged to the Western Church obedience from the beginning without interruptions. The Czech Kingdom (Kingdom of Bohemia) was bound in a free union with the Holy . Charles Uni- versity as the first university in the middle Europe was founded in 1348 in Prague (the capital of Bohemia). There were two beliefs in the King- dom from the Hussite in the 15th century: the and the Utraquist (Hussite). The recatholization after the Thirty Years War was connected with the Habsburg dynasty. The unification of the Czech lands with the Austrian parts of Habsburg monarchy follows after this date as well. The sovereign of this union appropriated the iura maiestica circa sacra. The lost an essential part of its autonomy in this way. The emperor Josef II published his Letter of Tolerance in 1781. Approximately 2% of the inhabitants of the Czech countries professed the Helvetic or Augsburgian confession. A part of the Catholic Church’s land property, especially the property of monasteries and convents, was secularized. Since 1848 the process of the emancipation of churches from the State had started. In 1867 the new liberal was declared in the Austrian-Hungarian Empire. The system of the secular- ized State based on the principle of cooperation with churches and their parity was grounded by this constitution. The right to be recognized by the State was given to all the churches and religious societies, which ful- filled legal demands. The new recognized churches could join in teach- ing religion at public schools and practising religious services in the army. The salaries of priests, pastors and rabbins were financed partially by their churches and religious societies, partially by the State in the case 300 J. R. TRETERA of the churches or religious societies that were unable to finance their on their own. The recognized churches and religious societies were supported by the State according to the number of their members. The Republic of Czechoslovakia, founded in 1918 after the separa- tion from the Austrian-Hungarian Empire, adopted and recognized the older legislation of the Habsburg monarchy. The children who belonged to churches were obliged to attend a religious education at public schools. The Constitution from 1920 declared the individual freedom of religion. As far as the public opinion is concerned the Catholic Church was accused of having too near relations to the Habsburg dynasty and the dissolved Austrian-Hungarian Empire. Approximatively 20% of the Czech people voluntarily gave up their membership of the Catholic Church, approximately one half of them became nondenomi- national and almost the same number of these people founded the new “Czechoslovak Church”1 in January, 1920 1,1% of all citizens became Protestants2, 0,2% East-Orthodox. But 75% of the Czech people stayed in the Catholic Church. The Modus Vivendi was concluded between the representatives of the Czechoslovak government and the in 1927/1928. The Holy See accepted the demand to ask the government of the Republic about possible political objections before the installation of dioecesan . During the Nazi occupation 1939-1945 the Catholics in the Czech lands actively participated in the resistance against the Nazis, and being persecuted by them, they were justified in the minds of the Czech peo- ple. All churches became popular in the Czech society after World War II. Religious freedom was the same like before 1939, although the Com- munist party was very powerful and tried to increase its own power. A radical change came after the communist coup d’état in February 1948. All the spheres of public life had to accept the “scientific”, i.e. the Marxist ideology. was a part of this ideology. The Marxist ide- ology played the role of a State religion in the years 1948-1989.

1 The Czechoslovak Church developed from the Catholic modernism. It unites the Catholic and Protestant aspects of worship and teaching with the Hussite tradition. This Church was recognised by the State in September 1920, but not as a State religion. It has used the name The Czechoslovak Hussite Church since 1971. 2 The Protestant Church of Augsburgian confession and the Protestant Church of Helvetic confession united themselves into the Protestant Church of Czech Brethren in December, 1918. The portion of Protestants rose to 4% of the Czech nation. CHURCH AND STATE IN THE CZECH REPUBLIC 301

Churches and religious societies became the only alternatively think- ing institutions whose existence was, with many limits, tolerated3. The last aim of the regime was, of course, the entire liquidation of churches and religious societies. All the land property of churches (woods and fields), an important source of their economic assurance, was taken over by the State in 1948. All Church schools and seminars were abolished. The education of clergy was provided only at three State theological faculties (one for the Catholics, one for the Protestants, one for the Czechoslovak Church) and with number limits of admission. The new act establishing the institutions of a State control over churches came into force on November 1st, 1949. The next act from this year brought obligatory but very low salaries for clergy, paid by the State regardless of the will of churches. This act also bound any religious activity of clergy or lay preachers on the State permission for a geo- graphically limited territory. The State permission could be taken back without explanation. The Penal Codes from 1950 and 1961 allowed a punishment of imprisonment for the breaking of this act. In April 1950 all the monasteries were dissolved and the religious were interned at centralization camps without any legal ground. Later they were ordered to forced labour troups. From August 1950 convents of sisters were relocated to the border-land, could not admit novices and they were obliged to work in factories. The obligatory civil marriage was established in 1950 (firstly in the his- tory of the Czech lands). The religious education at schools was permitted as a voluntary subject, but there was an effort to get it out of the school and the children attending this education were discriminated against. The communist regime in Czechoslovakia did not call the relation between State and Church as a separation. The legal subjectivity of indi- vidual ecclesiastical legal entities and their ownership of the remaining Church property (churches, parsonages, gardens) was recognized. The lay employees of churches, for example vergers, were usually paid by the money collected during the Church services. All the churches, and especially the Catholic Church, became the symbols of resistance during the communist regime. They got the authority among all disidents.

3 The communists took this attitude towards churches because religiosity is deeply established in souls of people and because the total pushing of Church activites in ille- gality would be “dangerous” for their regime because of loss of control. 302 J. R. TRETERA

On 17th of November, 1989, the 50th anniversary of the close-down of the Czech universities by the Nazis, the communist police brutally interfered in a students’ commemorative procession in Prague. The events later called “the velvet revolution” followed in entire Czechoslo- vakia. The 10th of December, 1989 may be called as the day of an upheaval. On this day the last communist president appointed a non- communist government. The following day he resigned. The govern- ment decided for the policy of legal continuity and of value discontinu- ity between the new and the old regime. The first task of the was the abrogation of the enactments which were contrary to human rights and the gradual change of legislation for the of a democratic society in Czechoslovakia. The anti-ecclesiastical enactments of the Penal Code No. 140/1961 Sb4. (§101 -the abuse of a religious office, §178- the infringment of the State supervision of churches and religious societies, §211 – the viola- tion of the Family Act) were abrogated by the Act No. 159/1989 Sb. from the 13th of December, 1989. Further, the decision was made to cancel any State interference in the appointment of churches’ employees. There was a modest State interference, grounded on the Modus Vivendi from the years 1927/1928, before the communist coup d’état. The communist regime cancelled the diplomatic relations with the Holy See in the spring of the year 1950 and did not apply its rights following from the Modus Vivendi. Instead of this the regime established a strong system of State supervision of churches. The possibility to carry out activities of a clergyman depended on the State approval under §7 of the Act No. 218/1949 Sb. The delegates of the federal government of Czechoslovakia assured themselves during the negotiations with the Holy See at the beginning of January, 1990 that the Modus vivendi, which was not applied since the coup d’état on January, 1948, is considered by the Holy See as obso- lete and void on the ground of the principle of international law accord- ing to which a contract is null and void if an essential change of condi- tions happens (clausula rebus sic stantibus). The following Act No. 16/1990 Sb. from the 23rd of January, 1990 abrogated §7 of the Act No. 218/1949 Sb. Since this time the State has

4 Sb. = Sbírka zákonu (the official Journal of Law of the Czech Republic or the for- mer Czechoslovak Republic). CHURCH AND STATE IN THE CZECH REPUBLIC 303 not interfered in the inner affairs of churches including the appoint- ment to a Church office. This principle was confirmed by the Charter of Fundamental Rights and Liberties, passed by the Czechoslovak Parliament on the 9th of Jan- uary 1991. The mentioned Charter was received into the legal order of the Czech Republic after the dissolution of Czechoslovakia. It is a part of the constitutional order of the Czech Republic according to article 112 of the Constitution (constitutional Act No. 1/1993 Sb.). The economical assurance of churches from the State budget was provided under the Act No. 218/1949 Sb. to the end of the year 1990. Since the 1st of January, 1991 the change was made so that the subven- tions for clergy salaries and partly for other costs have been paid rightly to the head-offices of churches, resp. the individual Catholic dioceses. Since this time the clergy salaries have increased but modestly. To the 19th of July, 1990 72 buildings from the whole number of approximately 800 buildings, expropriated by diferrent ways, were given back to the religious orders and congregations in Czechoslovakia (the Act No. 298/1990 Sb.). Another 193 buildings were given back by the Act No. 338/1991 Sb. The question of the restitution of a remaining Church property and the question of Church finances remain open. Since April of 1999 these problems have been intensively negotiated at the level of the govern- ment and its advisory bodies.

II. SOCIAL PRECONDITIONS

According to the last statistics from the year 1991 10,302,215 inhab- itants lived in the Czech Republic at this time. 44,8% of them declared a membership of some Church or religious society (39% of the Church), 39,9% declared themselves to be non-denomina- tional and 16,2% applied the right to give no response. The results of the statistics from 1991 show: Church 1991 Non-denominationals 4.112.864 Roman Catholics 4.021.385 Without a response 1.665.617 Protestant Church of Czech Brethren 203.996 Czechoslovakian Hussite Church 178.036 304 J. R. TRETERA

Silesian Lutheran Church A.C5. 33.130 East Orthodox Church 19.354 Religious Society The Jehovas Witnesses6 14.575 Church of the Seventh-Day Adventists 7.674 Greek Catholics 7.030 Lutheran Church in the Czech Republic (Slovaks) 4.151 Christian Congregations 3.017 Protestant Methodist Church 2.855 Church of the Brethren (Congregationalists) 2.759 Old Catholic Church 2.725 Unity of 2.544 Unity of Brethren (The Moravian Brethren) 2.269 Apostolic Church (Pentecostalists) 1.485 Federation of Jewish Communities in the Czech Republic 1.292 New Apostolic Church 427 Religious Society of Unitarians 365 Church of of the Latter-Day Saints7 ? Others 8.182

The members of churches belong to the poorer classes of inhabitants of the Czech Republic. The richer people, especially these who were the members of the former totalitarian regime’s establishment, have not shown any tendence to change their mostly negative attitude towards churches and to support them. Any repentance, or admission of collec- tive or individual guilt is an unknown moral category for these people.

III. THE CONTACTS BETWEEN THE STATE AND CHURCHES (RELIGIOUS SOCIETIES)

In June, 1990 the diplomatic relations between Czechoslovakia and the Holy See were restored at the level of nunciature and embassy. The Czech Republic has continued the diplomatic relations at the men- tioned level8.

5 Including 11.000 members of the Lutheran Protestant A.C. Church in the Czech Republic, which was founded after the division in the year 1991 and which was regis- trated on the 19th of January, 1995. 6 This religious society was registrated on the 1st of September, 1993. 7 This Church was recognized by the State in January, 1990. 8 The Czech Republic has also diplomatic relations with the Sovereign Order of Maltesian Knights, on the level of embassy. CHURCH AND STATE IN THE CZECH REPUBLIC 305

The partners of the State authorities at the internal level are: 1. for the Catholic legal entities: the Czech Bishops’ Conference, the Conference of Major Superiors of Male Orders, the Conference of Major Superiors of Female Orders, individual dioceses9 and provinces or abbeys of religious orders10. 2. for the churches which are members of the Ecumenical Council of Churches11 in the Czech Republic: the Ecumenical Council of Churches and these individual churches (their Czech head-offices). 3. for the other churches and religious societies: these churches, resp. their Czech head-offices. The Czech State ecclesiastical law considered the Catholic Church as two churches: the Church of the Latin rite under its usual name of the Roman Catholic Church and the Church of the under its usual name of the Greek Catholic Church.

IV. THE SOURCES OF LAW

Neither Czechoslovakia in the years 1990-1992, nor the Czech Republic, independent from the year 1993, have concluded a new agreement with the Holy See. In the course of the visit of the representatives of the Czech Repub- lic, led by the president of the Republic, to the Holy See in December, 1999 the first steps were made towards the conclusion of agreements at the international level, especially with regard to topics which have been already guaranteed by the agreements at the internal level.

9 The Roman Catholic Church on the territory of the Czech Republic is created from these particular local churches: Prague Archdiocese (founded as a diocese in 973, promoted in 1344); Olomouc Archdiocese (founded as a diocese in 1063, promoted in 1777); Hradec Králové Diocese (founded in 1664, this diocese replaced Litomysl Dio- cese, which was founded in 1344); Litomerice Diocese (founded in 1655); Brno Dio- cese (founded in 1777); Ceské Budejovice Diocese (founded in 1785); Plzen Diocese (founded in 1993); Ostrava-Opava Diocese (founded in 1996). The Greek Catholic Church has one particular local Church on the territory of the Czech Republic, namely the Apostolic Exarchate in the Czech Republic (founded in 1996). 10 The male religious orders and congregations on the territory of the Czech Repub- lic include 12 abbeys, 14 provinces, and some smaller units. 11 The members of the Ecumenical Council of Churches in the Czech Republic: The Apostolic Church, The Unity of Baptists, The Church of the Brethren, The Czechoslo- vak Hussite Church, The Protestant Church of Czech Brethren, The Lutheran Church in the Czech Republic, The Protestant Methodist Church, The Unity of Brethren, The East Orthodox Church in Czech Lands, The Silesian Lutheran Church A.C., The Old Catholic Church. 306 J. R. TRETERA

According to article 10 of the Constitution of the Czech Republic (the constitutional Act No. 1/1993 Sb.) the ratified and published inter- national agreements on human rights and fundamental liberties which bind the Czech Republic are immediately binding and have precedence over acts. The International Agreement on Civil and Politic Rights from the year 1966, December 19th, which was ratified by the Czechoslovak Socialist Republic in November, 1975, being in force from 1976, March, 23rd is one example of the agreement under article 10. The articles of the Charter of Fundamental Rights and Liberties from the year 1991, especially articles 15 and 16, are other important parts of the Czech State ecclesiastical law. The Charter has been assumed into the constitutional order of the Czech republic since 1993, January 1st. The basis of Czech State ecclesiastical law is created by the enact- ments of Act No. 308/1991 Sb., about freedom of religion and the sta- tus of churches and religious societies, and by the enactments of Act No. 161/1992 Sb., about the registration of churches and religious societies. Acts No. 298/1990 Sb. and 338/1991 Sb., about the restitution of the property rights to individual monastery and convent buildings, con- stitute the other source of Czech State ecclesiastical law at the present time. The agreement of the Czech State authorities with the Czech Bish- ops’ Conference and the Ecumenical Council of Churches in the Czech Republic also belong to Czech State ecclesiastical law. We can refer to the agreements on pastoral services in prisons (1994, 1999), the agree- ment on pastoral services in the army (1998) and the agreement on churches’ activities with the public radio (1999). These agreements do not enjoy any international character.

V. THE FUNDAMENTAL CHARACTERISTICS OF THE SYSTEM

The Czech Republic is a State in which the principles of non-identi- fication with any religion or ideology, of neutrality, of parity and of autonomy of churches and religious societies have been applied. Article 2, paragraph 1 of the Charter of Fundamental Rights and Liberties declares that the Czech State is based on the democratic values and should not bind itself to a sole ideology or religion. According to article 15, paragraph 1 of the Charter, freedom of thought, conscience and religion are guaranteed. The right to change religion or to be non-denominational belongs to everyone. CHURCH AND STATE IN THE CZECH REPUBLIC 307

According to article 16, paragraph 2 of the Charter churches and reli- gious societies manage their affairs, especially constitute their bodies, appoint their clergy and establish religious orders and other Church institutes independently from the state. The resolute insistency on the principle of non-identification with any religion or sole ideology is a reaction, of course, to the former regime. The degree of identification with Marxist atheist ideology in the Czechoslovak State governed by the Communist Party was so high before 1989 that the persecution of churches and faithful was one of the greatest in the communist block. A regime of complete separation of State and Church has never been assumed in the Czech territory. Nowadays the State applies the principle of non-identification with any Church and the principle of parity and autonomy of churches, but it collaborates with them in many areas. We can talk about a cooperation model.

VI. THE STATUS OF CHURCHES AND RELIGIOUS SOCIETIES

Act No. 308/1991 Sb. declares in §4 that churches and religious soci- eties are considered to be voluntary organisations of people who share the same religion in a corporation with its own structure, its own bod- ies, its own internal provisions and ceremonies. The registration under this act is the conditio sine qua non for their activities as churches or reli- gious societies on the territory of the state. There is no legal distinction between the terms “churches” and “religious societies”, these forms are equal. This is a problem of their own choice only. The Act No. 308/1991 Sb. is based on the Central European tradition of the verbal differentiation between churches and religious societies, although there is no difference between them in fact. According to §22 of Act No. 308/1991 Sb. all the churches which were practising their activities under the former law or the legal assent at the day of the legal force of this act and are mentioned at the appen- dix to this act are considered as registered churches under this act. This enactment concerned 19 churches and religious societies which had already been recognized by the state. The registration of other churches and religious societies is to be car- ried out by the competent body of the State administration – i.e. the Ministry of Culture. The registration process and conditions are men- tioned in the act. It is possible to appeal against the decision in accordance with the principles of administrative law. If any Church administers its 308 J. R. TRETERA activities contrary to the law or conditions of registration, it is possible to abolish the registration. In this case the Supreme Court of the Republic is the competent body in order to review this decision if the Church makes an appeal. Two other churches were registered in the years 1993 and 1995. No registration has been cancelled. At the present time there are 21 regis- tered churches and religious societies in the Czech Republic. The condition of the registration under the act No. 161/1992 Sb. is 10.000 members with a domicile at the territory of the Czech Republic (or 500 members in case of membership of the World Council of Churches). Two religious societies that registered later are the Religious Society The Jehovas Witnesses (1993) and the Silesian Lutheran Church A.C. (1995). No member of the World Council of Churches has been registrated. The new act has been prepared since the year 1999 in which the number of members will be reduced and unified.

VII. THE INTERNAL ORGANISATION OF CHURCHES AND RELIGIOUS SOCIETIES

All registered churches and religious societies are legal entities based upon act No. 308/1991 Sb. The decisions on the legal personality of individual bodies of churches and religious societies, on its range and on the question as to who is legitimate to act as their representative fall to the sphere of the internal administration of individual churches and reli- gious societies. This fact follows from the §13/1/g) of the mentioned act. The Ministry of Culture, i.e. a registering body, has “the evidence of all the legal entities whose legal subjectivity is derived from churches if they are not evided under another act” (§19/1). Another evidence is thought to be the evidence of Church schools, kept by the Ministry of Education, or the evidence of Church hospitals, kept by the Ministry of Public Health etc. In fact, the distinction between theological core institutions and the others, non-directly related institutions can be made. The latter enjoy Church autonomy too, but they are obliged to follow other conditions imposed by secular law (hospitals, schools, social institutions). The corporations called consociationes et fraternitates in the Code of Law of 1983 and established in order to support the aims of Christian devotion and love have legal personality. They can obtain CHURCH AND STATE IN THE CZECH REPUBLIC 309 property and act independently in public affairs. Examples: the associa- tions of order tertiaries, the organizations of ecclesiastical movement (for example the Opus Mariae – Focolare), diocesan and charities, Protestant diaconies etc. Churches can associate themselves. The Ecumenical Council of Churches in the Czech Republic is such an association. The Czech State ecclesiastical law does not concern associations which are established by faithful separate from the structure of churches. Examples: the Czech Christian Academy, the Church Law Society, the Society of Christians and Jews, the Academic Weeks, the YMCA, the Army or the “Orel” – Eagle (an association for physical training).

VIII. CHURCHES, RELIGIOUS SOCIETIES AND CULTURE

It is possible to divide Czech schools into three categories: 1. schools established by the State or by municipalities; 2. schools established by a Church body (dioceses, orders, parishes); 3. schools established by a natural person or a legal entity of civil law. All schools need to find a place within the register of the Ministry of Education. Church schools are not the same as private schools. Their usual costs are fully paid by the state, the ecclesiastical founder regularly gives a building and establishes the director of school. As far as students are concerned, they are admitted on the ground of the results of admission tests, not by their religious conviction. Teachers can be non-denomina- tional or can be members of another Church or religious society, although a basic loyalty is presumed to the Church, which founded the school. This arrangement is considered to be suitable for the deeply sec- ularized Czech people. And the Church schools enjoy great popularity in the Czech society12. All registered churches have the right to establish Church schools at all levels exception made for universities. The Catholic Church founded

12 Faithfuls had not access to a pedagogic education in the totalitarian (communist) period because the teachers should play a role of “priests of atheism”. It is interesting that there have been established 83 Catholic and several Protestant Church schools including a great number of elementary schools and grammar schools from the year 1990 to this days. The first Jewish school was founded in Prague in 1998. 310 J. R. TRETERA three higher schools (providing theological and other special education), the Protestant churches four. These schools accept students which passed the school leaving examination at Czech grammar schools. Thus, their level is close to the university level but their students do not obtain any academic degree. These schools prepare students for teaching reli- gion, for social work, for pastoral assistance and for jobs in journalism. Three Catholic, one Protestant and one Hussite theological faculty are part of State universities. They created their own statutes in colabo- ration with churches. Their teachers are accepted only with the approval of churches. The chancellors of these faculties are the representatives of the churches. Future clergymen, teachers of religion and lay employees of churches study at these faculties. Private schools have the duty to fulfil the State curriculum and their certificates have public validity. Their costs are only partly paid by the state, the rest is paid by the schools (this part evolves, for example, from a school-fee). It is not excluded that these schools could have their own specific world view, even based on a religion. Schools can also choose students according to their own demands. Private universities can be founded since 1999. Churches can make use of this possibility. Churches have the right to organise religious classes at all public schools as a non-obligatory subject. The teacher needs the permission of the Church and he is paid by the school. Religious education is some- times not provided because of a total lack of teachers13. The religious education can be attended by all students, even if they are not members of the church. This practice is supported by churches because of the ecumenic cooperation and common need. Non-denominational stu- dents can attend religious education, too. The disadvantage of this system is that there is no alternative subject and therefore religious education is taught on the only free half-day in a week, usually on Wednesday afternoon. Religious education is voluntary at Church schools, too, but there is an alternative subject – ethics. This model should be accepted by pub- lic schools. Private schools have an absolutely free choice to provide obligatory or voluntary religious education of one or more religions. They can also exclude any religious education.

13 Religious education at schools is of a general informative character. On the other hand, the religious education of catechisation character is practised in churches’ own establishments and buildings. CHURCH AND STATE IN THE CZECH REPUBLIC 311

The participation of churches in the broadcasting of the public Czech Radio is provided under the agreement between the Czech Bish- ops’ Conference, the Ecumenical Council of the Churches in the Czech Republic and the Czech Radio from the year 1999 onwards. The edito- rial staff for a religious programme was established by the Czech Radio. The Proglas, a private radio with a Catholic priest as a director, is very popular. The Church of the Seventh-Day Adventists established a pri- vate radio Hlas nadeje (The Voice of Hope). Churches do not have delegates in the control councils for television and radio broadcasting yet.

IX. LABOUR LAW

A decision of the Constitutional Court of the Czech Republic from March 26th, 1997 rejects the jurisdiction of secular courts in the dis- putes dealing with the termination of a service relationship involving members of clergy in accordance with article 16/2 of the Charter of Fundamental Rights and Freedoms (churches administer their affairs independently, especially establish their bodies and appoint their clergy separately from the State authority). The employment of clergy and other pastoral employees is ruled by the ecclesiastical (canon) law and conflicts are submitted to Church courts. If there is no Church norm available, it is necesary to use State norms as a subsidiary source of law. The employment of non-pastoral employees is ruled by secular law, namely by the Labour Code.

X. FINANCING OF CHURCHES AND RELIGIOUS SOCIETIES

After the fall of the communist regime, the churches in the Czech lands owned mainly most of the churches and parsonages including their land, some parish gardens, the proceeds of collections and savings as well as the salaries of nuns in the case of convents. Until the year 1990 the State continued to pay salaries of the clergy, as well as partly the costs of Church head offices and of the repairs of church buildings. Churches paid the salaries of vergers and of other lay employees and the regular expenses of church buildings. The Restitution Act, under which the property expropriated by the communist regime was given back to its former owners, was related to natural persons only, but not to legal entities including churches. 312 J. R. TRETERA

But it turned out to be necessary to give some religious houses back to religious institutes so that they could create communities, open novi- ciates and restore their activities. Acts No. 298/1990 Sb. and 338/1991 Sb. (see above) restored the property rights of male and female religious orders in 170 (57 + 113) religious houses on the territory of the Czech Republic. There were established Church schools and children’s homes, Church social institutions and Church hospitals in some of these build- ings. In case of buildings which were not signed over to the State in the estate register some of these were given back in an administrative or in a judicial way. The judicial process on the return of the Vitus’ Cathedral and of the other buildings in the area of Prague Castle which were signed over to the State in a legally dubious way in the year 1955 has not yet ended. The wood and agricultural land which was part of the property of benefices, churches and religious communities has not been given back to the Catholic Church up to this time. The rented flats and other estate property has not been given back to the Protestant churches and the Jewish communities. The question of the return of Church economical property is still considered to be open. Therefore this property can not be transferred to other subjects, according to the blockade enactments. But part of this property was transferred to municipalities and thus the possibility of return has been excluded. The current Church property served as a supplementary financial resource to an insignificant extent. The State continues to pay part of the costs of Church activities, i.e. the State gives an annual financial support to pay the salaries of clergy and lay employees of the Church head offices and to pay the repairs of historic buildings. The State has paid its support right to the head offices, in the case of the Catholic Church to the diocesan offices since January, 1st, 1991. The current situation is considered to be provisional by both State authorities and churches. Church schools and teachers of religion in public schools are paid by the state. According to the agreement concluded by the Czech Bishops’ Conference, the Ecumenical Council of Churches in the Czech Republic and the Ministry of Defence from the June 3rd, 1998, pastoral service was established in the army. Military chaplains are paid by the state. For Church hospitals and social institutions the payment is similar to one attributed to State hospitals and social institutions. CHURCH AND STATE IN THE CZECH REPUBLIC 313

Worship collections and gifts are an important part of the resources of all churches. These resources enjoy tax exemption. Their donors can apply for tax allowances.

XI. PASTORAL SERVICE IN PUBLIC INSTITUTIONS (PRISONS AND ARMY)

From the year 1994 onwards, churches provided pastoral service in prisons according to the agreement between the Prison Service of the Czech Republic, the Ecumenical Council of Churches in the Czech Republic and the Czech Bishops’ Conference. A new agreement was concluded in 1999. The status of military chaplains is ruled by the Agreement on Coop- eration between the Ministry of Defence of the Czech Republic, the Ecumenical Council of Churches in the Czech Republic and the Czech Bishops’ Conference from June 3rd, 1998, and by the warrrant of the Minister of Defence of the Czech Republic on the Establishment of Pas- toral Service in the Resort of the Ministry of Defence, being in force from the 22nd of June, 1998. Military chaplains are officers. They are appointed on the ground of the collective proposal of all churches which are parties to the agreement. The subordination of military chap- lains in the structure of their Church is not concerned. The conditions for the appointment of military chaplains are stated in the agreement between the Ecumenical Council of Churches in the Czech Republic and the Czech Bishops’ Conference from the year 1998.

XII. FAMILY LAW AND MARRIAGE LAW

The still valid Czechoslovak Family Act from the year 1963 was amended by Act No. 234/1992 Sb. which has restored the legal effects of Church marriages since July, 1st, 1992. Nowadays there is a free choice between the Church and civil form of marriage in the Czech republic. The decisions of the Church courts on the marriage annul- ments has not been recognised by the state. Act No. 91/1998 Sb. amended the former enactments under which nupturients have the duty to submit the certificate issued by the State register office which evidences there are no impediments of the Czech law to marriage. Before, clergymen themselves had to inquire these facts. Membership of a Church or religious society, as far as children up to 314 J. R. TRETERA

15 years are concerned, depend on the will of their parents. The atten- dance of children at religious education in schools is solved in the same way.

XIII. CONCLUSION

It is clear that the whole restitution of the estate property which belonged to Church legal entities is a very difficult problem and its solu- tion probably will not assure churches economically. The common society as well as the members of churches are not satisfied with the present sys- tem of State subventions to churches. On the one hand, it symbolizes the dependence of churches on the state, on the other hand, the non-denom- inationals can complain that their taxes help to finance religious services. Members of churches still belong to economically not very prosper- ous classes of inhabitants. So it is not possible to await that all the costs of churches could be paid by them. The solution of this problem could be the increasement of tax allowances for the benefit of natural persons and legal entities who would financially support churches and the estab- lishment of the public fund as a compensation for debts of the State towards churches. The and part payment of this fund up to its liquidation would be the additional income for churches (the Hungar- ian model). There is no doubt about the public support of the State in the sphere of education, healthcare, charity and maintenance of the Church his- toric monuments. It is also important to mention the necessity to sup- port the repairs of the churches which are not of historic value, but are important elements of Czech towns and villages. These churches are often modern buildings owned by the Catholic Church, the Protestant churches and the Czechoslovak Hussite Church. Since April 1999 the proposal of a new act about the relationship between State and Churches has been prepared by the Ministry of Cul- ture. But experts rather make an effort to amend act No. 308/1991 Sb. by which the religious freedom and Church autonomy were guaranteed. It shows the necessity to reduce the number of members needed for the registration of churches or religious societies. Two committees collaborate with the Ministry of Culture. The first, of a politic character, includes also a communist delegate. Therefore the delegates of all churches and the Jewish communities refused to partici- pate in this committee. They argued that their negotiation with the rep- resentative of the Communist Party would be such an absurdity as the CHURCH AND STATE IN THE CZECH REPUBLIC 315

Nazis should negotiate the Jewish affairs after World War II. Therefore, a second committee was created which contains experts only. There are rep- resentatives of the Czech Bishops’ Conference, of the Ecumenical Coun- cil of Churches in the Czech Republic, of the Federation of Jewish Com- munities, of universities and of the Czech Academy of Sciences in this second committee. Both the committees are working at the same time.

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PERIODICALS

Revue církevního práva (Church Law Review), Praha, Spolecnost pro církevní právo, 1995-2000.