Concordat

Concordat (pronounced kon-kawr-dat)

(1) An agreement or compact, especially an official one Agreement between things; mutual fitness; harmony.

(2) A formal agreement between two parties, especially between a church and a state.

(3) In Roman Catholic canon law, a pact, treaty or agreement between the Holy See and a secular government regarding the regulation of church matters.  In early use it was sometimes a personal agreement between pope and sovereign.

1610–1620: From the the sixteenth century French conciordat, replacing concordate from the Medieval Latin concordātum (something agreed), a noun use of the Latin concordatum, neuter of concordātus, past participle of concordāre (to be in agreement; to be of one mind), from concors (genitive concordis) (of one mind)  from concors (genitive concordis) (of one mind).  The original definition in Roman Catholic canon law was "an agreement between Church and state on a mutual matter".  Concordat is a noun, the noun plural is concordats and concordatory is an adjective.  Concord dates from 1250-1300, from the Middle English and Old French concorde from the Latin concordia, (harmonious), genitive concordis (of the same mind, literally “hearts together”).  Concordat is a noun and concordant an adjective; the noun plural is concordats.

The Duce, Benito Mussolini (1883–1945; Prime Minister of Italy 1922-1943) and Cardinal Pietro Gasparri (1852–1934; Cardinal Secretary of State 1914-1930) signing the Lateran Concordat in 1929.

The concordat, a formal agreement between the Holy See and a sovereign state, dates from a time when the relationship between the Church and sovereign entities was different than what now exists.  Indeed, the dynamics of the relationships have changed much over the centuries but, at any given moment, concordats have always been practical application of Church-state relations and, like all politics, were an expression of the art of the possible, a concordat not necessarily what a pope wanted, but certainly the best he could at the time manage, the best known tending to be the controversial, notably (1) the treaty of 1801 with Napoleon Bonaparte (1769–1821; leader of the French Republic 1799-1804 & Emperor of the French from 1804-1814 & 1815), (2) the Lateran Accord agreed in 1929 with Mussolini which created the modern city-state of the Vatican and which was the final step in Italian unification and (3) The Reich Concordat of 1933, the accommodation with Hitler’s Germany which was supposed to resolve the issue of relations which had been unsettled since Otto von Bismarck's (1815-1989; Chancellor of the German Empire 1871-1890) time but which Berlin repeatedly violated.

La Signature du Concordat aux Tuileries 15 juillet 1801 (The Signing of the Concordat at the Tuileries, 15 July 1801) (1803-1804) by François Pascal Simon Gérard (1770–1837) (titled as Baron Gérard in 1809); the original hangs in the Musée National des Châteaux de Versailles et de Trianon, Versailles.  

At least those violations weren’t wholly unexpected.  Cardinal Eugenio Pacelli (1876–1958; Pope Pius XII 1939-1958) had been Apostolic Nuncio (ambassador; 1926-1929) to Berlin and was Cardinal Secretary of State (foreign minister; 1930–1939) when the Reich Concordat was signed and he was under no illusion.  When it was said to him that the Nazis were unlikely to honor the terms, he replied with a smile that was true but that they would probably not violate all its articles “at the same time”.  The sardonic realism would serve the cardinal well in the years ahead when often he would required to choose the lesser of many competing evils.  Some though, for a while, retained hope if not faith.  As late as 1937, Archbishop Conrad Gröber (1872–1948; Archbishop of Freiburg 1932-1948) thought the Reich Concordat proof that “…two powers, totalitarian in their character, can find agreement, if their domains are separate”.  Adolf Hitler (1889-1945; German head of government 1933-1945 & head of state 1934-1945), another cynic though then still a realist, viewed the concordat much as Hermann Göring (1893-1946) would in his trial at Nuremberg describe all the treaties executed by the Nazis: “so much toilet paper”.  Actually an admirer of the Roman Catholic Church which had survived two-thousand years of European rough and tumble, he was resigned to a co-existence but one on his terms, noting the day would come when there would be a reckoning with “those black crows”.

Two of the twentieth century's great survivors, German vice chancellor Franz von Papen (1879-1969) (second from left) and the Holy See's secretary of state Cardinal Eugenio Pacelli (the future Pope Pius XII) (head of the table) meet in the Vatican on 20 July 1933 to sign the Reischskonkordat which some six weeks later was ratified by the Nazi-dominated Reichstag (the German parliament).  The cardinal calculated the Church would gain from the arrangement but had few illusions about the Nazis.  Upon being told the Nazis would probably violate the agreement, he agreed but observed they probably wouldn't violate all of the clauses "at the same time".  Later when being driven through Rome where he saw two men fighting in the street, he remarked to his companion "I imagine they've probably just signed a concordat".

That’s not to say there haven’t always been theorists who wandered a bit beyond the possible.  After the Reformation, there were those in the Church who held that the Church sits above the state in all things (the “regalist” position), while others (maintaining the “curialist” position) held that although the Church is superior to the state, the Church may grant certain privileges to the state through agreements such as concordats.  In the modern age, the accepted understanding of concordats is that the Church and the various sovereign states are both legal entities able to enter into bilateral agreements.  Concordats are thus no different than other treaties & agreements in that being executed under international law, they are enforceable according to legal principles.  Church and state may in some ways not be co-equal but canon law does recognise the two exist in distinct spheres and is explicit in respecting the bilateral agreements that the Holy See has entered into with other nation-states.  The Code of Canon Law states unambiguously that concordats override any contrary norms in canon law: “The canons of the Code neither abrogate nor derogate from the agreements entered into by the Apostolic See with nations or other political societies. These agreements therefore continue in force exactly as at present, notwithstanding contrary prescripts of this Code.”  This is an unexceptional statement familiar in many constitutional arrangements where two legal systems interact, the need being to define, where conflict may exist, which has precedence and is no more than an application of a legal maxim known to both canon and secular law: pacta sunt servanda (agreements must be honored).  Concordats can both protect and clarify the rights of the Church by precisely defining relationship between the Church and a state, expressed by the Second Vatican Council’s (Vatican II 1962-1965) pastoral constitution on the Church in the modern world, Gaudium et spes (Joay and Hope) in the statement:

“The Church herself makes use of temporal things insofar as her own mission requires it.  She, for her part, does not place her trust in the privileges offered by civil authority.  She will even give up the exercise of certain rights which have been legitimately acquired, if it becomes clear that their use will cast doubt on the sincerity of her witness or that new ways of life demand new methods.”

In other words, “if you can’t beat them, join them”, or, at least, enter into peaceful co-existence with them, a position in the modern age possible, if not uncontroversial with sovereign and sub-national entities notionally with Catholic majority populations (eg Bavaria 1966, Austria 1969, Italy 1985) but also with countries where Christians exist only as tiny minorities (eg Tunisia 1964, Morocco 1985, Israel 1993).  Nor does a concordat need to be a complete codification, the agreement between the Holy See and Tel Aviv noting that in certain matters, agreement had not been reached and discussions need to continue.  Such “framework” or “stepping-stone” agreements have been in the diplomatic toolkit for centuries but they’re a statement of professed intent and in the decades since there’s been little apparent progress in many of the unresolved matters important to the Holy See regarding physical property in the Holy Land and the “working document” was never ratified by the Israeli parliament (the Knesset).  At least partially filling this diplomatic lacuna was something which has thus far proved a coda to the Holy See’s official recognition in 2012 of the State of Palestine.  In 2015, The Vatican concluded a concordat with “the State of Palestine” (sic), supporting a two-state solution to the conflict between Palestine and Israel “on the basis of the 1967 borders”.  According to Rome, the provisions in the agreement concern technical (ie financial & legal) aspects of the legal status of Catholic facilities and personnel on the West Bank and the Gaza Strip.  That may be as boringly procedural as it sounds but what’s aroused interest is that the Vatican has refused to publish the text or comment on the details, thus arousing suspicion that the treaty between with the Palestinians might, at least in part, contradict the earlier concordat with Israel.  From Washington to Tel Aviv, many are interested in the small print.

Rome 1929: The Duce reads the Lateran Concordat's small print.

Interestingly, Vatican II struck the term concordat from canon law, apparently in a nod to the Council's declaration on religious liberty, Dignitatis humanae (Of the Dignity of the Human Person) which mused on the evolution of a “…different model of relations between the Vatican and various states [which] is still evolving.”  Whatever might have been intended to be the implications of that, it reappeared with the Polish Concordat of 1993 and seems to be here to stay.