Agreements Between the Spanish State and the Holy See [Selections](28 July 1976)

Agreements Between the Spanish State and the Holy See [Selections]
Translation prepared by the Spanish Ministry of Justice.

Agreement of 28 July 1976
(ratified 19 August 1976; B.O.E. no. 230, 24 September 1976)

The Holy See and the Spanish Government: in view of the profound process of transformation experienced by Spanish society in recent years concerning relations between the political community and religious fraiths, and between the Catholic Church and the State; taking into account that on its part Vatican Council II established as fundamental principles, to which the relations between the political community and the Church should adapt, both the mutual independence of both parties in their respective areas, as well as positive collaboration between them; asserted religious freedom as a right that should be recognized in society’s legal code; and taught that the freedom of the Church is an essential principle of the relationship between the Church and Public Authority and the civil system, given that the Spanish State included in its laws the right to religious freedom, based on the dignity of persons (Law of 1 July 1967) and recognized in this same code that there shall be norms appropriate to the fact that the majority of the Spanish people profess the Catholic religion, deem it necessary to regulate by means of specific Agreements, those subjects of common interest that, under the new circumstances arising after the signing of the Concordat of 27 August 1953, require new regulation; therefore, they agree to undertake, by common consent, the study of these different subjects for the purpose of concluding, as soon as possible, the Agreements that will gradually substitute the corresponding provisions of the Concordat currently in force.

On the other hand, taking into account that the free naming of Bishops and the equality of all citizens in the administration of justice has priority and special urgency in the revision of the provisions of the present Concordat, both contracting Parties conclude, as a first step in said revision, the following:
AGREEMENT
I

1. The appointment of Archbishops and Bishops shall be the exclusive responsibility of the Holy See.
2. Before proceeding with the appointment of resident Archbishops and Bishops and of Coadjutors with the right to succession, the Holy See shall communicate the name of the person designated to the Spanish Government, in case there may be, with respect to this person, possible specific objections of a general political nature, the appraisal of which shall correspond to the judicious consideration of the Holy See. It shall be understood that there are no objections if the Government has not expressed these within fifteen days. Both Parties shall maintain the corresponding formalities secret.
3. The appointment of the Military Vicar General shall be made by means of the proposal of three names, drawn up by common consent between the Apostolic Nunciature and the Ministry of Foreign Affairs and submitted for approval to the Holy See. The King shall present, within fifteen days, one of these to be appointed by the Supreme Pontiff.
4. Article VII and Paragraph 2 of Article VIII of the current Concordat are hereby abolished, as is the Agreement stipulated between the Holy See and the Spanish Government of 7 June 1941.

1. Article XVI of the current Concordat is hereby abolished.
2. If a clergyman is criminally charged, the competent Authority shall notify his respective Ordinary. If the person charged is a Bishop, or a person of similar rank under Canon law, the Holy See shall be notified.
3. In no case may a clergyman or member of a religious order be enjoined by Judges or other Authorities to give information concerning persons or subjects that they may have obtained in the course of their ministry.
4. The Spanish State recognizes and respects the exclusive legal authority of the church Courts over those offenses which exclusively violate an ecclesiastic law in accordance with Canon Law. Civil Authorities shall have no right to appeal sentences served by Church Courts.

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Agreement of 3 January 1979 Concerning Legal Affairs (ratified 4 December 1979; B.O.E. no. 300, 15 December 1979)

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AGREEMENT

1. The Spanish State recognizes the right of the Catholic Church to carry out its apostolic mission and guarantees the Church free and public exercise of those activities inherent of it, especially worship, jurisdiction and teaching.
2. The Church is free to establish its own organization. In particular, it may create, modify or suppress Dioceses, Parishes and other territorial circumscriptions, which shall be considered legal under civil law at the time they acquire legality under canon law and this is notified to the State’s competent agencies. The Church may also establish, confirm and suppress Orders, Religious Congregations, other religious institutions, other Ecclesiastical Institutions and Organizations. No part of Spanish Territory shall be dependent upon the Bishop whose seat is in an a area subject to the sovereignty of another State, and no Diocese or Spanish territorial district shall include territorial areas subject to a foreign sovereignty. The principality of Andorra will continue to pertain to the Diocese of Urgel.
3. The State recognizes the civil legal nature of the Spanish Episcopal Assembly, in accordance with the Statutes approved by the Holy See.
4. The State recognizes the civil legal nature and full capacity to act of the Orders, religious congregations and other religious institutions and their Provincials, Monasteries and Convents, and that of other religious Organizations and Foundations that have this status at the time at which this Agreement goes into effect. The Orders, Religious Congregations and other religious institutions and their Provincials, Monasteries and Convents that, having been established under canon law at that date, are not considered legal under civil law, and those established in accordance with canon law in the future, shall acquire civil legality upon registration at the corresponding State Registry Office, by virtue of an authentic document stating the establishment, purpose, identification, representative bodies, rules of operation and faculties of said agencies. For the purpose of determining the extent of and limitations to their capacity to act and, therefore, to dispose of their goods, they shall be governed by canon law, which will act in this case as statutory law. The Associations and other religious Organizations and Foundations that, having been established under canon law at the date on which this Agreement goes into effect, but that are considered legal under civil law, and those established by the competent Ecclesiastical Authority in accordance with canon law in the future, may acquire civil legality, and subject to stipulations in the State’s regulations, upon registration at the corresponding Registry, by virtue of an authentic document stating the establishment, purpose, rules of operation and faculties of said agencies.
5. Churches are guaranteed inviolability according to the Law. They may not be demolished unless they are no longer consecrated. In the case of necessary expropriation, the competent Church Authority shall first be heard.
6. The State shall respect and protect the inviolability of archives, registers and other documents belonging to the Spanish Episcopal Conference, to the Episcopal Curiae, the Curiae of the Superiors of religious Orders and Congregations, Parishes an other Church Institutions and Organizations.

The Holy See may freely promulgate and publish any resolutions referring to the governing of the Church and may freely communicate with prelates, the clergy and the faithful, as they may with the Holy See. Ordinaries and other Church Authorities shall have the same rights with respect to the clergy and the faithful.

III

The State recognizes Sunday as a holiday. Other religious activities to be recognized as holidays shall be decided by common consent.

1. The State recognizes and guarantees the exercise of the right of religious attendance of those citizens in prisons, hospitals, sanatoriums, orphanages and similar centers, both private and public.
2. Catholic religious attendance and pastoral activities of priests and members of religious orders in the above-mentioned centers that are public shall be regulated by common consent of the competent authorities of the Church and the State. In any case, the right to religious freedom and due respect for religious and ethical principles shall be safeguarded.

1. The Church may carry out its own charitable or welfare activities. Those Institutions or Organizations of a charitable or welfare nature that are part of the Church or dependent upon it shall be run according to the Church’s statutory regulations and shall have the same rights and benefits as those organizations classified as private charities.
2. The Church and the State may, by common consent, establish the bases for appropriate co-operation between charitable or welfare activities carried out by their respective institutions.

1. The State recognizes the civil effects of marriages celebrated according to Canon Law. Canon marriage is considered legal under civil law from the moment of the celebration. For full recognition of these effects, the marriage must be registered in the Civil Registry; this may be done with the presentation of the church certificate of the existence of the marriage.
2. The marriage partners, in accordance with the provisions of Canon Law, may go to the Ecclesiastical Courts to request a declaration of annulment or to request a pontifical decision concerning a valid but unconsummated marriage. By request of either of the parties, said ecclesiastical resolutions shall be considered valid under civil law if declared in compliance with State Law by sentence of the competent Civil Court.
3. The Holy See reaffirms the permanent value of its doctrine concerning marriage and reminds those who celebrate marriage in accordance with Canon Law of the serious obligation they assume to abide by the canon rules regulating marriage and, especially, to respect their essential meaning.

VII

The Holy See and the Spanish Government shall proceed by common consent in the resolution of any doubts or difficulties that may arise in the interpretation or application of any clause of this Agreement, guided by the principles informing it.

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Agreement of 3 January 1979 Concerning Education and Cultural Affairs (ratified 4 December 1979; B.O.E. no. 300, 15 December 1979)

The Spanish Government and the Holy See, continuing with revision of the concordat texts in the spirit of the Agreement of 28 July 1976, confer essential importance to matters related to education. On one hand, the State recognizes the fundamental right to religious education and has ratified international agreements that guarantee the exercise of this right.
On the other hand, the Church must coordinate its educational mission with the principles of civil liberty in religious affairs and with the rights of families and all students and teachers, to avoid any discrimination or privilege.
The so-called social media have become an efficient school of knowledge, criteria and customs. Therefore, the same principles of religious freedom and equality without special privilege that the Church and State profess in educational affairs shall be applied in the legal regulation of the media. Finally, the Church’s Historical, Artistic and Documental Patrimony continue to be an extremely important part of the cultural estate of the Nation. Therefore, placing this Patrimony in the service and for the enjoyment of society, its conservation and its increase justify collaboration of the Church and State. For this reason, both Parties conclude the following:

AGREEMENT

In view of the principle of religious freedom, educational activity shall respect the fundamental right of parents concerning the moral and religious education of their children in schools. In any case, education imparted in public teaching centers shall respect the values of Christian ethics.

Educational plans at the levels of preschool, Elementary School (EGB) and High School (BUP) and technical colleges for students of the corresponding ages, shall include the teaching of the Catholic Religion in all Educational Centers, in conditions equal to those of the basic subjects.
Out of respect for freedom of conscience, this religious education shall not be obligatory for all students. However, the right to receive it is guaranteed.
Academic authorities shall adopt the necessary means so that receiving or not receiving religious instruction shall not suppose any discrimination at the school.
At the teaching levels previously named, the corresponding academic authorities shall allow the Ecclesiastical Hierarchy to establish, under the specific conditions agreed upon, other complementary activities of training and religious attendance.

III

At the educational levels referred to in the previous article, religious instruction shall be imparted by those persons who, each school year, shall be appointed by the academic authority from among those proposed by the diocesan Ordinary. With sufficient advance notice, the diocesan Ordinary shall make known the names of those teachers and persons considered competent for said education.
In public preschool, elementary schools and technical colleges, the designation, as previously described, shall preferably fall to those elementary school teachers who have requested it. No one shall be compelled to teach religion.
Teachers of religion shall be part, for all purposes, of the faculty of their respective schools.

The teaching of Catholic doctrine and its teaching at the University Schools for Teacher Training, under the same conditions as the other basic disciplines, shall be voluntary for all students. Teachers of Catholic doctrine shall be named by the academic authorities in the same manner as that established in Article III and they too shall be considered part of the their respective faculties.

The State guarantees that the Catholic Church may organize voluntary teaching courses and other religious activities in Public Universities, using the premises and resources of these centers. The Church Hierarchy shall come to an agreement with the Centers’ Authorities for the suitable exercise of these activities in all aspects.

It shall be the responsibility of the Church Hierarchy to decide the contents of Catholic teaching and training courses, as well as to propose textbooks and educational material relative to said teaching and training.
The Church Hierarchy and the State’s agencies, within the scope of their respective competence, shall ensure that the teaching and training are suitably imparted, with the religious teaching subject to the general control of the Centers.

VII

The economic situation of teachers of the Catholic religion at the different educational levels, who are not part of the State’s teaching staff, shall be arranged by the central government and the Spanish Episcopal Conference, in order that it be applied when this Agreement takes effect.

VIII

The Catholic Church may establish diocesan and religious Minor Seminaries, the specific nature of which shall be respected by the State.
In order to be considered elementary schools, high schools or universities, the general legislation shall be applied, although neither a minimum number of registered students nor the acceptance of students in accordance with their geographical origin or family residence shall be required.

Teaching centers that are not universities, independent of their grade or specialty, established by the Church now or in the future, shall conform to the legislation in force, concerning the exercise of their activities.
X

1. Universities, University Colleges, University Schools and other University Centers established by the Catholic Church, shall conform to the legislation in force, concerning the exercise of their activities.
In order for studies carried out in these Centers to be recognized under civil law, they shall be governed according to current legislation concerning those subjects at all times.
2. The State recognizes the legal existence of those Universities established by the Church in Spain as of the date in which this Agreement comes into effect. The legal regulations of these Universities must adapt to the legislation in force, except for that stipulated in Article XVII.2.
3. Students at these Universities shall have the same benefits in matters of health care, student security, student aid and research and other forms of student protection as those established for students at State universities.

The Catholic Church, in accordance with its own law, maintains its autonomy in the establishment of Universities, Departments, Institutes of higher learning and other Centers of Ecclesiastic Science for training priests, religious and laymen.
Confirmation of studies and recognition by the State of the civil effects of degrees conferred by these centers of higher learning, shall be the subject of specific regulation between the competent authorities of the Church and the State. As long as this regulation is not in effect, possible confirmations of those studies and the granting of civil value to the degrees conferred shall be made in accordance with the general norms on this subject.
The confirmation and recognition of studies carried out and degrees obtained by clergymen or laymen in Departments approved by the Holy See abroad shall also be regulated by common consent.

XII

State Universities, upon prior agreement with the competent Church authority, may establish Centers of higher learning for the study of Catholic theology.

XIII

The Church’s teaching centers, regardless of their grade and specialization, and their students shall have the right to receive those subsidies, scholarships, fiscal benefits and other aid that the State grants to private centers and to the students at these centers, in accordance with the system of equal opportunity.

XIV

Safeguarding the principles of religious freedom and freedom of expression, the State shall ensure that its social media shall respect the feelings of Catholics and shall establish the corresponding agreements concerning these matters with the Spanish Episcopal Conference.

The Church reiterates its disposition to continue to place its historic, artistic and documental patrimony at the service of society in general and shall come to an agreement with the State concerning the basis for effecting the common interests and collaboration of both parties, for the purpose of preserving, making known and cataloging the Church’s cultural patrimony, facilitating its viewing and study, assuring its best possible conservation and preventing all losses, within the framework of Article 46 of the Constitution.
For these purposes and any others related with said patrimony, a Mixed Commission shall be formed within a year’s time at the latest, from the date on which this Agreement becomes effective in Spain.

XVI

XVII

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[T]he rights acquired by those Universities that the Church has established in Spain at the time of the signing of this Agreement are assured. These, however, may choose to adapt to the general legislation concerning private universities.

Agreement of 3 January 1979 Concerning Economic Affairs (ratified 4 December 1979; B.O.E. no. 300, 15 December 1979)

The review of the system of economic contributions made by the Spanish State to the Catholic Church is of special importance when substituting the Concordat of 1953 with new Agreements.
On the one hand, the State cannot indefinitely ignore or prolong legal obligations undertaken in the past. On the other hand, given the spirit shaping the relations between Church and State, in Spain it is necessary to give new meaning to both the sections concerning economic contributions as well as to the common system according to which said contributions shall be made. Consequently, the Holy See and the Spanish government conclude the following:

AGREEMENT

The Catholic Church may freely obtain payment from the faithful, organize public collections and receive alms and offerings.

1. The State promises to collaborate with the Catholic Church in the obtention of adequate economic support, absolutely respecting the principle of religious freedom.
2. Three complete fiscal years after this Agreement is signed, the State may assign to the Catholic Church a percentage of the yield from income taxes or net patrimony or other taxes of a personal nature following the most suitable technical method. To do this, each taxpayer must, on the respective tax form, expressly declare his decision concerning the use he wishes to make of the money concerned. In the absence of such a declaration, the corresponding amount shall be assigned to other purposes.
3. This system shall substitute the bequest referred to in the next section, in such a way that the Catholic Church shall receive funds of a similar amount.
4. As long as the new system is not applied, the State, in the General Budget, shall consign a suitable bequest to the Catholic Church, in the form of one lump sum, that shall be updated yearly.
During the substitution process, which shall take place over a period of three years, the budgetary bequest shall be decreased in proportion to the tax assignation received by the Catholic Church.
5. The Catholic Church declares its intention of obtaining sufficient resources for its needs of its own accord. Once this has been achieved, both parties shall agree to substitute the systems of financial collaboration described in the preceding paragraphs of this article, in other areas and by other means of economic collaboration between the Catholic Church and the State.

III

The following shall not be subject to income tax or value-added tax, as appropriate:
a) Apart from the concepts mentioned in Article I of this Agreement, the publication of instructions, statutes, pastoral letters, diocesan bulletins and any other document written by the competent church authorities, nor their placement in the usual places.
b) Teaching activities in diocesan and religious Seminaries, as well as ecclesiastical disciplines at Church Universities.
c) The purchase of objects intended for worship.

1. The Holy See, the Episcopal Conference, the Diocese, Parishes and other territorial Districts, religious Orders and Congregations and religious Institutions and their Provincials and their convents and monasteries are entitled to the following exemption:
A) Total and permanent exemption from property taxes on the following real estate:
1. Churches and chapels designated as places of worship, and their branches and annexed local buildings designated for pastoral purposes.
2. Bishops’ residences, canons’ residences and residences of parish priests.
3. Premises designated as offices for the diocesan Curia and parish offices.
4. Seminaries designated for training diocesan and religious clergy, and Church Universities, as long as they impart teaching related to church disciplines.
5. Those buildings designated fundamentally as Houses or Convents of the Orders, religious Congregations and religious Institutions.
B) Total and permanent exemption from excise duties, income tax and capital gains taxes. This exemption does not include those products obtained through financial operations, nor those derived from its patrimony, when it has been transferred, nor to capital gains, nor to earnings subject of withholding at the source on income tax.
C) Total exemption from taxes on succession, donations and transfer taxes, as long as the acquired goods or rights are intended for worship, maintenance of the Clergy, the sacred apostolate and charitable purposes.
D) Exemption from special contributions and rates, when these taxes fall on the goods listed in section A) of this article.
2. The amounts donated to the church organs listed in this article and assigned for the purposes stated in section C), have the right to the same deductions on income tax as those amounts given to organizations classified or declared as charitable or of public utility.

The religious Associations and Organs not included among those listed in article IV of this Agreement and that are dedicated to religious, charitable, teaching, medical or hospitable or social care, shall have the right to the fiscal benefits that the Spanish State’s legal and tax regulations provide for non-profit organizations, and in any case, those granted to private charitable organizations.

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