Controlling professors through the Bavarian Concordat (1924)Bavarian concordat: Art. 5 on the Catholic University
This article was inserted into the Bavarian concordat after 1980, when the Catholic University was founded. In 2001 its name was changed to the “Catholic University of Eichstätt-Ingolstadt”. From the start it was intended to be administered by the Church, but subsidised 85 to 90% by the taxpayer.
Arms of Bavaria, the most Catholic region of Germany,
nextdoor to Austria, whose southeast German culture it shares.
Concordat between His Holiness Pope Pius XI and the State of Bavaria
of 29 March 1924
Supplemented by
The Concordat between the Holy See and the German Reich of 20 July 1933
[and amended four times by new treaties between 1969 and 2007]
Article 5
§ 1. The State ensures the founding and operation of a Catholic University under Church administration,
a) with the following academic courses of study:
— Catholic Theology
— other humanities, as well as mathematics and geography, after more consultation through an exchange of notes between the Apostolic Nunciature and the Bavarian State Government,
— economics,
b) with the following college courses of study [leading to professional qualifications]:
— pedagogy of religion and Church educational work,
— social work.
The seat of the Catholic University is Eichstätt. The location of the academic courses of study and the college courses of study will be determined through an exchange of notes between the Apostolic Nunciature and the Bavarian State Government.
The establishment and operation of the Catholic University under Church administration are to remain assured, for as long as and insofar as they are conducted within the framework of the laws applying to all and in accordance with the conditions of this Treaty.
§2. (1) The State replaces for the Administrator of the Catholic University at its request 90 per cent of the actual expenditure (also for investments). However, only those expenditures will be taken into consideration such as arise at comparable state institutions of higher learning and their facilities. The expenditure refund by the State is reduced from the beginning of the year in which studies are instituted in the Faculty of Economics to 85 per cent.
(2) The buildings and facilities (investments) facilitated by State funds which on a permanent basis no longer serve the purposes of the University remain the property of the Administrator of the Catholic University, if [the Administrator] pays compensation for the current market value proportionate to the share of the State subsidy. The Administrator can also transfer ownership of the buildings and facilites to the State; in this case the State pays compensation at the current market value minus the increase in value caused by the State subsidies.
§3. The Administrator draws up the constitution of the University and the remaining regulations, in particular the regulations governing study, examinations and habilitation [a postdoctoral degree], insofar as these are also drawn up by the state universities and colleges. [The Administrator] determines how the University is structured, which staff bodies are to be formed, how they are to be constituted and what description the University [legally] bears. In each case the Administrator needs State approval for this. The approval will be given if the regulations doesn’t contravene the law and if the equal value of education and of qualifications is ensured.
§ 4. The Catholic University has the right, without further State involvement, in the research and university and college courses of study cited in Article 5 §1, on the basis of examination regulations, which are equivalent to the examination regulations at State universities and colleges, to set examinations, issue certification and award the academic titles which are awarded in comparable subjects and under comparable conditions by State universities or colleges. A doctorate in all of the academic courses of study cited in § 1, as well as permission to teach, presuppose an academic study. The university or college examinations, degrees and certification convey the same entitlements as the examinations, degrees and certification of the same courses of study at State universities or colleges. A completed course of study at the Catholic University counts as a completed course of university or college studies, as defined by the general laws on higher education. Examinations in the framework of the education and further education of priests comply solely with Church law, insofar as the examinination leads to no academic title.
§ 5. Examinations that qualify one to teach at public [State] schools are, on the basis of academic regulations as State examinations are – insofar as this is general practice – held at the Catholic University.
Students educated at the Catholic University are, in accordance with the requirements of the general regulations, allowed to sit State examinations for teaching, like comparable students of State universities and colleges. The State, within the framework of its competence, will provide that they are treated equally in their professional employment with those educated at State universities and colleges.
Source:
Konkordat zwischen Seiner Heiligkeit Papst Pius XI. und dem Staate Bayern (29.03.1924)
http://www.bmi.bund.de/cae/servlet/contentblob/129376/publicationFile/13160/Bayern_Kathol_Kirche.pdf
http://www.verfassungen.de/de/by/bayern-kirchenvertraege25.htm
Translated by Muriel Fraser
