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Reich Concordat between the Holy See and the German Reich (July 20, 1933)

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Article 11.

The present organization and demarcation of dioceses of the Catholic Church in the German Reich is to remain in force. Establishment of a new bishopric or province of the Church or other changes in the demarcation of the dioceses which may seem advisable in the future, in so far as new arrangements within the boundaries of a German Land are involved, remain subject to agreement with the competent Land Government. New arrangements or changes extending beyond the boundaries of a German Land require agreement with the Reich Government, to whom it is to be left to obtain the consent of the Länder Governments in question. The same applies to the establishment of new provinces of the Church or changes in existing provinces, in the event that several German Länder are concerned. The foregoing conditions do not apply to changes in ecclesiastical boundaries which are made solely in the interest of local pastoral work.

In the event of reorganization within the German Reich, the Reich Government will communicate with the Holy See for the purpose of changing the organization and demarcation of dioceses.

Article 12.

Without prejudice to the provisions of article 11, ecclesiastical offices may be freely established and changed, provided expenditures of state funds are not required. Governmental cooperation in the establishment and alteration of parishes is to take place in accordance with principles agreed upon with which the diocesan bishops, and the Reich Government will try to influence the Länder Governments to make them as uniform as possible.

Article 13.

Catholic parishes, parish and diocesan associations, Episcopal Sees, bishoprics and chapters, religious orders and congregations, as well as institutions, foundations, and property which are under the administration of ecclesiastical authority, shall retain or acquire legal competence in the civil domain according to the general prescriptions of the law of the State. They shall remain corporations under public law in so far as they have been such hitherto; the others may be granted the same rights under the law that applies to all.

Article 14.

In principle the Church has the right to make appointments freely to all Church offices and benefices without the participation of the State or the civil communities, in so far as other arrangements have not been made through the Concordats mentioned in article 2. With respect to the filling of Episcopal Sees, the regulation applying to the Metropolitan See of Freiburg (ecclesiastical province of Upper Rhine) shall be similarly applicable to the two suffragan bishoprics of Rottenburg and Mainz, as well as to the bishopric of Meissen. The same applies, in the two suffragan bishoprics named, to appointments to the Cathedral Chapter and the regulation of the right of patronage.

Furthermore, there is agreement on the following points:

1. Catholic clergy who hold an ecclesiastical office in Germany or who exercise pastoral or educational functions must:

(a) be German citizens,

(b) have obtained a diploma entitling them to study at a German higher institution of learning,

(c) have finished at least 3 years of philosophical and theological study at a German state university, a German ecclesiastical academic institution or a pontifical institution of higher learning in Rome.

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