Das Konkordat 1933/34 und seine allgemeine Bedeutung für das österreichische Religionsrecht

Abstract

Summary: As special regulations for individual churches and religious societies in a democratic constitutional state, concordats and church treaties are an expression of a system of cooperation between state and religious communities. This reveals the characteristic phenomenon of the model effect of the regulations for the original state religion, which gives law on religion a country-specific character. In this way, on the basis of the principle of parity, the Austrian Concordat 1933/34 came to apply indirectly to all legally recognized churches and religious societies. The Concordat must therefore be seen in the context of Austrian law on religion as a whole, which is often forgotten in the criticism that is repeatedly voiced in public. In the second decade of the 21st century, however, there are signs of a certain reversal, as Islamic communities in particular are increasingly coming under the pressure of supervision by the state. The extent to which this will lead to a spill-over based on the principle of parity or to a questioning of the religious neutrality of the state that differentiates between religious communities is an open question. However, both options would ultimately mean turning away from the Austrian law on religion developed in the 20th century, which cannot be understood without the Concordat of 1933/34.