Legal settlement of July 20th, 1933

The legal settlement of July 20th, 1933 is a agreement signed between the the Holy See, represented by the cardinal Pacelli (future pope Pie XII), Secretary of State, and the German Reich, represented by Adolf Hitler. It is still into force nowadays.

Genesis of the legal settlement

The will of Black and white XI to sign a Concordat with the Germany falls under its great policy aiming at preserving the rights of the Église and the Christian family, in two fields in particular: the education and the Marriage. Thus it signs the Concordat with the Italy of Mussolini, within the framework of the Accords of Lateran.

Pie XI has a good knowledge of the Germany. He is not unaware of the difficulties raised by the after-effects of the Kulturkampf in a country mainly Protesting: the catholics account for only 32% of the population, concentrated in Bavaria and the Rhineland. Nevertheless, this important minority is active, in particular being the youth movements. It counts 20.000 priest S, 100.000 monks and a political party, the Zentrum .

Black and white XI request thus with M {{gr.}} Pacelli, Apostolic nuncio in Germany, to engage of the negotiations with the Weimar Republic. This one meets Friedrich Ebert. However, the federal government does not wish to maintain the relations directly with a Religion. Article 137 of the Constitution of Weimar thus proscribes all “Church of State”. On the other hand, it allows negotiations the level of the Länder . Consequently, of the Concordat S are signed with the Bavaria (March 29th 1924), the Prussia (June 24th 1929) or the country of Bade (December 12th 1932), all under conditions overall favorable to the Catholic church.

The agreement

The arrival of the Nazi party to the capacity in January 1933 changes gives it. The preserving catholic Franz von Papen is named vice-chancellor. The programme of restoration of the German size allures part of the catholics. On its side, Pie XI is traumatisé by the events of the Soviet Russia. It starts again the negotiations in March, this time on the level of the very whole Germany. It rests on M {{gr.}} Pacelli, become Secretary of State, M {{gr.}} Gröber, Archevêque of Freiburg, and M {{gr.}} Kaas, president of the Zentrum . Hitler itself is convinced little by the idea of such an agreement, but von Papen convinces it: it makes him gleam the rallying of the catholic electorate.

The negotiations proceed very quickly. The July 20th, convention is signed. Von Papen sees there a great victory against the Bolchévisme; Black and white XI an “unexpected and unhoped-for” agreement (Mr. Agostino), avoiding new a Kulturkampf . If the Zentrum disappears, the Catholic church is recognized for the first time in the whole of the Reich; associations, the uvres of youth, the denominational school are seen granting guarantees; the confiscated goods are restored.

The German catholics accommodate the Concordat of a rather favorable eye; thus Cardinal Bertram, which had however chaired the conference of Fulda (1932) prohibiting the catholics from adhering to NSDAP. In fact, the government Nazi appears an interlocutor worthier of confidence than the Weimar Republic, shown of all the evils. Side of the Nazi S, one is satisfied disappearance of the Zentrum .

Posterity of the legal settlement

Very quickly, the Église must lose its illusions: as in Italy, the Concordat is not respected. At the end of June, at the time of the “Night of the Long Knives”, the leaders of the youth movements catholic are carried out by the S. As from October, the Nazi S persecute the Clergé. During the summer 1934, the Austrian chancellor Dolfuss, enthusiastic catholic, is assassinated.

Rome reacts by putting at the Index the Myth of the XXe century , of the ideologist Nazi Alfred Rosenberg. Pacelli addresses 55 notes of protests, of 1933 with 1939, with the German government. Lastly, the March 14th 1937, Pie XI publishes the Encyclique MIT brennender Sorge , condemning the Paganisme and the Racisme. For as much, the Concordat is denounced per none the parts.

After the Second world war, the fate of the Concordat is suspended. The March 26th 1957, the German Constitutional court recognizes its validity.

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