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BOX-FOLDER-REPORT: 31-4-180
TITLE:             Provisions of Law Regulating the Relationship Between State and Church in Hungary
BY:                Magyar Kozlony
DATE:              1961-11-14
COUNTRY:           Hungary
ORIGINAL SUBJECT:  Background Research
THEMATIC SUBJECTS: Hungary--1956-1965, Legislation, Church and State

--- Begin ---

"E" DISTRIBUTION - 570 14 NOVEMBER 1961

RFE RESEARCH AND EVALUATION DEPARTMENT

Background Research

PROVISIONS OP LAW REGULATING THE RELATIONSHIP

BETWEEN STATE AND CHURCH IN HUNGARY

[page 1]

PR0VISIONS OF LAW REGULATING THE RELATIONSHIP
BETWEEN STATE AND CHURCH IN HUNGARY

15.3.45. Nationalization of Church Properties

Cabinet Decree No.600/1945 of the National Provisional
Government, "Magyar Kozlony" 18.3.45, P .1.

Statutory Rule No.1949/2 - Collection of Legal Provisions
in Force between 1945-19 58, p.193.

Decree No.170/1951 -- 15.9.51 -- of the Council of
Ministers.

16.6.48. Nationalization of Schools Maintained by the Church

Law No.33/1948 - Collection of Legal Provisions in Force
between 1945-1948, Volume I, p.40.

Introduction of the Bill, "Szabad Nep" 15.6.48, p.l.

Enacting Clause No.8000/l948 of the Minister of Culture,
"Magyar Kozlony" 27.6.48, p.1456.

1.2.49. Separation of State and Church

Law No.20/1949 - Collection of Legal Provisions in
Force between 1945-19 58, Volume I, p.29.

6.9.49. Termination of Obligatory Teaching of Religion

Statutory Rule No.5/1949 - Collection of Legal Provisions
in Force between 1945-1958, Volume I, p.194.

Decree No.11O1/1, 1949 (184) of the Minister of Culture,
"Magyar Kozlony" 6.9.49, P. 1453.

Decree No.110l/ll/1, 1950 -- 15.9.50 -- of the Minister
of Culture, "Magyar Kozlony" (part two) 15.9.50,
p. 1232.

Government Decree No.21/1957 -- 24.3.57 -- Collection
of Legal Provisions in Force between 1945-19 58,
Volume II, p.514.

Introduction of the Precept No.39/1957 of the Minister
of Culture, "Uj Ember" 16.6.57, p.4.

22.10.94. Taking of the Oath by Church Personalities

Cabinet Decree No.42/1949 -- 22.10.49 -- Collection of
Legal Provisions in Force between 1945-1958, Volume II,
P.162.

[page 2]

30.6.50. Segregation of Theological Colleges
Statutory Rule No.23/1950 - Collection of Legal
Provisions in Force between 1945-19 58, Volume I, p.207.

30.8.50. Agreement Concluded between the Roman Catholic Church
and the State

Agreement of the People's Republic Government and the
Bench of (atholic Bishops, "Kis Ujsag" 1.9.50, p.1.

7.9.50. Dissolution of Religious Orders

Statutory Rule No.34/1950, "Magyar Kozlony" 7.9.50,
Part I, p 1008.

24.9.50. Nationalization of Church Archives

Statutory Rule N0.29/1950 - Collection of Legal
Provisions in Force between 1945-19 58, Volume I, p.208.

Decree No.1610-26/1950 -- 8.8.50 -- of the Minister of
Culture - Collection of Legal Provisions in Force
between 1955-1958, Volume III, p.749.

Decree 161-44/1950 -- 24.9.50 -- of the Minister of
Culture - Collection of Legal Provisions in Force
between 1955-1958, Volume III, p.750.

19.5.51. Setting up of the State Office for Church Affairs

Law No. 1/151, "Magyar Kozlony" 19.5.51, p.436.

Cabinet Decree No.110/1951 -- 19.5.51 -- "Magyar Kozlony'
19.5.51, P. 436.

Decree having the binding force of Law No.33/1956,
"Magyar Kozlony" 29.12.56, p.613.

Decree having the binding force of Law No.25/1959,
"Magyar Kozlony" 2.6.59, p. 522.

Decree No.3-959 -- 2.6.59 -- "Magyar Kozlony" 2.6.59,
P.523.

3.7. 51. Regulation of the Filling, of Church Positions
Decree passed by the Presidium, "Szabad Nep" 4.7.51,
p.3.

Decree having the binding force of Law No.22/1957 -
Collection of Legal Provisions in Force between
1945-1958, Volume I. p. 327.

[page 3]

6.4.59. Interpretation of the Decree Regulating the Filling
of Church Positions

Decree No.18/1959 -- 6.4.59 -- "Magyar Kozlony" 6,4.59,
P. 236.

***

NATIONALIZATION OF CHURCH ESTATES

1. Decree No.600/1945 of the Provisional National
Government, Chapter III: Expropriation of holdings.

Paragraph 9: Upon the expropriation, the actual
situation of the land as of 1 January 1944 has to be considered, by
calculating together all the real estate under agricultural
cultivation belonging to the owner. Paragraph 19 deals with the
expropriation of forests.

Para 10: For the purposes of distribution of land,
estates over 100 cadastral "hold", i.e. over 50 "hold", in case
they are located within a radius of 30 km from the outskirts of
the capital, have to be requisitioned.

Para 12: In the case of holdings between 100 and 1,000
"hold", or in the case of properties belonging to municipal
authorities, villages and Churches, or irrespective of their size
and depending on the result of the procedure described in para 17
- in the case of trust estates: 100 "hold" of agricultural real
estate are exempt from expropriation.

If, however, in some village or distribution group, the
land to be distributed is less than the number of those with a
claim to land, the National Land Regulating Council might decree
the expropriation of a whole estate. In such cases, the person
subject to expropriation has to receive in another part of the
country 100 "hold" of real estate of an identical quality.

Para 17: The committee of three, composed of delegates
of the Ministries of Agriculture, Public Welfare and the Ministry
of Religion and Public Education, joined by an expert, has the
duty to supervise all the trusts founded for some special cultural
purpose and invested in real estate, now dependent on the
Management of Trusts, in order to establish whether the cultural or
other purpose of the trust is of public interest. Further how
much land is needed for the carrying out of such a purpose and
whether those cultural institutions or trusts have some other
sources of income of such extent, that the holding of land is
not essential.

If that committee decides that the cultural or other
purpose of a trust is not of public interest, the trust estate
has to be expropriated to its full extent. An estate which is

[page 4]

larger than needed for the accomplishment of the purpose (it
cannot he larger than 100 "hold"; and if the purpose can be
satisfied by an income drawn from another source, it has also
to he expropriated. In the latter case even the whole of it.
Insofar as the committee finds that the purpose of the trust
serves the public interest and the land left for the trust does
not assure the fulfillment of that purpose, the government will
take other measures for its fulfillment.

Para 19...

Each wooded area larger than 10 "hold" is subject to
expropriation. But insofar as the forest to be expropriated
belongs to an estate of less than 100 "hold", the owner has to
be compensated from the land-fund with land of the same size,
but in another part of the country.

Para 25: Live and dead stock, farm buildings, etc.,
belonging to the real estate subject to expropriation are also
subject to expropriation, irrespective of whether they belonged
to the person whose property is expropriated or to someone else.
Of the live and dead stock only so much is exempt from
expropriation as is needed for the cultivation of the remaining
property and for the lease. This, however, cannot be more than
the live and dead stock needed for farming over 200 "hold" of
land.

Chapter VII: Compensation

Para 30: The basic principle to be followed in the
execution of this decree is, that -- except for the persons listed
in para 4 -- the owner of the expropriated estate is entitled
to compensation for the movable and immovable equipment,
enterprises, etc., on his land.

The compensation for expropriated landowners, i.e. the
payment of creditors from the land-register up to the amount of
the sum of compensation, is the task of the state.

Out of the amortization paid by the new land holders,
a real estate-regulation fund is established, out of which the
state pays damages to the persons subject to expropriation in
accordance with its capacity...

Chapter VIII: Miscellaneous Rules

Para 50: Inasmuch as part of the confiscated or
expropriated estate serves -- on a basis of the rights of
patronage or as a Church fiscal property -- Church purposes,
the respective Church high authority might claim real estate
for this purpose.

"Magyar Kozlony" 18.3.45, p.l.

[page 5]

2. Decree No.2/1949:

Abolition of Trusts, Their Division and Their Merger

Para 1: The trust has to be annulled if

a) the carrying out of its purpose becomes impossible
or if it endangers public interests;

b) if the success of its carrying out can only be
assured by state, authoritative or village (city) administration;

c) if its purposes cannot be adjusted to present
changed conditions;

d) if the whole of the property is either lost, has
perished or has become valueless.

Para 2: The trust can be abolished if its value is
under 10,000 forint.

Para 3: The assets of the abrogated trust have to be
handed over either entirely or divided, according to points of
view of expediency -- and irrespective of the rules set by the
founder of the trust for the eventuality of the trust's
abrogation -- to the ownership of the state, or a county, or a
village (city).

Para 8: For trusts only serving religious or pious
purposes, besides the part of trust property remaining after the
division of property has been carried out on the basis of
para 4, the rulings contained in paragraphs 1-6, cannot be
applied.

If according to the distribution of property based on
para 4, the sum remaining from the trust fund for religious or
pious purposes would be disproportionately small and the founder
had not specified the assets to be used exclusively for those
purposes, the rulings of paragraphs 1-6 can be applied. In this
case, however, the obligations attached to the service of the
religious or pious purposes have to be carried out by those to
whom the property passes. On the basis of para 6/1, the
respective minister cannot cancel or restrict those obligations.

In the question, whether a trust is entirely or only
partly serving religious or pious purposes, the minister in
charge of the supervision decides.

The Foundation of Trusts

After the present decree comes into force, a trust can
only be founded, if it is approved by the competent minister.

[page 6]

Para 10: The rulings of para 9 concerning the
foundation of an exclusively religious or pious trust can only "be
applied if the value of the property to be used for trust
purposes is above 10,000 forint.

(Collection of Legal Provisions in Force
between 1945-1958, Volume I, p.193)

Decree No.170/1951 -- 15.9.51 -- of the Council of
Ministers of the Hungarian People's Republic:

In the agreements concluded with the various Churches,
the Council of Ministers assumed the payment of a considerable
part of the expenses connected with Church activities. The
salaries of the priests were raised, and priests were also
included in the system of sick insurance.

Para 1: (l) For the financial coverage of Church
activities, the Council of Ministers set up a Fund for Religious
Denominations.

(2) This fund serves for the coverage of the material
and personal expenses of the Churches.

Para 2: (l) The income of the fund consists of a
state subsidy guaranteed by the budget; of the counter-value of
agricultural real estates offered voluntarily by the Churches,
besides other incomes.

(2) Within the fund, the counter-value of agricultural
real estates has to be handled separately in each denomination.

Para 3: (l) The fund is managed by the State Office
for Church Affairs.

(2) The State Office for Church Affairs has to make
an annual report to the Council of Ministers on the
administration of the fund.

Para 4: (l) The fund is exempt from all kinds of
taxation and dues.

(2) The state support granted for the fund has to be
guaranteed by the budget of the office of the President of the
Council of Ministers.

Para 5; The State Office of Church Affairs and the
Minister of Finance are jointly in charge of the execution of
this decree.

Signature: Istvan Dobi
President of the Council of Ministers
("A Kereszt" 27.9.51, p.3)

[page 7]

NATIONALIZATION OF SCHOOLS MAINTAINED BY THE CHURCH

1. Law No.33/1948: 

In the matter of the state taking over the maintenance
of non-state schools, the assets connected with them and the
teaching staff, (The whole text of the law article was not
published.)

(Collection of Legal Provisions in Force
between 1945-1958, Volume I, p.40)

2. Introduction of the Mil: It is stated by the bill,
that the present non-state owned schools, along with the students'
hostels and kindergartens connected with them, but except for the
theological colleges only serving Church purposes and schools
training deacons and deaconesses - will be taken over by the state.
The government has the right to make exceptions to this rule. From
the first day of the month following the enforcement of this law,
the teaching staff of the denominational schools will be reassigned
to the status of state employees with the maintenance of their
former class of salary,, The state also takes over all the other
employees of those institutes who are on a regular payroll. The
buildings, the furniture, the equipment of the denominational
schools, besides any other possessions serving the maintenance of
the schools, will also go over into state ownership, in their
quality of trust funds for public education.

It was stressed in the motivation of the bill, that
since the compromise of 1867, the maintenance of denominational
schools was assumed to a large part by the parents, public
institutions and even by the state itself and that although the costs
of maintenance were largely shifted over by the Churches to the
state -- particularly since the introduction of free education --
insufficient care was taken about the modernization and
development of our public schools. Since the liberation, they could do
even less than before on behalf of their school maintenance
duties, running parallel with their rights. The spirit in our
schools, especially the unsettled relations between Church and
state, the cultivation of economic and social ideologies, left
over from the past, did not meet at all the interests of the
people and the demands of democracy.

It was also stressed by the motivation that at the
applications for admittance to the elementary schools connected
with the Church gymnasiums, more than once a conscious, social
selection was applied. Either openly or covertly, high tuition
fees were collected and by denying through this the principle of
gratis education, they continue to be in favor of schools in
which class points of view dominate. The text continues by
establishing that: it is particularly deplorable that in many of
the denominational schools, the educational ideals are in
opposition to the targets set by democratic schools.

[page 8]

Dealing with the high schools, the motivation states
that the Church Academies of Law are institutions which have
lost their importance; with the introduction of the primary
school, the only Church-maintained college for training secondary
school teachers became superfluous, while the government desires
not to change theological colleges and other institutions in
the service of Church purposes.

Finally, the motivation stressed "that the bill does
not affect in any way the present order in force, namely the
obligatory teaching of religion in schools, but is only aimed
at the unity and creation of our public education."

("Szabad Nep" 15.6.48, p.1)

3. Executive Clause No.8000/1948 of the Minister of
Culture:

Para 1: Nationalized Institutes

The taking over of the maintenance of non-state owned
schools by the state, the putting of all the assets in connection
with them into state ownership; the taking over into state
service of the teaching staff: is contained in the legal
provision 33/1948. Ruling of para 1 applies to denominational, village
and corporation schools, the Academy of Civil Law, high schools
training teachers, gymnasiums, high schools training female
teachers, secondary schools for girls, nurse training institutes,
secondary schools, primary and elementary schools, institutes
for backward children - unless the government did not exempt
them in accordance with para 1. Students hostels, connected with
primary or secondary schools, i.e. in which the majority of
students attend the primary or secondary school, also belong to
that category. A connection can also be established even if the
students' hostel is not in the same building as the school. A
students' hostel, which does not belong to the school, i.e. in
which the majority of students are university students, divinity
students or the hostel has the character of an orphanage or an
almshouse, do not fall under the rulings of para 1. In case of
an argument, it is the Ministry of Religion and Public Education
which decides whether the students' hostel should be qualified
a students' hostel connected with the- school or not.

Para 2: Institutes which the State Has not Taken Over

(l)The following types of schools are not taken over by
the state because they serve exclusively Church purposes:
theological high school; Church teachers1 training college, which do
not issue certificates considered valid by the state; higher
types of priests1 and rabbis1 training institutes; high school
training female religious teachers; Baptist seminary; deacons'
and deaconesses' training college; choir school; missionary

[page 9]

training school; institute training for Christian charity;
orphanage; almshouse and any other institute set up for the
practicing of Christian charity.

(2) The state does not take over certain students'
hostels, which otherwise fall under para 1, in which members of
orders, divinity students or priest candidates are regularly
accommodated. This decree does not apply to the so-called
"small seminarists" who are not considered divinity students.
The Ministry of Religion and Public Education establishes in
each case separately, to what extent and under what conditions
the students living in the part of the house not taken over by
the state, might participate in the services granted those
students who are accommodated in the nationalized part of the
building.

Para 3: Administrative Affairs

(1) The school taken over by the state has to be
immediately supplied with a title indicating the state character
of the school. If in the old school name anything else but the
location of the school figures (reference to the founder of the
school, to the person who maintains it or to some prominent
personage of the country) the Minister of Public Education
decides in each case separately on the name of the school.

(2) The school registers of the schools taken over by
the state have to be handed over to the state-appointed director.
The director has the right to issue copies of certificates and
these have to be supplied with the signet of the state school.

(3) The former signet of the nationalized school is
forbidden to be used after 31 July 1948.

(4) The former management of the school is obliged to
forward within eight days, on the request of the new director,
any documents pertaining to some definite case or a specific
person.

(5) All kinds of rights the Church or another autonomous
authority had over the nationalized school, i.e. students' hostel,
are invalidated and in all respects they come under the rulings
pertaining to nationalized schools and students' hostels. The
day, when the director assigned by the state has taken over the
school (students' hostel), has to be considered the date of the
nationalization.

(6) Instructions in connection with the supervision
of studies or control, issued by the former school authorities
lose their validity. This ruling does not apply to the
supervision of religious teaching.

[page 10]

Para 4: The Taking Over of Non-State Employees

(1) Paragraph 2. Those employees who were employed
for full-time and not for seasonal work, have to "be considered
employees on a regular payroll, subject to para 2.

a) Insofar as such an employee has formerly received
a salary grant, he has to be reclassified to a regular post
corresponding with the position he held "before;

b) Insofar as he did not participate in a grant, "but
was employed by the keeper of the school in a permanent post,
he has to be reclassified to a regular post corresponding with
the position he held before;

c) Insofar as he did not participate in a grant, but
had worked full-time for one year, he has to be reclassified to
a regular post corresponding with the position held before;

d) Insofar as he was engaged by the maintainer of the
school temporarily for less than one year, but full-time, he has
to be taken over and paid an honorary fee;

e) Insofar as the person falling under item a-d) is
paid by the hour, he has to be taken over in that capacity;

f) Insofar as the employees engaged for work other
than teaching have worked a daily eight hours and were in
service for at least two years, they have to be taken on a
regular payroll corresponding with their former posts;

g) Insofar as an employee engaged for work other than
teaching has worked a daily eight hours, but for less than two
years, he has to be put on a regular payroll corresponding with
his former post;

h) Insofar as he was engaged for work other than
teaching and worked less than eight hours a day, this person
has to be taken over as a day-laborer.

(2) If the employee has filled his former post without
a suitable qualification, this person has to be reclassified to
a post in accordance with his qualifications and his former
salary will be paid as long as he does not attain through
promotion or appointment his present pay category.

(3) Such employees have to be considered employees
on no regular payroll, who -- though in a capacity of main
occupation -- were engaged for some seasonal work (for example,
replacing someone sick) less than one school term. In respect
of such employees, the Minister of Education has to deal with
each case separately. They have to be employed either paid by
the hour, or by getting honorary fees or as daily laborers.

[page 11]

(4) The minister decides in each case separately,
about whom should be taken over from the ecclesiastical
employees who carried out simultaneously teaching and priest functions.

(5) The prisoner of war employee also has to be
reclassified, irrespective of whether his family members have
food ration cards or not. For reclassification, the rulings of
para 1 have to be applied also for the prisoner of war employee.

(6) Insofar as the state authorities have not yet
approved of the engagement of an employee, the reclassification
will become final only in case the employee can testify to the
existence of suitable requirements necessary for filling the
respective post.

(7) If the employee belonging under para 2 has not
accepted his reclassification and makes no statement on his
acceptance until 10 July 1948, this has to be considered as his
having resigned from his post and given up any legal claims.

(8) The employee, who has not yet taken the oath of
office (pledge) fixed by Cabinet Decree No.1850/1946 ("Magyar
Kozlony" issue 47) is obliged to take it into the hands of the
director within eight days after the enforcement of the decree
and if his reclassification took place after the enforcement,
within eight days of his reclassification. The director takes
his oath (pledge) to the school inspector. One copy of the
official record of the oath is handed over to the employee,
another has to be filed in the school register and the third
has to be forwarded to the school inspector.

Para 5: Local Pay

(1) The local salary to be paid by the maintainer of
the school is discontinued. The teacher taken over into state
service might keep as his salary the piece of land which formerly
served as individual pay and which, in accordance with para 3 (1)
went into state ownership.

Until further notice, such a teacher has to pay an
amortization which is the equivalent of what the land yields
(Decree No.5400/1946 of the Minister of Culture, para 4).
However, he has the right to give up the land in which case it
has to be treated as school real estate. Municipal authorities,
villages, i.e. enterprises, have to guarantee all those privileges
which were formerly collectively guaranteed to teachers or any
other employees in public education.

(2) Arrears of contribution to maintenance due until
16 June 1948, cannot be claimed from the maintainer of the school.

(3) The Ministry of Public Education and Religion has
to decide in each case separately, to what extent the land grant,

[page 12]

i.e. the apartment of the cantor falls under the stipulations
of para 3 (1).

Para 6: Pensions

(1) According to para 2, the pension of the employee
taken into state service has to "be established as if he would
have spent his whole term of office in state service.

(2) In the establishment of the term of office (salary)
that can "be accounted for, rules pertaining to state employees
in similar posts have to "be applied. However, this term of office
has also to be included, to which the rules pertaining to the
supply of non-state teaching members apply.

(3) The taking over of employees into state service
does not change the date fixed for pensioning or the paying of
severance money previously fixed (before 1 July 1948) but they
have to be transmitted to the cost of the state treasury instead
of the National Pension Scheme Institute. Those pensions may be
corrected by taking into consideration the rulings in paragraphs
1 and 2.

Para 7: Pending Disciplinary Matters

Disciplinary cases in progress against employees of
village association or private schools have to be continued. The
disciplinary authority of the former maintainer of the school
passes over the disciplinary case of a denominational employee
to the school inspector. The disciplinary case has to be carried
on according to the regulations in force for state employees.
Any attitude or action of the employee, which according to the
rules pertaining to state employees are no disciplinary offenses,
are not qualified as such.

Para 8; Nationalized Real Estates

(1) In accordance with para 3, the building of the
nationalized school and the students' hostel, together with
other assets serving the maintenance of the school, pass over
into state ownership. As long as the real estate has not yet
been entered into the land register, i.e. if the necessary
arrangements on the basis of a special decree are not yet carried
out, the state will put into use: the school building, i.e. that
part of the building which serves for school purposes, the plot
on which the school stands, the training ground, the model farm,
sports grounds, the building in which the students' hostel is
located, the premises, the garden if it served the students1
hostel's purposes, insofar as it was owned by the maintainer of
the school. The same rules apply to the village school fund, to

[page 13]

the teacher's private plot, to the service apartments of the
teacher and the janitor, to the garden they had as payment in
kind and to all the other immovables which served school
purposes.

(2) Insofar as not all the real estate listed in
para 1 is nationalized, the Minister of Public Education and
Religious Affairs, after hearing the former maintained of the
school, will establish in each case separately, the amount (part)
of the property to be nationalized. Insofar as one part of any
building which formerly belonged to the maintainer of the school
would remain his- property and the other part goes over to the
state: the common establishments needed for the use of the
building (like central heating, water supply, canalization,
common staircase, common storing rooms, etc.) will be subject
to a temporary agreement until those questions, too, will be
regulated by a decree.

(3) If the nationalized building or premises had not
served purely teaching but also other purposes (religious service,
parish office, conference hall for the Church community, youth
associations, etc.), their use has to be guaranteed as long as no
provisions for their replacement were taken.

(4) The Minister of Public Education and Religious
Affairs decides in each case separately, whether a building which
originally was not meant for housing a school, or only temporarily,
will be nationalized.

Para 9: Other Nationalized Assets

(1) According to para 3 (1), the equipment of the
school or students' hostel, the training ground or workshop, the
school youth association, the school sports ground, the movable
furniture built into the dressing room; the heating, bathing,
washing, dish washing, cooking, lighting and transport
installations-will go over into state ownership. Not included are the
furniture of those parts of the building or the premises which
were not nationalized.

(2) All the living and dead equipment, which served
the purpose of teaching, theoretical and practical training and
the management of the school are ranged in the category of things
to be nationalized. (For example, visual aids, lab equipment,
libraries for teachers and pupils, household linen of the
students' hostels, cooking utensils, etc.) Pictures, statues or
other souvenirs serving pious purposes (like pictures of saints,
statues with a religious subject, portraits of the founder of
the religious order, books in the library with exclusively
religious texts, etc.) do not belong to the category of school
equipment. The school maintainer has the right to take them away.
The same applies to other pieces of furniture, which were not there

[page 14]

for educational purposes, but because there was no other place
to put them. (Private property of teachers and pupils, the
equipment of rooms serving Church purposes, refectories or
library not serving school purposes etc.) In case the students'
hostel had no kitchen, only that part of the kitchen equipment
passes into state ownership which is more than the former school
maintainer needs. In a controversial case, it is the Minister
of Public Education who decides.

Para 10: The Coming into Force
This decree comes into force on the day it was issued
and is retroactive from 16 June 1948.

Budapest, 26 June 1948

Signed: Gyula Ortutay
Minister of Religious Affairs and Public Education

("Magyar Kozlony" 27.6.48, p. 1456)

SEPARATION OF STATE AND CHURCH

Law No.20/1949:

Chapter VIII: Civic Rights and Duties

Para 54: (1) The Hungarian People's Republic
guarantees the citizens' freedom of conscience and the free practice
of religion.

(2) In the interest of guaranteeing freedom of
conscience, the Hungarian People's Republic separates the Church
from the state.

(Collection of Legal Provisions in
Force between 1945-1958, Volume I,
P-29)

THE ABOLISHMENT OF OBLIGATORY RELIGIOUS TEACHING

1. Decree No.5/1949 having the binding force of laws

In accordance with para 54 of the Hungarian People's
Republic Constitution about the separation of state and Church,
religious teaching in schools is not obligator.

Para 2: This decree comes into force on the day of its

[page 15]

announcement; the Minister of Culture will take care of its
execution.

(Collection of Legal Provisions in Force
between 1945-195o, Volume I, p.194)

2. Decree No.1101/1, 1949 (184) of the Minister of
Culture: On the basis of an authorization of the Hungarian
People's Republic Presidium contained by Decree No.5/1949 (184),
the Minister of Public Education and Religious Affairs rules:

Para 1: Beginning with school year 1949/19 50, religious
teaching is not obligatory.

Para 2: Those parents who desire religious teaching
for their children have to report their decision either verbally
or in writing to the school by September 15 at the latest.

Para 3: The Minister of Public Education takes care of
covering the expenses of religious teaching.

Para 4: Present decree comes into force on the day it
is announced.

Budapest, 5.9.49 Signed: Gyula Ortutay
Minister of Public Education and Church
Affairs

("Magyar Kozlony" 6.9.49, p.1453)

3. Decree No.110l/ll/l, 1950 -- 15.9.50 -- of the
Minister of Culture: The Minister of Public Education and
Religious Affairs decrees on the basis of Decree No/5/l949, para 2:

Para 1: Teaching of religion in schools is provided by
independent teachers of religion and by teachers of religion
paid by the hour.

Para 2: (1) An independent teacher of religion
provides for religious teaching in those cities (villages), i.e.
schools in which the number of weekly hours of religious
teaching attains the obligatory number of weekly hours established
for the respective school.

(2) The independent teacher of religion carries on
teaching as his main profession and cannot have, aside from this,
an employment with a yearly salary, assuring him his living.

(3) In accordance with the Table No.4 attached to
Decree No.8250/1948 (August l), the independent teacher of
religion receives honorary fees and a family allowance; from the
points of view of social insurance and terms of holiday, he falls

[page 16]

into the same category as public servants.

(4) The executive committees of the county (Budapest)
councils have to submit the number of pupils reporting for
religious teaching -- specifying the city or village and the
religious denomination to which they belong -- each year on September
15 at the latest, to the Minister of Public Education and
Religious Affairs.

Para 3: (l) In those cities (villages), i.e. schools,
where no independent teacher of religion is, the teaching is
carried out by a religious teacher paid by the hour.

(2) The teacher of religion paid by the hour receives
his salary according to the number of lessons he holds; his
hourly wages are in keeping with the overall amount of wages
paid to the other teachers of the school. Church employees
receiving additional income, are only paid for the teaching of
religion in schools, if the weekly lessons they give are more
than eight.

Para 4: (1) The independent teachers of religion and
those paid by the hour are assigned on the basis of a suggestion
from the respective Church authorities, by the executive
committee of the county (Budapest) council.

(2) Teachers of religion, either independent or paid
by the hour, can be only persons with suitable professional .
qualifications. In case there are doubts with regard to
professional knowledge, the minister decides on the problem.

(3) The assignment of religious teaching posts can be
denied by the executive committee of the county council for
persons, who display a hostile attitude toward the people's
democracy and its rulings. A person whose assignment has been
withdrawn, cannot be engaged for religious teaching in any other
school.

Para 5: (1) The teacher of religion is obliged to
prepare an exact sketch on the process of teaching, on the basis
of the time-table and schoolbook approved by the Minister of
Education and to carry on his teaching in accordance with this
plan.

(2) Aside from the teaching of religion, the teacher
of religion cannot be assigned to any other educational work
(replacement, inspection at school excursions or in between
lessons, etc.). The teacher of religion cannot take part in the
conferences of the teaching staff and can stay in the school
building only for the duration of his lessons.

Para 6; (1) The religious lesson has to be held
after the last lesson in other subjects is over. It can be held

[page 17]

only inside the school building. The teacher of religion cannot
rally the pupils outside the school for any other purpose.

(2) The pupils who report for religious lessons have
to be drawn together into groups and teaching carried on
according to the system in the school.

(3) The pupils are not given marks on their progress
in catechism. Absenteeism from religious instruction cannot be
subject to disciplinary action.

(4) The work, the time-table and the lessons of the
teacher of religion are controlled by the educational authorities
in accordance with the regulations applied to the other teachers.
The director is responsible for control. He can draw into the
control-work the general school inspector, the form-master, the
president of the Parents' Work Community and the competent
representative of the Trade Union of Pedagogues.

Para 7: The rulings of the present decree are in force
for the school year 1950/19 51. Simultaneously, the former rulings
contrary to the present decree lose their validity.

Signed: Dr. Magda Joboru
Secretary of State in the Ministry of Public
Education and Religious Affairs

("Magyar Kozlony"- main part
two-15.9.50, p.1232)

4. Government Decree No.21/19 57 -- 24.3.57: According
to the Decree No.5/1949 passed by the Presidium of the People's
Republic, religious instruction in schools is not obligatory. In
the interest of the execution of this decree, the Hungarian
Revolutionary Worker-Peasant Government rules:

Para 1: (1) In accordance with the principle of
religious freedom and the spirit of the agreement between state
and Church contained in Para 54 of the Constitution, the teaching
of religion has to be considered an entirely private matter of
the citizens. The right of choosing whether their minor children
should or should not take part in religious instruction in the
primary schools or gymnasiums, has to "be guaranteed to the
citizens.

(2) The freedom of choice whether or not to take part
in religious instruction has to be respected by every one. The
full severity of the law has to be applied against those who:

a) Use religious teaching for political purposes aimed
against the state, social or economic order of the Hungarian

[page 18]

People's Republic.

b) Who, either with compulsion, by threats or by
deceit, try to influence the decision to take or not take part
in religious lessons.

c) Who, through compulsion or by threats, prevent
religious instruction or participation in it.

Para 2: (1) Teaching of religion -- in its quality
of freely chosen matter of instruction -- is carried on in the
primary schools and gymnasiums.

(2) Lessons on religion have to be held in accordance
with the current school order, outside the obligatory teaching
time, either before or after the teaching hours, during two
hours per week.

(3) Religious instruction can last from the beginning
to the termination of the school term.

(4) If there is no room in the school for the
accommodation of all the pupils who had reported for religious
teaching, the school director may grant the holding of religious
lessons in premises belonging to the Church.

Para 3: (1) Each year, the registration for religious
instruction has to "be finished two weeks before the school
registrations at the latest. The exact date has to be published
over the radio and through the school directors.

(2) Registration for religious teaching, however, can
only take place in that school in which the pupil was enrolled
for the ordinary teaching.

(3) The question, whether the minor child should or
should not take part in religious instruction has to be decided
by the parent or by the guardian.

(4) At the registration for religious instruction, the
agreement of the parent (guardian) has to be proved.

Para 4: Only qualified persons, assigned by the Church
and approved by the cultural department of the city or county
councils have the right to teach religion.

Para 5: Present decree comes into force on 1 June
1957; and the Minister of Culture will provide for its execution.

(Collection of Legal Provisions in Force
between 1945-19 58, Volume II, p.514)
[page 19]

5. Instruction No.39/1957 of the Minister of Culture,
No.5: According to the rulings of the executive instruction:
registration for religious teaching has to take place in all
primary schools and gymnasiums on the day fixed "by the Ministry
of Culture each year. The directors of the primary schools and
gymnasiums are obliged to issue a statement on the date of the
registration and to provide a place and a suitable number of
teachers for having it carried out. The pupil can report for
religious instruction only at the school where he is enrolled.
On the occasion of supplementary registrations, only pupils who
failed and had to go for a second examination are accepted.

In case of a change of school, the director verifies,
on the parent's request, whether the pupil has enrolled for
religious instruction or not. Only that minor child can be
registered for religious teaching whose registration is desired
by one of the parents or the guardian, this intent has to be
stated either to the school director or to the teacher in charge
of the registration and has to be done either verbally or -- in
case of absence -- in writing. Religious instruction has to be
given on the school premises. If more children reported for
religious lessons than there is room in the school, the lessons
can be held in exceptional cases in a place belonging to the
Church. In each school term, religious instruction begins on
September 15 and ends on May 31.

("Uj Ember" 16.6.57, P.4)

TAKING OF THE OATH OF CHURCH PERSONALITIES

Cabinet Decree No. 22/1949 (October 22):

Para 1: (1) The employees on a regular payroll of
the state, the county, the city, the village, public funds or
public trusts; further those persons who are not in public
service and receive a supplementary income by the state, are
obliged, according to the decree of the respective minister, to
take an oath on the Hungarian People's Republic and its
Constitution.

(4) The text of the oath of those who get
supplementary pay is the following:

"I...... swear to be loyal toward the Hungarian
People's Democracy and its Constitution; I shall abide by the
Constitution and the constitutional law statutes; I shall guard
official state secrets; in my office I shall act in the people's
interests and all my efforts will be aimed at furthering the
development and strength of the Hungarian People's Republic."

(5) The ruling of decree (2) does not apply to the
police and to those members of the state fireguard, whose oath
of allegiance is regulated by a special decree of the Minister
of the Interior.

[page 20]

Para 2: (l) The manner and date for taking the oath
will be determined by the respective ministers.

(2) The person, who despite para 1 does not take his
oath "by the dateline fixed Toy the respective minister, loses all
claims to his post, i.e. the supplementary income, and has to be
considered resigned.

Para 3: (1) Present decree does not refer to the
rulings of Decree No.4204/1949 (175) regulating the army oath.

(2) The respective ministers provide for the execution
of present decree.

(Collection of Legal Provisions in Force
between 1945-1958, Volume II, p.162)

SEGREGATION OF THEOLOGICAL COLLEGES

Decree having the binding force of Law No.23/1950:

Para 1: According to the rulings of Para 54 of the
Constitution concerning the separation of state and Church: the
theological faculties at the Budapest, Debrecen and Pecs
Universities have to be separated by the end of the school year
1949/1950 from the organization of the university, and have to
be handed over to the respective Churches.

Para 2: The Minister of Culture is in charge of the
execution of present decree.

(Collection of Legal Provisions in Force
between 1945-1958, Volume I, p.207)

AGREEMENT CONCLUDED BETWEEN THE ROMAN CATHOLIC CHURCH AND THE
STATE

Agreement between the government of the People's
Republic and the Catholic Bench of Bishops:

Led by the desire to guarantee a peaceful coexistence
between the state and the Catholic Church and to further by this
the unity of the Hungarian people, their constructive work and
the peaceful development of our country: negotiations were carried
on by the government of the Hungarian People's Republic and the
Hungarian Catholic Bench of Bishops. The following agreement was
reached:

I. (l) The Bench of Bishops acknowledges the political
system and constitution of the Hungarian People's Republic and
considers their support a citizen's duty. It is decided to proceed

[page 21]

in accordance with the Church laws against such Church
personalities who take a stand against public order and the government's
building work.

(2) The Bench of Bishops categorically condemns all
subversive activities, by whatever source, aimed against the
political system and social order of the Hungarian People's.
Republic. It decides not to permit that the believers' religious
feelings and the Catholic Church itself be used for anti-state
political aims.

(3) The Bench of Bishops calls on the Catholics to
throw all their strength as citizens and patriots into the great
work, which under the leadership of the government is carried on
by all Hungarians and is directed at the fulfillment of the
Five -Year Plan, the raising of the living standard and the
assertion of socialist justice. The Bench of Bishops especially
calls on the priesthood and requests them not to oppose the
movement of agricultural cooperatives, because this, in its quality
of a voluntary association, is based on the mutual principle of
human solidarity.

(4) The Bench of Bishops supports the peace movement.
It approves of the efforts of the Hungarian people and the
government, for the protection of peace. It condemns the
warmongers and the use of nuclear arms and in its eyes, that
government which first resorts to the atom bomb, has to be ranged
among the war criminals.

II. (l) In accordance with the People's Republic
Constitution, the government guarantees complete freedom of
religion for the Catholic flock, and also guarantees to the
Catholic Church the freedom of its functions.

(2) The Government of the Hungarian People's Republic
agrees to return eight Catholic Church schools (six for boys,
two for girls) and that in schools maintained by the Church a
sufficient number of teachers should be at the disposal of the
schools.

(3) The Government of the Hungarian People's Republic
is willing to take care -- in accordance with the spirit in
which agreements with other religious denominations were already
concluded -- of the financial needs of the Catholic Church for
the duration of 18 years, until such time when the Catholic
Church by relying on its own resources, will be able to cover
the expenses itself. A gradually decreasing sum... will be
granted by the government for Catholic Church purposes. Aside
from this, the government will put a special emphasis on
assuring the minimum subsistence level for the parish priests.

For the practical execution of this agreement a
committee at par has to be formed out of the representatives of the

[page 22]

government and the Bench of Bishops.
Budapest, 30 August 1950

In the name of the Hungarian Council of
Ministers:
Jozsef Darvas, Minister of Public
Education and Religious Affairs

In the name of the Hungarian Bench of Bishops:
Jozsef Grosz, Archbishop of Kalocsa

("Kis Ujsag" 1.9.50, p.l)

DISSOLUTION OF RELIGIOUS ORDERS

Decree having the binding force of Law No.34/1950:

Para 1: With the coming into force of the present
decree, the permit for monastic orders to operate on the
Hungarian People's Republic's territory has been canceled. This ruling
does not apply to the staff of teachers belonging to religious
orders -- male or female -- who are needed to carry on teaching
in the schools maintained by the Church.

Para 2: All those monastic orders whose permit of
action expired in accordance with para l, have to stop operating
on the territory of the Hungarian People's Republic, on the day
when this decree comes into force.

Para 3: The Minister of the Interior and the Minister
of Public Education jointly establish which are those monastic
teaching orders which--on the basis of para 1 -- can continue to
operate.

Para 4: This decree comes into force on the day it is
issued; the Minister of the Interior joined by the Minister of
Public Education are in charge of its execution, by taking into
consideration that the members of the disbanded monastic orders
have to leave their monasteries within three months.

Karoly Kiss
Vice-President of the Presidium

Piroska Szabo
Secretary of the Presidium

("Magyar Kozlony", Part I, 7.9.50, p.1008)

[page 23]

NATIONALIZATION OF CHURCH ARCHIVES

1. Decree having the binding force of Law No.29/1950:

Chapter I: General Rulings

Para 1: The written relics on historical evolution
-- in virtue of their being a valuable source of material on the
development of Hungarian society -- have to be protected to an
extent outlined in the present decree and have to be made
accessible for research purposes.

Para 2: The validity of the present decree extends
over:

a) Public archives

b) Private archives of national interest

c) Archives of public authorities and public offices

d) Archives of public interest,

e) Archives of historical value.

Chapter II: Public Archives

Para 4: (1) According to present decree, the
following archives have to "be ranged among public archives:

a) The Hungarian National Archive

b) The State Regional Archives and

c) The "Honved" Army Archive and Museum.

(2) With the coming into force of the present decree,
the county, city and village archives, further the local authentic
archives guarded by the chapter of the cathedral and the convents,
are terminated.

Chapter IV: State Regional Archives

Para 11: (1) In order to protect the documents
referred to under the present decree and to make them more
accessible for scientific research, state regional archives have
to be set up.

Para 12: (1) State regional archives:
a) Take over the material kept so far in the former
county, city and village archives, except for the documents

[page 24]

regularly needed by the administration.

b) Take over the material of national archives
guarded in the collegial churches, as well as the archives kept
in museums and public libraries and the collection of documents
of archive character.

c) Take over as specified by the Center, the material
kept in the archives of the former entailed properties,
nationalized in accordance with law statute 1949/VII.

d) Take over those documents kept by public
authorities, public offices, bodies and institutions which are not
regularly used in administration.

(Collection of Legal Provisions in Force
between 1945-1958, Volume I, p.208)

2. Decree No. 1610-26/1950 (August 8) of the Minister
of Culture:

Chapter I: General Rulings

Para 1: In the application of this law article: each
text, map or pictured description, painted, drawn, hand-written
on paper or parchment, in the form of a letter, file, copy-book,
book or roll; photocopies (for example in case of a decree
forwarded to lower authorities) printed or stenciled texts,
irrespective of in what language the text is written: have to be
considered documents (written relics). Manuscripts which are
neither documents nor correspondence but written with the intent
to be published, as well as all sorts of drafts and preparatory
work on them, have to be ranged in the category of books.

Chapter III: The Temporary Handling of Archive Material Sent to
the State Regional Archives

Para 9: The material of former certified archives, so
far kept in collegial churches and convents, further the
collections of documents in the museums and public libraries, have to
be preserved, kept in order expertly and handled by the former
maintainer as long as they are not taken over by the regional
archives. Under conditions specified in para 5, research work
can be carried on in this material.

Para 11: (1) Within one year from the coming into
force of the decree, a basic inventory -- and within five years
a critical inventory -- have to be prepared of the material of
the former county, city and village archives, further of the
certified material so far kept in collegial churches and convents,
in museums and in libraries.

[page 25]

(2) The basic inventory has to be prepared on the
ground of the formula attached as a supplement to Decree No.l.

(3) The points of view to be considered in the
preparation of the critical inventory will be published at a later
date by the Center.

(4) The basic and the critical inventories have to be
prepared in three copies: one of them will be filed by the
archive and the two others have to be forwarded to the Center.

(5) Details of the filing will be determined by the
Center.

(Collection of Legal Provisions in Force
between 1945-1958, Volume III, p.749)

3. Decree No.1610-44/1950 (September 24) of the
Minister of Culture:

Para 1: (l) The file departments (archives) of the
Church and religious denominations' authorities, bodies,
offices, institutes and institutions have to be considered
public documents belonging under Decree 29/1950, for whose
maintenance and handling, the restrictive rules defined in para
27 have to be applied.

(2) The material of Church file departments (archives)
-- including the material not used any more in regular
administrative affairs -- cannot be alienated. It is forbidden to
change their place of custody or to sort them out, unless there
is a preliminary permit from the national Center of Archives,
which also determines the method of how to do it.

(3) The breach of the taboo contained by para 31 (1),
is taken for a breach of regulations, for which a fine amounting
to 1,000 forint can be inflicted.

Para 2: (1) The material of archives belonging under
Chapter VII can be sorted out only in accordance with a method
fixed jointly by the respective Minister and the Minister of
Culture (para 23/1). Until the publication of the codification
regulations, the material in documents cannot be subject to
sorting. This prohibition does not apply to the public
enterprises belonging under the jurisdiction of the Ministers of the
Light and Heavy Industries, in respect to whose arrangement the
Decree No.13510/1950 of the Ministry of Heavy Industry is competent.

(2) The rulings of para (l) also have to be applied
in the handling of material kept in public enterprises and also
with regard to such archive material which is not used any more
in the course of administration and which originates from the

[page 26]

legal predecessor of the enterprise or in the course of
operation of a private firm.

(Collection of Legal Provisions in Force
between 1945-1958, Volume III, p.750)

ESTABLISHING OF THE STATE OFFICE FOR CHURCH AFFAIRS

1. Law Statute No.1/1951:

Para 1: (l) For the management of affairs between
state and Church denominations, particularly with regard to the
execution of agreements and arrangements concluded with the
respective religious denominations and for purposes of state
support granted to those latter, a State Office for Church
Affairs has to be set up.

(2) The State Office for Church Affairs belongs under
the jurisdiction of the Council of Ministers. The right of
supervision is carried out by a member.

Para 2: (l) The organization, sphere of authority and
the rules pertaining to the activities of the State Office for
Church Affairs will be decreed by the Council of Ministers.

(2) A special item in the state budget has to take care
of the coverage of personal and other expenses connected with
the organization and activities of the State Office for Church
Affairs.

Para 3: With the setting up of a State Office for
Church Affairs, the competence of the Ministry of Public
Education and Church Affairs in cases pertaining to religion has
stopped and hence, in the name of this ministry, the reference
to Church affairs has to be omitted.

Para 4: The Council of Ministers is in charge of the
execution of present decree.

Sandor Ronai
President of the Presidium of the People's
Republic

Piroska Szabo
Secretary of the Presidium

("Magyar Kozlony" 19.5.51, p.436)

2. Cabinet Decree No.110/1951 (May 19):

Para 1: (1) The range of activities of the State

[page 27]

Office for Church Affairs set up by the Law Statute No.1/1951
extends over:

a) The execution of agreements and settlements reached
between the Churches and religious denominations.

b) The managements of affairs pertaining to the state
support for Churches and religious denominations.

c) The payment of state subsidies for the maintenance
of denominational gymnasiums exempted from secularization.

d) The guarantee of the expenses of religious
instruction in schools.

e) The management of affairs pertaining to Church trusts
and other Church property.

f) Preparation and execution of law regulations
pertaining to the Church.

g) The settlement of questions pertaining to freedom
of conscience and religion. The guarantee of a smooth process
of Church functions.

h) The conduct of all those affairs in Church
administration which, until the coming into force of Law Statute No.1/1951,
are carried out by the Minister of Public Education and Religious
Affairs.

i) The execution and control of the measures taken by
the Council of Ministers in Church affairs.

(2) Over the Church and denominational gymnasiums
operating on the basis of the agreement reached between the
respective Churches and denominations, the Minister of Education
has the chief control (Law No.14/1951, Para 5). Supervision of
religious teaching in schools also falls to the Minister of
Public Education and to the teaching organs.

Para 2: (1) The office is headed by the president who
on the presentation of the Council of Ministers, is appointed
by the Presidium.

(2) The president is supported in his tasks by the
vice-president, who, on the presentation of the President of the
Council of Ministers, is appointed by the Council of Ministers.

(3) The office staff will be nominated by the President,
who is also in charge of assignments.

Para 3: The affairs of personnel and assignments and
the operational order are settled by the President in accordance
with the regulations valid for other public offices. In the

[page 28]

course of proceedings, the office directly deals with the
ministries and other state organs.

Istvan Dobi
President of the Council of Ministers

("Magyar Kozlony" 19.5.51, p.436)

3. Decree with the binding force of Law No.33/1956:

Para 3: The State Office for Church Affairs founded
by Law Statute No.1/1951 and the National Committee for Physical
Training and Sports founded by Decree No.2/1951, are abolished
on 31 December 19 56 and their sphere of activities is taken over
by the Ministry of Culture.

Para 4: Present decree comes into force on the day
it is issued.

Istvan Dobi
President of the Presidium of the People's
Republic

Istvan Kristof
Secretary of the Presidium

("Magyar Kozlony" 29.12.56, p.613)

4. Decree with the binding force of Law No.25/1959:

Para 1: (l) For the management of affairs between
Church and religious denominations, a State Office for Church
Affairs has to be set up.

(2) The office belongs under the jurisdiction of the
Council of Ministers and the right of supervision is carried out
by one of the members.

Para 2: (l) The office is headed by the President,
who on the presentation of the Council of Ministers is appointed
by the Presidium.

(2) The President will be helped in his tasks by
vice-presidents appointed by the Council of Ministers.

Para 3: (1) The Council of Ministers decrees the rules
pertaining to the organization, sphere of authority and
activities of the office.

[page 29]

(2) There has to be a special item in the state budget
which covers the personnel and other expenses of the office.

Para 4: (1) Present decree comes into force on the day
it is issued. The Council of Ministers is in charge of its
execution.

(2) With the coming into force of the present decree,
the ruling of Decree No.33/1956, which puts the sphere of
activities of the Office under the jurisdiction of the Ministry
of Culture, loses its validity.

Istvan Dobi
President of the Presidium

Istvan Kristof
Secretary of the Presidium

("Magyar Kozlony" 2.6.59, p.522)

5. Decree No.33/1959 (June 2):

Para 1: (1) The following belong to the sphere of
activities of the State Office for Church Affairs set up by the
Presidium in the Decree No.25/1959:

a) The execution of agreements reached with the
Churches and with the religious denominations.

b) Management of affairs pertaining to the state
support of the Churches and religious denominations.

c) The payment of state subsidies for the maintenance
of denominational gymnasiums exempt from secularization.

d) The division of budget credits for religious
instruction in schools and the control of their use.

e) Management of Church trusts and other Church
property.

f) Preparation of law regulations pertaining to the
Church and a guarantee for their execution.

g) The dealing with questions pertaining to the freedom
of conscience and religion. The assurance of a smooth process
of Church functions.

h) The execution and control of measures passed in
Church affairs by the Council of Ministers.

[page 30]

(2) The Minister of Culture is in charge of the
supervision of gymnasiums still maintained by the Church.
Supervision of religious instruction in schools is also in the
hands of the Minister of Culture and cultural organs.

Para 2: The President appoints the staff in the Office
and specifies their assignment.

Para 3: Affairs of the personnel and the management
of the office are settled by the President in accordance with
the rules valid for other public offices. In the procedure of
affairs, the office deals directly with the ministries and other
state organs.

Para 4: Present decree comes into force on the day
it is issued. With its coming into force the Government Decree
No.1045/1957 (April 21), para 2, loses its validity.

Dr. Ferenc Munnich
President of the Hungarian Revolutionary Worker-
Peasant Government

("Magyar Kozlony" 2.6.59, p.523)

REGULATIONS OF FILLING CHURCH POSITIONS

1. Decree passed by the Presidium:

It is stated by the decree that archbishops, titular
Archbishops, assistant bishops, arch-abbots, abbots and
provincials of a monastic order can only be appointed on Hungarian
territory with the preliminary approval of the Presidium of the
Hungarian People's Republic.

This rule applies to all the appointments to Catholic
Church posts listed above which took place after 1 January 1946.

This decree comes into force on the day it was issued
and keeps its validity as long as a bilateral agreement does not
regulate the filling of those Church positions.

... For centuries the filling of high Catholic Church
positions was the right of the state and the Church could only
practice her right of confirmation of the appointment. At the
times when the practice of the right concerning the appointments
was suspended for some reason, nominations for high Church posts
took place in each case after a preliminary hearing of the
Hungarian Government and by asking for the government's approval.
Since 1945, however, the Vatican has stopped unilaterally and
arbitrarily the former practice and did not ask for the
preliminary agreement of the Hungarian Government in the matter of

[page 31]

the nominations. This is the reason why it was necessary to
extend the effect of the decree over the nominations taking
place after 1 January 1946.

("Szabad Nep" 4.7.51, p.3)

2. Decree No.22/1957:
According to para 54 (2) of our Constitution and in
the interest of assuring the freedom of conscience, the Hungarian
People's Republic separates the Church from the state. In
accordance with this ruling, our state power organs cannot carry
on any more the right of presentation held for centuries by the
Hungarian heads of state, which in the past was widely extended
over the Roman Catholic Church. At the filling of Church
positions, however, it is necessary to guarantee state interests and
to ascertain state sovereignty. For this purpose, the Presidium
issues the following decree having the "binding force of law:

Para 1: (1) On the territory of the Hungarian People's
Republic, all nominations, titles and assignments to positions
in the Roman Catholic Church, which according to canon law belong
under the authority of the Roman Pope, have to "be previously
approved by the Presidium, The same rule applies to transfers
and dismissals.

(2) For filling, or for being relieved of, the position
of a bishop of the Hungarian Reformed Church, general
superintendent or general intendent or the posts of a president,
vice-president and general secretary of the Office of Hungarian
Israelites, the presidential and vice-presidential posts in the
Budapest Israelite community, the posts of an orthodox and a
... chief rabbi: the previous approval of the Presidium is needed.

Para 2: (l) The preliminary approval of the Minister
of Culture is necessary for the validity of the following
appointments (elections, assignments), transfers and dismissals:

a) Posts in the bishopric, the directors in the
chancelleries, parish priests in cities and in district capitals
depending for nomination on the Roman Catholic Bishop.

b) The posts of a president, deacon, director and
professor in all theological academies and institutes for the
training of rabbis; director posts in all the denominational
secondary schools.

(2) In reference to the previous paragraph, the
Minister of Culture might relegate his competence to some other
state organ.

Para 3: The methods of state approval for filling

[page 32]

posts, for transfers or dismissals, have to be regulated by
treaties between the Hungarian state and the Churches. Until
the coming into force of the treaties, appointments (transfers,
dismissals) effective under para 1 (1), can only be carried out
on the basis of an agreement between the state and the Roman
Catholic Church concluded separately in each case. The methods of filling
posts listed in para 1 (2) are regulated by a decree of the
Hungarian Revolutionary Worker-Peasant Government.

Para 4: The rules of the present decree, paragraphs
1-2, have to be applied in connection with all the appointments,
transfers and dismissals which took place after 1 October 1956.

Para 5: Present decree domes into force on the day
it is issued. Decree No.20/1951 is invalidated.

(Collection of Legal Provisions in Force
between 1945-19 58, Volume I, p.327)

INTERPRETATION OF THE DECREE REGULATING THE FILLING OF CHURCH
POSITIONS

Decree No.18/1959 (April 6):

Para 1: Before the filling of Church posts listed by
Decree No.22/1957, para 1 (2), the respective Church organ has
to turn to the Presidium, and before filling the posts listed
in para 2, the respective state organ's approval has to be sought.
This regulation also applies to transfers and to dismissals.

Para 2: The appointments to Church posts defined in
paragraphs 1 and 2, can be considered valid and can be published
only in case they are approved by the state. This regulation
also applies to transfers and dismissals.

Para 3: If there is a vacancy for a Church post, and
the respective Church organ makes no provision for a replacement
within 90 days (in the case of posts listed in para 1, and 60
days in the case of posts belonging to para 2), the state
authority, in order to assure the usual process of parish duties,
Church administration, and training of priests, will take the
necessary measures.

Para4: (1) The persons filling the Church posts defined
in paragraphs 1 and 2 have the duty to take, within 60 days of
their new appointment, the oath, the text of which is stipulated
by Decree No.1000-1/1950 of the Minister of Culture.
(2) The holders of posts listed in para 1 have to take
their oath in the presence of the President of the Presidium and
the holders of posts listed in para 2, in the presence of the
competent (Budapest, cities with a county right) council

[page 33]

president of the executive committee.

(3) An official report with one duplicate has to be
made of the record of oath, both have to be signed by the state
authority and by the person taking the oath. One copy has to
be given to the person who took the oath and the other has to be
filed.

(4) Also the Church persons not belonging under
paragraphs 1 and 2 have to take the oath in the form defined by
para 1 within 60 days of their appointment in the presence of
the President of the respective county (city) executive committee.

(5) Church persons whether listed in the category
defined in paragraphs 1 or 2, or not, but who until the
announcement of present decree have not yet sworn allegiance to the
Hungarian People's Republic, have to do so within 60 days of the
execution of this decree.

Para 5: The present decree comes into force on the day
of its publication.

Dr. Ferenc Munnich
President of the Hungarian Revolutionary
Worker-Peasant Government.

("Magyar Kozlony" 6.4.59, p.236)

End

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