Fundamental Agreement between the Holy See and the State of Israel
Encyclopedia
The Fundamental Agreement between the Holy See and the State of Israel or the Fundamental Accord is a treaty
between the Holy See
(the Vatican) and the state of Israel signed by them on 30 December 1993. It deals with the property rights and tax exemptions of the Roman Catholic Church
within Israeli territory. Meetings between the parties are continuing to resolve several outstanding issues.
As a result of the Agreement, the Vatican
has established in 1994 full diplomatic relations with Israel, and has appointed an Apostolic Nuncio to Israel
.
On 10 November 1997, the Vatican and Israel entered into a further agreement, called Agreement Between the State of Israel and the Holy See, also referred to as the Legal Personality Agreement or the Agreement on the Legal Personality of the Church, but neither of these agreements have been passed by the Knesset.
The present Israeli Ambassador to the Holy See is Mordechay Lewy, who was appointed on 12 May 2008.
after the Six Day War. There was also the issue of Jerusalem as Israel's national capital, instead of the alternate Vatican plan for an "international city
" under Church influence.
and the legal status of church properties and communities in Israel are still under negotiation. Massa says the Vatican is disappointed with the unresolved economic issues and lack of ratification. The church has extensive properties in Israel. When the region was controlled by the Ottoman Empire
and later the League of Nations
, those properties enjoyed a special legal and tax status - which became unclear once the state of Israel was created.
In a paper on the first five years of the accord, Rabbi David Rosen
, director of the American Jewish Committee's Department for Interreligious Affairs, says normalizing the legal standing of church personnel and institutions are complex matters. "The Holy See would have liked to have been considered as an extra territorial entity, enjoying the same privileges granted to foreign delegations and their properties," Rosen contends. "Aside from the principle, to have done so for the Catholic community without doing so for other Christian denominations would have posed substantial difficulties for Israel."
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
between the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
(the Vatican) and the state of Israel signed by them on 30 December 1993. It deals with the property rights and tax exemptions of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
within Israeli territory. Meetings between the parties are continuing to resolve several outstanding issues.
As a result of the Agreement, the Vatican
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
has established in 1994 full diplomatic relations with Israel, and has appointed an Apostolic Nuncio to Israel
Apostolic Nuncio to Israel
The Apostolic Nuncio to Israel is the holder of a diplomatic position within the Vatican, who acts as nuncio of the Holy See to the State of Israel.-History:...
.
On 10 November 1997, the Vatican and Israel entered into a further agreement, called Agreement Between the State of Israel and the Holy See, also referred to as the Legal Personality Agreement or the Agreement on the Legal Personality of the Church, but neither of these agreements have been passed by the Knesset.
The present Israeli Ambassador to the Holy See is Mordechay Lewy, who was appointed on 12 May 2008.
Diplomatic relations
The agreement seals diplomatic relations between the two States, which were not established before 1993 because of issues arising from property seizures in East JerusalemEast Jerusalem
East Jerusalem or Eastern Jerusalem refer to the parts of Jerusalem captured and annexed by Jordan in the 1948 Arab-Israeli War and then captured and annexed by Israel in the 1967 Six-Day War...
after the Six Day War. There was also the issue of Jerusalem as Israel's national capital, instead of the alternate Vatican plan for an "international city
International city
An international city is an autonomous or semi-autonomous city-state that is separate from the direct supervision of a single nation-state.-Rationale for establishment:International cities had either had one or both of the following characteristics:...
" under Church influence.
Church taxes
The accord was never implemented because of problems with Church taxes, which had become very important for the Latin Church in the region. This non-implementation of the treaty, as well as the failure of the 1990s peace negotiations, was a disappointment in John Paul II's papacy. A related matter was the refusal to grant visas to Church personnel by hostile government officials.Church property
Church property remains an issue. The 1993 accord has yet to be ratified by Israel's KnessetKnesset
The Knesset is the unicameral legislature of Israel, located in Givat Ram, Jerusalem.-Role in Israeli Government :The legislative branch of the Israeli government, the Knesset passes all laws, elects the President and Prime Minister , approves the cabinet, and supervises the work of the government...
and the legal status of church properties and communities in Israel are still under negotiation. Massa says the Vatican is disappointed with the unresolved economic issues and lack of ratification. The church has extensive properties in Israel. When the region was controlled by the Ottoman Empire
Ottoman Empire
The Ottoman EmpireIt was usually referred to as the "Ottoman Empire", the "Turkish Empire", the "Ottoman Caliphate" or more commonly "Turkey" by its contemporaries...
and later the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
, those properties enjoyed a special legal and tax status - which became unclear once the state of Israel was created.
In a paper on the first five years of the accord, Rabbi David Rosen
David Rosen
David Rosen is the name of:* David Rosen , longtime CEO of SEGA* David Rosen , Professor of Musicology, Cornell University* David Rosen , fundraiser for Hillary Clinton in 2000...
, director of the American Jewish Committee's Department for Interreligious Affairs, says normalizing the legal standing of church personnel and institutions are complex matters. "The Holy See would have liked to have been considered as an extra territorial entity, enjoying the same privileges granted to foreign delegations and their properties," Rosen contends. "Aside from the principle, to have done so for the Catholic community without doing so for other Christian denominations would have posed substantial difficulties for Israel."