Legal Personality Agreement with the Holy See- Legal Background

The following is a summary of a legal agreement with the Holy See, which was approved on September 7, 1997 by the government of Israel. The summary was prepared by Senior Deputy to the Legal Advisor of the Foreign Ministry, Attorney E. Keinan.

1. The Fundamental Agreement between Israel and the Holy See was signed in Jerusalem on December 30, 1993. The agreement deals with three spheres of relations:
   1. Political relations between Israel and the Holy See, including the establishment of diplomatic relations.

   2. Relations between the Jewish people and the Catholic Church.

   3. Relations between the State of Israel and the Church.

   In this latter sphere, the Fundamental Agreement referred to honoring the Church's rights in Israel, in accordance with the existing situation and the laws of the state: freedom of religion, freedom of worship, freedom of access to holy places, the preservation of the status quo in the holy sites, and so on. It was agreed that on two issues - the legal status of the Church and its institutions in Israel as well as economic and fiscal matters - negotiations would continue.

2. Article 3, Para. 3 of the Fundamental Agreement states:

   "Concerning Catholic legal personality at canon law, the Holy See and the State of Israel will negotiate on giving it full effect in Israeli law, following a report from a joint subcommission of experts."

   Extensive negotiations were conducted on this matter, resulting in the initialing of the Legal Personality Agreement with the Holy See. The Israeli negotiating team, led by Dr. Zvi Tarlo, included representatives of the Foreign Ministry, Justice Ministry, Ministry of Religious Affairs and the Jerusalem Municipality.

3. The purpose of the agreement is to regularize the status and legal personality of the Catholic Church and its institutions in Israel, after about 500 years of undefined legal status under the Ottoman Empire, the British Mandate and Israeli rule. The Church had an interest in the agreement since its institutions in Israel were recognized de facto but not de jure, causing no small number of difficulties, and the Church wished to institutionalize its legal status.

4. The Catholic Church and many Church institutions will be accorded legal status (such as association or corporation) under Israeli law. The institutions will be included in an official state registry (such as the Registrar of Associations or the Registrar of Religious Trusts), and their interaction in Israel with non-church bodies will be subject to Israeli law, including litigation in Israeli law courts.

   On the other hand, Church institutions will maintain full internal autonomy in the administration of their affairs, including internal conflicts, which will be adjudicated by the Church in accordance with canon law.

5. The agreement consists of directives, principles for implementation and appendices, including the list of Church institutions which have been recognized as legal personalities, and which will be included in the state registry. It will be possible to add or remove institutions from the list in the future.

   The list of Church bodies recognized as legal personalities includes the Catholic Church itself, the Eastern Patriarchates, principal territorial bodies (governed by an archbishop or bishop), papal orders and others.

6. The implementation of the agreement, once signed by the Foreign Minister and representative of the Holy See, and ratified by the government, necessitates legislation and ancillary legislation, which will be dealt with when the time comes by the appropriate ministries.

7. The agreement does not bestow diplomatic immunity on the Church, but rather autonomy to run its internal affairs, subject to Israeli law in interaction with other bodies. The agreement does not deviate from the Fundamental Agreement but rather constitutes a continuation of it.