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Original scientific paper

Do We Need a Revision of the Treaties With the Holy See?

Frane Staničić orcid id orcid.org/0000-0001-8304-7901 ; Faculty of Law, University of Zagreb, Zagreb, Croatia


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Abstract

The question a possible revision of the four treaties which the Republic of Croatia entered into with the Holy See, colloquially called “the Vatican treaties”, has recently gained a lot of attention. These treaties are international treaties which, according to Article 141 of the Constitution of the Republic of Croatia, make part of the Croatian legal order and are placed above Croatian laws by their legal force. Besides that, the question of their revision, or the possibility of their amendment is also a question of international law, since the Holy See is a subject of international law. The Constitution of the Republic of Croatia also prescribes that international treaties can be changed or revoked only by the terms and in the manner set within them or in accordance with the general rules of international law. The Civil-liberal Alliance and the Croatian Pensionaries Party parliamentary Club members proposed to the Croatian Parliament to task the Government of the Republic of Croatia with initiating the procedure of negotiations for amending the “Vatican treaties”. The aim of this paper is to analyze this proposal and to answer the question whether the revision of the so called “Vatican treaties” is indeed necessary.

Keywords

international treaty; revision; compliance with the Constitution; Catholic Church

Hrčak ID:

207489

URI

https://hrcak.srce.hr/207489

Publication date:

28.9.2018.

Article data in other languages: croatian

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