The Concordat Case
Federal Republic of Germany Federal Constitutional Court
6 BVerfGE 309 (1957)
- Written by Mary Katherine Cunningham, JD
Facts
In 1933, the government of Nazi Germany entered a concordat with the Vatican to provide religious education in public schools and confessional schools for Catholic children. Lower Saxony, a state in the Federal Republic of Germany, was traditionally a Protestant-majority state. In 1954, the government of Lower Saxony (defendant) began providing secular education for all children. The federal government (plaintiff) challenged the provision of secular education for all children in Lower Saxony. The federal government argued the educational policy of Lower Saxony violated the international concordat entered in 1933. The federal government argued the government of Lower Saxony effectively infringed upon foreign policy, a sphere of government reserved to the federal government.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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