Unilateral Resolution of Religious Constitutional Treaties by the Legislator (»Treaty Override«) [German]

Emanuel V. Towfigh / Fabius Bonde, Einseitige Lösung von religionsverfassungsrechtlichen Verträgen durch den Gesetzgeber [Unilateral Resolution of Religious Constitutional Treaties by the Legislator] (»Treaty Override«), NJW 2023 (issue 52), pp. 3769 et seq. [German]

Prof. Dr. Emanuel V. Towfigh and Fabius Bonde have published the article »Unilateral Resolution of Religious Constitutional Treaties by the Legislator« in German in the Forum of the last issue of the Neue Juristisch Wochenschrift (NJW) for this year (52/2023).

The article deals with the question of the extent to which lawmakers can dissolve religious constitutional contracts, even if they do not provide for the possibility of termination – Spoiler: They can do so by simple law. This results from a transfer of the Constitutional Court’s case law on so-called Treaty Overrides in international tax law to religious constitutional law.

This is relevant since new scopes for religious policy arise with regard to concordat chairs and theological faculties.

[Translated by DeepL]