ABOUT THE CONFERENCE       PROGRAMME       SPEAKERS

Grand Chancellor at Faculties of Theology in the Republic of Croatia

Presentation by Dijana Mihalj, PhD

            Faculties of theology in Croatia, within the state universities, enrich the academic community and bring their own specificities, out of which the most notable one is the institution of the Grand Chancellor. Historically speaking, the office of the Grand Chancellor dates back to medieval Europe and is connected with the development of the first universities. The Chancellor was the head of the Cathedral School of Notre-Dame, one of the key institutions that played an important role in the formation of the University of Paris. At other universities, such as the one in Bologna and England, the office of the Chancellor had a different development. In time, the authority of the Chancellor evolved in order to respond to the contemporary needs of ecclesiastical higher education institutions, particularly faculties of theology. Their main task is to study and systematically present the Catholic teachings as well as seek answers to human problems in the light of God’s revelation.

            The first formal canon law organisation of the office of the Grand Chancellor at ecclesiastical universities and faculties date back to the 1931 Apostolic Constitution of Pius XI titled Deus scientarum. The Constitution laid the foundation for the management of those ecclesiastical higher education institutions, clearly marking the Grand Chancellor as a dignitary of the Church, normally the Ordinary (Prelatus ordinarius), who oversees all issues relating to the management and study of ecclesiastical sciences in the name of the Holy See. His authority is based on the pastoral responsibility for the preservation of the teachings of the Church and the promotion of ecclesiastical disciplines.

            The 1979 Apostolic Constitution titled Sapientia christiana by John Paul II and the valid 2017 Veritatis Gaudium by Pope Francis do not introduce any changes in the setting out of the role of the Grand Chancellor. The Grand Chancellor is normally the local Ordinary, the Bishop that the ecclesiastical university or faculty legally depend on, even though the Holy See may lay down otherwise.

            Still, in the part of the Implementing Provisions for the faithful implementation of the Veritatis gaudium Apostolic Constitution, there are three novel features relating to the Grand Chancellor, among which there is the submission of five-year reports to the Dicastery for Culture and Education, together with the opinion of the Grand Chancellor. In principle, the task of the Grand Chancellor is to represent the Holy See at the faculty as well as the faculty before the Holy See, to promote the preservation and advancement of the faculty, and to promote the communion with the particular and universal Church. His key responsibilities involve oversight over the integrity of the Catholic teaching and over the faithful adherence of the statutes and provisions promulgated by the Holy See; proposing deans and (tenured) professors to the Holy See; granting and revocation of authority to teach and fulfil canonical mission; in short, oversight over the academic and moral condition of the institution.

            The legal framework for the activities of faculties of theology within universities in the Republic of Croatia is laid down in international treaty, particularly the Agreement between the Holy See and the Republic of Croatia on Legal Matters as well as the Agreement between the Holy See and the Republic of Croatia regarding their Collaboration in the Fields of Education and Culture. The latter Agreement proclaims the specificity of Catholic higher education institutions whose legal personality the Republic of Croatia has recognised. That specificity means that the activities of such institutions is governed by the law on higher education and scientific activities, except as regards special provisions agreed in special agreements between the relevant Church and State authorities. It is those agreements that integrate into the legal system of the Republic of Croatia the canon law specificities of the office of the Grand Chancellor. On the other hand, the Grand Chancellor himself has an additional responsibility with regard to the respect and implementation of state laws. In this analysis, we will focus on the issues that are under the full purview of the Grand Chancellor, and which also have civil law effects.