(In connection with a 146/38g) Va- 139/38g
SECRET
The Reich and Prussian Minister of Education, etc.
Berlin W8, May 17, 1938
Z II a Nr. 10074 Geh/38 Reich Ministry of Justice
May 18, 1938
Dept. V Off. a
In reference to the communication of May 5, 1938—I 176/38, 1014 g, V a 138/38 g, re: Concordat between the Holy See and the Republic of Austria.
I agree with your conception in the final analyses.
The Austrian concordat did not—according to your arguments—enter into a due constitutional existence and is therefore without legal effect. However, in contradistinction to your arguments, I believe it correct to assume that the treaty was void from the beginning (ab initio) and not from now on. Therefore all legal acts which have taken place up to the day of establishment of invalidity of the Austrian concordat would have to be sanctioned retroactively.
Looking at both possibilities, as presented by you, the Austrian concordat is void ab initio, in the first case as represented by you and also by me from the very beginning, in the second case from March 13, 1938 on. For legal considerations, in both cases, the subsequent sanctioning of any legal acts, carried out meanwhile, is absolutely required.
By registered mail.
1. Reich Minister and Prussian Minister of the Interior, Attention: Min. Buerodirektor Stoppel or acting deputy.
2a. Reich Minister and Prussian Minister for Church Affairs, Attention Regierungsrat Urlacher or acting deputy.