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The law of Vatican City State consists of many forms, the most important of which is the canon law of the Catholic Church.[1] The organs of state are governed by the Fundamental Law of Vatican City State. The Code of Penal Procedure governs tribunals and the Lateran Treaty governs relations with the Italian Republic.
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Transcription
Vatican City: capitol of the Catholic Church, home to the pope, owner of impressive collections of art and history all contained within the borders of the world's smallest country: conveniently circumnavigateable on foot in only 40 minutes. Just how did the world end up with this tiny nation? The short answer is: because Mussolini and the long answer is fiendishly complicated so here's a simplified medium version: The popes used to rule a country called the Papal States that covered much of modern day Italy. It was during this 1,000+ year reign that the Popes constructed St. Peter's Basilica the largest church in the world -- and also built a wall around the base of a hill known as Vatican upon which St. Peter's Stood. But the Kingdom of Italy next door thought Rome would be an awesome capital for their country and so conquered the Papal States. His nation destroyed the Pope hid behind the walls of Vatican and conflictingly refused to acknowledge that the Kingdom of Italy existed, while simultaneously complaining about being a prisoner of the Kingdom of Italy -- which according to him didn't exist. Rather than risk religious civil war by getting rid of the pope the Kingdom of Italy decided to wait him out assuming he'd eventually give up -- but religion is nothing if not obstinate -- and 1, 2, 3, 4, 5 popes and sixty years later nothing had changed. Which brings us to Benito Mussolini the then prime minister of Italy who was tired of listing to the Pope complain to Italian Catholics about his self-imposed imprisonment so Mussolini thought he could score some political points by striking a deal which looked like this: 1) Italy gave the land of Vatican to the Pope. and… 2) Italy gave the Pope a bunch of apology money In return 1) The Pope acknowledged that Italy existed and and… 2) The Pope promised to remain neutral in politics and wars. On the off chance that, you know, Mussolini thought this might be a thing. The deal was signed and a new country, Vatican City was born. And today the tiny nation on a hill has all the things you'd expect of a country: its own government that makes its own laws that are enforced by its own police, who put people who break them in its own jail. It also has its own bank and prints its own stamps and issues its own license plates, though only its citizens can drive within its borders presumably because of terrible, terrible parking -- and as the true mark of any self-respecting nation: it has its own top-level domain: .VA But, despite all these national trappings Vatican City is not really like any other country. Hold on to your fancy hat, because it's about to get weird: To understand the Vatican: there are two people and two things that you need to know about: the famous pope, the incredibly confusing Holy See, The Country of Vatican City and along with that the almost completely unknown King of Vatican City. But first the Pope: who gets a throne to sit upon and from which he acts as the Bishop for all the Catholics in Rome. Actually all Bishops in the Catholic Church get their own thrones but because the Bishop of Rome is also the Pope his thrown is special and has it's own special name: The Holy See. Every time a Pope dies or retires there is a sort of game of thrones to see which of the bishops will next get to occupy the Holy See. So while Popes come and go the throne is eternal. As such the name The Holy See not only refers to the throne but also all the rules that make the Catholic Church the Catholic Church. When Mussolini crafted that aforementioned deal, technically he gave the land of Vatican City to The Holy See -- which, believe it or not, is a legal corporate person in international law. Basically every time you hear the words The Holy See think Catholic Church, Inc of which the Pope is the CEO. Now back to the King. The King of Vatican City has absolute, unchecked power within the country's borders and his presence makes Vatican City one of only six remanning absolute monarchies in the world, including Brunei, Oman, Qatar, Saudi Arabia, and Swaziland. The King's absolute power is why Vatican City can't join the European Union because only democracies are allowed. Through Vatican City does, strictly speaking, have a legislative brach of government -- staffed by cardinals, appointed by the pope -- the King of Vatican City can overrule their decisions and at any time for any reason. So why do you never hear about the King of Vatican City? Because though King and Pope are two different roles, they just happen to be occupied by the same person at the same time -- which has the funny consequence that, because the Pope is elected and the King is all-powerful but they're the same guy it makes Vatican City the world's only elected, non-hereditary absolute monarchy. It's this dual-role that makes untangling Vatican City so difficult because the Pope, depending on the situation either acts as The King of the country of Vatican City or the Pope of the Holy See. Got it? No? OK, here's an analogy: Imagine if a powerful international company, say Grey Industries, had a CEO who convinced the United States to give one of its islands to the Company which then made the island into a new country -- Greytropolis -- with an absolute monarchy as its government and the law that the King of Greytropolis is, by definition, the CEO of Grey Industries. It's pretty obvious at that point that the CEO should move his corporate headquarters to the new nation -- so that the laws of the country can benefit the company and the company's global reach can benefit the country. As for the man in the middle sometimes it's good to the the CEO and sometimes it's good to be the king. That is essentially Vatican City. But if you're still confused, don't worry even other countries can't keep it straight. For example the United Nations has The Holy See the corporation as a member but not Vatican City the actual country. And The Holy See gives passports to Vatican City citizens that other countries accept even though those passports come from a company, not a country. And speaking of Vatican City citizens, they are perhaps the strangest consequence of the Pope's dual role as religious leader and monarch. While other countries mint new citizens with the ever popular process of human reproduction Vatican City does not. No one in Vatican City is born a citizen -- and that's not just because, within a rounding error, there are no female Vaticans. The only way to become a citizen is for the King of Vatican City to appoint you as one. And the King only appoints you a citizen if you work for the Pope -- who is also the King. And because the King is all-powerful your citizenship is at his whim. If you quit your job for the Pope, the King -- who is also the pope -- will revoke your citizenship. These rules mean that Vatican City doesn't have a real permanent population to speak of: there are only about 500 full citizens -- which is fewer people that live in single skyscrapers in many countries -- and all these citizens work for The Holy See as either Cardinals or Diplomats or the Pope's bodyguards or other Catholic-related jobs. So it's best to think of Vatican City as a kind of Sovereign Corporate Headquarters that grants temporary citizenship to its managers rather than a real city-state like Singapore: which has a self-reproducing population of citizens engaged in a variety of economic activities both of which Vatican City lacks. But in the end, the reason the world cares about Vatican City is not because of the citizens within its walls but because of the billion members of its church outside those walls.
Canon law
The canon law of the Catholic Church is supreme in the civil legal system of Vatican City State. The Supreme Tribunal of the Apostolic Signatura, a dicastery of the Roman Curia and the highest canonical tribunal, is also the final court of cassation in the civil legal system of Vatican City State. Its competence includes appeals concerning legal procedure and judicial competence. According to a 2008 law issued by Pope Benedict XVI, the civil legal system of Vatican City State recognizes canon law as its first source of norms and first principle of interpretation. Pope Francis has stated that principles of canon law are essential to the interpretation and application of the laws of Vatican City State.[1]
Fundamental Law
The Fundamental Law governs the civil government of Vatican City State.
The Fundamental Law of Vatican City State, promulgated by Pope John Paul II on 26 November 2000, consists of 20 articles and is the constitutional law of the Vatican City State.[2] It obtained the force of law on 22 February 2001, Feast of the Chair of St. Peter, and replaced in its entirety the Fundamental Law of Vatican City promulgated by Pope Pius XI on 7 June 1929. All the norms in force in Vatican City State which were not in agreement with the new Law were abrogated and the original of the Fundamental Law, bearing the Seal of Vatican City State, was deposited in the Archive of the Laws of Vatican City State and the corresponding text was published in the Supplement to the Acta Apostolicae Sedis.[3]
In April 2023, Pope Francis promulgated a new Fundamental Law, this new version entered into force the same year.
Curia law
The apostolic constitution Praedicate evangelium governs the Roman Curia which assists the pope in the governance of the Catholic Church.[4][5]
Positive civil and penal law
Most of the positive and penal civil law—in contrast to canon law with civil effects—is based on the Italian code from 1889. It was outdated in many ways. This was amended in a major fashion in 2013 to include a number of United Nations Conventions the state has signed over the years, as well as bringing it up to date. The penal code now includes specifics defining money laundering, explicit listing of sexual crimes, and violating confidentiality. Since life imprisonment was abolished by Pope Francis in 2013, the maximum penalty is 30 to 35 years of imprisonment.[6]
In 2008, the Vatican announced that it will no longer automatically adopt new Italian laws, as many Italian laws diverge from Catholic doctrine. The announcement came in the wake of conflict over right-to-life issues following the Eluana Englaro case. Existing law provided that Italian laws were accepted automatically except on bilateral treaties or those that have a sharp divergence with basic canon law. Under the new procedure, the Vatican would examine Italian laws before deciding whether to adopt them. However, as the Vatican had not always accepted Italian laws under the old procedure little would change, with one newspaper commentator calling the announcement a "masked warning" to the Italian government.[7]
On March 29, 2019, one month after a historic Vatican sex abuse summit was held,[8] Pope Francis issued a new Vatican City law requiring Vatican City officials, including those in the Roman Curia,[8] and foreign nuncios affiliated with the Vatican government, to report sex abuse. Failure to do so can result in a fine of up to 5,000 euros (about $5,600) or, in the case of a Vatican gendarme, up to six months in prison.[9] The statute of limitations was also increased from 4 years to 20 years and any Vatican employee found guilty will be dismissed on a mandatory basis.[10] On May 9, 2019, a new law was issued to male and female church workers not just in the Vatican, but throughout the world to disclose any report of sex abuse.[11][12][13]
In February 2021, Pope Francis amended articles 17, 376, 379 of the penal code of the Vatican. "These changes may affect the Vatican’s impending trial of the 39-year-old Italian woman Cecilia Marogna, who has been accused of embezzlement, which she denies."[14]
In April 2021, Pope Francis published an apostolic letter motu proprio to change some articles so that Vatican City court can judge cardinals and bishops.[15]
International law
Officials of the State of Vatican City have diplomatic immunity under international law. Hence, if they are accused of a crime in their host country, they are ordinarily recalled to the State of Vatican City to face civil trial, and, if applicable, to face canonical trial at the Congregation for the Doctrine of the Faith (CDF) or competent dicastery.[16] Under the coming new Constitution, however, the authority of the CDF will be weakened and the Pontifical Commission for the Protection of Minors will join the Roman Curia with greater authority as well. A new “super dicastery” which promotes evangelization will also serve as the main institution in the Roman Curia.[4][5]
Judiciary
The judicial system of Vatican City consists of:[17][18]
- a sole judge (Giudice Unico, Solus Iudex) with limited jurisdiction
- a tribunal (tribunale, atrium) with four members
- a Court of Appeal (Corte d'Appello, Curia Appellationis) with four members
- a Supreme Court (Corte di Cassazione, Curia Cassationis) with three members
Justice is exercised in the name of the Supreme Pontiff.
The sole judge has to be a Vatican citizen and he can simultaneously serve as a member of the tribunal. The tribunal itself consists of a president and three other judges (however, cases are heard in a curia of three judges). A promoter of justice (Promotore di Giustizia) serves as attorney both at the tribunal and at the court of the sole judge. The members of the tribunal, the sole judge and the promoter of justice are all lay jurists and are appointed by the pope.
On May 7, 2015, Pope Francis appointed as a Judge of the Ecclesiastical Court of Vatican City State, Lucio Banerjee, a cleric of the Diocese of Treviso, in Treviso, Italy, and Paolo Scevola, of the Diocese of Vigevano, to serve as Notary Actuary of the same court; they are officials of the General Affairs Section of the Secretariat of State of the Holy See.[19] On September 30, 2017, Pope Francis named Denis Baudot, an official of the Apostolic Signatura and a priest of the Archdiocese of Lyon in Lyon, France, Judicial Vicar of the Ecclesiastical Tribunal of Vatican City State.[20]
The Court of Appeal consists of the president and three other judges (similar to the tribunal, cases are heard in a curia of three judges). The members of the Court of Appeal are appointed by the pope for a term of five years and are both clerics and lay persons. The Promoter of Justice of the Court of Appeals of Vatican City is currently, since his appointment by Pope Francis on Wednesday, June 12, 2013, Professor Raffaele Coppola, Professor of the Law Faculty at the State University of Bari in Bari, Italy, and a member of the Bar for canon and civil law in the Holy See.[21]
The Supreme Court consists of its president, who is by law the Cardinal Prefect of the Apostolic Signatura, currently Cardinal Dominique Mamberti, and two other cardinals, who are appointed by the President for a period of three years and who also have to be members of the Signatura. Additionally two or more judges are appointed for a three-year term (giudici applicati). Ordinarily cases are decided by the Cardinal judges; if opportune (e.g. in cases with higher legal complexity) two of the giudici applicati complement the judicial panel.[22]
All courts have their seat at the Palazzo del Tribunale at Piazza Santa Marta behind Saint Peter's Basilica.
On 16 March 2020, it was announced that Pope Francis signed a new motu proprio into law on March 13, 2020, which reforms the Vatican's judicial system. The motu proprio, titled Law CCCLI, updates the laws governing the Vatican's judiciary system and replaced the previous judicial system which was founded in 1987.[1] The new law provides for greater independence of judicial bodies and magistrates dependent on the Pope. It also specifies the requirements for the appointment of judges and it simplifies the judicial system while increasing the staff of the court. Furthermore, it provides a head for the Office of the Promoter of Justice (prosecutor's office), and sets out a standardized procedure for possible disciplinary action against certified advocates.[23]
On 14 October 2020, the first ever in-person criminal sex abuse trial held within the Vatican City walls, and also prosecuted by the Vatican city state itself, began, and involved a priest accused of sexually abusing a former St. Pius X youth seminary student between 2007 and 2012 and another for aiding and abetting the abuse.[24][25][26] The accused abuser, Rev. Gabriele Martinelli, 28, was a seminarian and has since become a priest. The other defendant is the seminary's 72-year-old former rector Rev. Enrico Radice, who was charged with aiding and abetting the alleged abuse.[26] On 6 October 2021, a Vatican court acquitted both Martinelli and Radice.[27][28]
Incarceration
The Vatican Gendarmerie has a limited number of prison cells.[16] Convicted criminals are held in Italian prisons under the terms of the Lateran Treaty.[16]
See also
References
- ^ a b c "Pope Francis reforms Vatican City courts with new law". Catholic News Agency. Retrieved 2021-02-16.
- ^ Law Library of Congress, "Guide to Law Online: Holy See", accessed Jan-2-2013
- ^ VaticanState.va, "Fundamental Law of Vatican City State" Archived 2008-02-26 at the Wayback Machine, concluding paragraphs; accessed Jan-2-2013
- ^ a b "Pope Francis to restructure Roman Curia with major office for evangelization". Chicago Catholic. Retrieved 2021-02-16.
- ^ a b San Martín, Inés (Apr 22, 2019). "New Vatican document to put evangelization ahead of doctrine". Crux. Archived from the original on 2019-04-25. Retrieved 2021-02-16.
- ^ "Archbishop Dominique Mamberti Explains the Importance of the Laws Approved by the Pontifical Commission for Vatican City State". Vatican Information Service. 2013-07-11. Retrieved 2013-07-15.[permanent dead link]
- ^ Babington, Deepa (2008-12-31). "Vatican ends automatic adoption of Italian law". Reuters. Retrieved 2014-09-16.
- ^ a b "Pope releases new Vatican legislation on abuse | News Headlines". www.catholicculture.org. Retrieved 2021-02-16.
- ^ "Pope Francis issues sexual abuse reporting laws for Vatican City and Holy See diplomats". www.cbsnews.com. Retrieved 2021-02-16.
- ^ "Vatican tightens laws on sexual abuse of minors". CNN. 29 March 2019.
- ^ Telegraph, The Catholic. "President of U.S. Bishops' Conference Issues Statement on Pope Francis's Motu Proprio Ordering Worldwide Response to the Evil of Sexual Abuse". Catholic Telegraph. Retrieved 2021-02-16.
- ^ "Pope Francis issues groundbreaking law requiring priests, nuns to report sex abuse, cover-up". NBC News. Retrieved 2021-02-16.
- ^ "Pope Francis issues broad new Vatican law on reporting of sexual abuse and cover-up". www.cbsnews.com. Retrieved 2021-02-16.
- ^ Brockhaus, Hannah. "Pope Francis modifies Vatican criminal code, citing 'changing sensibilities'". Catholic News Agency. Retrieved 2021-02-16.
- ^ "Pope Francis Changes Law to Allow Vatican City Court to Judge Cardinals and Bishops". NCR. Retrieved 2021-05-12.
- ^ a b c Mena, Adelaide. "What are the Vatican's next steps in the child porn case?". Catholic News Agency. Retrieved 2021-02-16.
- ^ Giuseppe Dalla Torre (2009). "L'Ordinamento Giudiziario". Ottanta anni dello Stato della Città del Vaticano. Governatorato dello Stato della Città del Vaticano. pp. 135–144.
- ^ "Legge che approva l'ordinamento giudiziario dello Stato della Città del Vaticano (Suppl. 12)". Acta Apostolicae Sedis (AAS) 79. Holy See. 1987.
- ^ "Rinunce e nomine, 07.05.2015". Vatican.va. Archived from the original on 2015-09-06. Retrieved 2021-02-16.
- ^ "Resignations and Appointments, 30.09.2017". press.vatican.va. Retrieved 2021-02-16.
- ^ "Archived copy". Archived from the original on 2013-06-20. Retrieved 2013-06-12.
{{cite web}}: CS1 maint: archived copy as title (link) - ^ "Legge N. CCCLI sull'ordinamento giudiziario dello Stato della Città del Vaticano" (in Italian). 16 March 2020. Archived from the original on 13 March 2023. Retrieved 13 March 2023.
- ^ "New law for Vatican City responds to current needs". Vatican News. 2020-03-16. Retrieved 2021-02-16.
- ^ "Two priests accused in Vatican's first sexual abuse trial". BBC News. 2020-10-14. Retrieved 2021-02-16.
- ^ Povoledo, Elisabetta (2020-10-14). "Vatican Puts Priests on Trial Over Alleged Abuse Within Its Walls". The New York Times. ISSN 0362-4331. Retrieved 2021-02-16.
- ^ a b Poggioli, Sylvia (October 26, 2020). "Vatican Court Hears Unprecedented Sexual Abuse Criminal Trial". NPR. Retrieved November 11, 2020.
- ^ Povoledo, Elisabetta (6 October 2021). "Vatican Issues Acquittals in Sexual Abuse Case Involving Former Altar Boys". New York Times. Retrieved 16 April 2022.
- ^ Harlan, Chico; Pitrelli, Stefano (6 October 2021). "First Vatican sexual abuse trial absolves a former altar boy who served the pope". Washington Post. Retrieved 16 April 2022.
External links
- "Researching the Law of Vatican City State"
- Law Library of Congress Guide to Law Online: Holy See
- "Apostolic Letter issued motu proprio of the Supreme Pontiff Francis on the Jurisdiction of Judicial Authorities of Vatican City State in Criminal Matters", 11 July 2013.
This page was last edited on 27 March 2024, at 15:36