The Pope amends the “constitution” of the Vatican State

Salvatore Cernosio – Vatican City

In order to “respond to the needs of our time” and to “enact” the positions resulting from the international commitments undertaken by the Holy See “with the renewed needs demanded by this particular aspect”, today, May 13, the Pope promulgated the Memorial of the Blessed Virgin Mary of Fatima one New Basic Law of the Vatican City State. So Francis renews the “constitution” of the Vatican State, replacing it November 26, 2000 to Saint John Paul II which in turn followed the version issued by Pius XI on June 7, 1929.

repair under reforms

Therefore, the new reform is effective from the next June 7, which fits into the framework of the many reforms developed in these ten years of pontificate. In fact, the law is prepared and drafted to give the “foundational physiognomy” of the state, its powers, and the exercise of functions, and “assumes and complements” the already promulgated regulatory updates and institutional features that have been activated in the state with the reform of the Sources of Law Law, the Law of State Government and the Law of the Judicial System. The Pope himself explains it by presenting 24 articles:

called for the exercise of sovereign powers also over the Vatican City State under the Monos Petrino Agreement, Having set Lateranense as an instrument to guarantee the absolute and visible independence of the Holy See and to guarantee its supremacy also in the international sphere, I considered it necessary to promulgate a new Statute to respond to the needs of our day “

The aim is to ensure the “necessary autonomy” that state functions require for state business and activities.

to replace the 2000 Act

As in the “Constitution” of 2000, the Pope affirmed to the Supreme Pontiff “the full power of government” which includes legislative, executive and judicial powers. He also asserted the “unique specificity and independence of the Vatican’s legal system”, distinct from that of the Roman Curia. The assertion of state jurisdiction over areas outside its territory, or rather “the exercise of any subordinate authority over territory, as defined by the Lateran Treaty, and over the premises and in the areas in which state institutions or the Holy See operate and are enforceable under international law, guarantees and immunities, both personal and functional”.

Pontifical Commission

The Pope also confirms the legislative function of the Pontifical Commission for the Vatican City State, which has hitherto consisted of a Cardinal Presiding (also prefect of the province) and other cardinals. With the new statute – and this is one of the novelties – this will not be the case: in addition to the cardinals, the “other members” appointed by the pope for five-year terms will also enter the commission. Therefore, secular men and women can also participate in it.

Except for cases which the pope intends to assign to himself, the Pontifical Commission ratifies canons and other normative provisions. We read: “The president may issue decrees, decrees and other rulings in implementation of legislative or regulatory provisions.” and in cases of urgent necessity, “it can issue decrees having the force of law which, however, lose their efficacy if they are not converted into law by the pontifical commission within 90 days of their publication.”

College of State Councilors

In order to develop relevant projects, the Pontifical Commission benefits from the cooperation of the Prefectural Legal Office, Experts and state advisors. In connection with the latter, the new structure introduced by the law is the establishment of a private college for members of the Council of State. Previously, the chancellors – always appointed by the pope for a period of five years – were consulted individually, now there is a college that performs (just as the members individually) executive and advisory functions.

Organizing the budget

Another important novelty concerns the stricter and more detailed regulation of the budget and final balance which is decided annually by the Pontifical Commission, “according to the rules of accounting” and “with measures having the force of law”. The committee decides on the three-year financial plan by submitting “these documents directly for the approval of the Supreme Pontiff.” The budget should ensure a “balance of revenue and expenditure” and be inspired by the “principles of clarity, transparency and correctness” of the budget, keeping balances in balance and taking into account sustainability over time. Furthermore, “the budget is subject to the control and scrutiny of a council consisting of three members, who are appointed for three years by the Pontifical Commission, to which it follows.”

Governorate

As for the governorate, the new law emphasized that it “contributes with its own organizational structure the right message of the state and he is at the service of the successor of Peter who responds directly to him.” The representation of the Vatican State in relations with states and with other subjects of international law, in diplomatic relations and for the conclusion of treaties, is reserved to the Pope who exercises it through the Secretariat of State, but in some cases the representation is exercised A provincial president who participates in international institutions of which the Holy See is a member “in the name and on behalf of the state,” “maintains relations and association with foreign bodies and entities” necessary to secure supplies, communications, endowments, and public services.Furthermore, the province continues to provide security, public order, and civil protection and protection of health, healthcare, hygiene, the environment, economic activities, postal services, network infrastructure, building activities and technical systems.Its mission is also to preserve, enhance and use the artistic complex of the Vatican Museums, as well as to supervise the assets of the entire artistic, historical, archaeological and ethnographic heritage.