Fundamental Law of Vatican City State
Encyclopedia
The Fundamental Law of Vatican City State, promulgated by Pope John Paul II
on 26 November 2000, is the Supreme Law of the Vatican. It obtained the Force of Law of 22 February 2001, Feast of the Chair of St. Peter, Apostle, and replaced in its entirety law N. I (the Fundamental Law of Vatican City of 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
. The law consists of 20 Articles.
Introductory Paragraph (Preamble
but that this College can only issue legislative dispositions
in cases of urgency and with efficacy limited to the time of interregnum, unless confirmed by the Pope
elected according to the norm of Canon Law
(the Ap. Const.
Universi Dominici Gregis
governs papal elections and is thus implied by this wording).
, for the purpose of diplomatic relations and the conclusion of treaties
, is reserved to the Supreme Pontiff himself, who exercises this right by means of the Secretariat of State.
Section One (Pontifical Commission for Vatican City State
Art. 3 §1 decrees that “legislative power, except for those cases which the Supreme Pontiff intends to reserve to himself or to other subjects, is exercised by a Commission” (or the Pontifical Commission for Vatican City State) which is composed of a Cardinal President and other Cardinals, all of which are named by the Supreme Pontiff for a term of five years.
Section Two (Absence or Impedance of the President
Art. 3 §2 provides for the case in which the absence or impedance of the President, and decrees that the Commission would be presided over by the first of the Cardinal Members.
exercise its power within the limits of the Law
concerning the sources of law, according to the indications to be given in future Articles and its proper Regulations.
and of the State which could be affected by them.
§2 gives the President the assistance of the Secretary General and the Vice Secretary General in the exercise of Executive power.
§3 says that “Questions of greater importance are submitted by the President to the Commission for its study.”
§2 gives the power to the President to issue in cases of urgent necessity, dispositions having the force of law, which however lose their force if they are not confirmed by the Commission within ninety days.
§3 reserves the power to issue general Regulations to the Commission.
§2 provides for the President to delegate legal representation to the General Secretary for ordinary administrative activity.
1. He assists the President of the Commission in his functions.
2. According to the modalities indicated in the Laws of Vatican City State and under the directives of the President of the Commission, he:
a) oversees the application of the Laws and of the other normative dispositions and the
putting into effect of the decisions and directives of the President of the Commission;
b) oversees the administrative activity of the Governorate and coordinates the functions of the various Directorates.
§2 gives the Secretary General the right to take the place of the President of the Commission when the President is absent or impeded, except for what is determined in Art. 7, §2.
§2 gives the Vice Secretary General the right to take the place of the Secretary General when the Secretary General is absent or impeded.
§2 grants the Secretary General and the Vice Secretary General the right to take part in the Council.
§2 provides for the consultation of the Councillors both individually and collegially.
§3 decrees that he Councillor General presides over the meetings of the Councillors and that he also exercises functions of coordination and representation of the State, according to the indications of the President of the Commission.
, to request the assistance of the Pontifical Swiss Guard for the purpose of security and policing.
constituted according to the judicial structure of Vatican City State.
§2 gives the power of regulation of the competence of the individual organs to the Civil Laws of Vatican City State.
§3 demands that acts of jurisdiction must be carried out within the territory of the Vatican.
§2 states that “Hierarchical recourse precludes a judicial action in the same matter, unless the Supreme Pontiff authorizes it in the individual case.”
§2 gives the Court of Appeal the faculty to hear cases of recourse against disciplinary provisions taken in regard to the employees of the State, according to its own norms.
).
§2 describes that the coat of arms is constituted by the tiara and keys (see Coat of arms of the State of Vatican City).
§3 asserts that “the seal of the State bears in the centre the tiara with the keys and around it the words ‘Stato della Città del Vaticano,’ according to the model which forms attachment C to the present Law.”
Pope John Paul II
Blessed Pope John Paul II , born Karol Józef Wojtyła , reigned as Pope of the Catholic Church and Sovereign of Vatican City from 16 October 1978 until his death on 2 April 2005, at of age. His was the second-longest documented pontificate, which lasted ; only Pope Pius IX ...
on 26 November 2000, is the Supreme Law of the Vatican. It obtained the Force of Law of 22 February 2001, Feast of the Chair of St. Peter, Apostle, and replaced in its entirety law N. I (the Fundamental Law of Vatican City of 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
Acta Apostolicae Sedis
Acta Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909...
. The law consists of 20 Articles.
Introductory Paragraph (PreamblePreambleA preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute...
)
Section One (Absolute Monarch)
Art. 1 §1 declares that “The Supreme Pontiff, Sovereign of Vatican City State, has the fullness of legislative, executive and judicial powers.”Section Two (Interregnum)
Art. 1 §2 says that during an Interregnum, the same Powers stated in §1 belong to the College of CardinalsCollege of Cardinals
The College of Cardinals is the body of all cardinals of the Catholic Church.A function of the college is to advise the pope about church matters when he summons them to an ordinary consistory. It also convenes on the death or abdication of a pope as a papal conclave to elect a successor...
but that this College can only issue legislative dispositions
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in cases of urgency and with efficacy limited to the time of interregnum, unless confirmed by the Pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
elected according to the norm of Canon Law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
(the Ap. Const.
Apostolic constitution
An apostolic constitution is the highest level of decree issued by the Pope. The use of the term constitution comes from Latin constitutio, which referred to any important law issued by the Roman emperor, and is retained in church documents because of the inheritance that the canon law of the...
Universi Dominici Gregis
Universi Dominici Gregis
Universi Dominici Gregis is an Apostolic Constitution of the Catholic Church issued by Pope John Paul II on February 22, 1996. It superseded Pope Paul VI's 1975 Apostolic Constitution, Romano Pontifici Eligendo....
governs papal elections and is thus implied by this wording).
Article Two (Secretariat of State)
Art. 2 states that the representation of Vatican City State in relations with foreign nations and other subjects of international lawInternational law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, for the purpose of diplomatic relations and the conclusion of treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
, is reserved to the Supreme Pontiff himself, who exercises this right by means of the Secretariat of State.
Section One (Pontifical Commission for Vatican City StatePontifical Commission for Vatican City StateThe Pontifical Commission for Vatican City State is the legislative body of Vatican City...
)
Art. 3 §1 decrees that “legislative power, except for those cases which the Supreme Pontiff intends to reserve to himself or to other subjects, is exercised by a Commission” (or the Pontifical Commission for Vatican City State) which is composed of a Cardinal President and other Cardinals, all of which are named by the Supreme Pontiff for a term of five years.Section Two (Absence or Impedance of the PresidentPresident of the Pontifical Commission for Vatican City StateThe President of the Pontifical Commission for Vatican City State is the leader of the Pontifical Commission for Vatican City State, the legislative body of Vatican City. As a senior member of the Roman Curia, the president is normally a cardinal of the Roman Catholic Church...
)
Art. 3 §2 provides for the case in which the absence or impedance of the President, and decrees that the Commission would be presided over by the first of the Cardinal Members.Section Three (Meetings)
Art. 3 §3 describes who convokes and presides over the meetings of the Commission (the President) and says that “the Secretary General and the Vice Secretary General participate in them with a consultative vote.”Section One
Art. 4 §1 demands that the CommissionPontifical Commission for Vatican City State
The Pontifical Commission for Vatican City State is the legislative body of Vatican City...
exercise its power within the limits of the Law
Law of Vatican City State
The Law of Vatican City State consists of many forms, the most important of which is the Fundamental Law of Vatican City State, essentially the Constitution of Vatican City State...
concerning the sources of law, according to the indications to be given in future Articles and its proper Regulations.
Section Two
§2 prescribes that the Commission, in the drawing up of draft laws, makes use of the collaboration of the Councillors of Vatican City State, of other experts and of the Organizations of the Holy SeeHoly See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
and of the State which could be affected by them.
Section Three
§3 says “The draft laws are submitted in advance, through the Secretariat of State, for the consideration of the Supreme Pontiff.”Article Five (Executive Power)
Art. 5 §1 gives Executive power to the President of the Commission, in conformity with the Fundamental Law and with the other normative dispositions in force at Vatican City State.§2 gives the President the assistance of the Secretary General and the Vice Secretary General in the exercise of Executive power.
§3 says that “Questions of greater importance are submitted by the President to the Commission for its study.”
Article Six (Important Matters)
Art. 6 declares that “Matters of greater importance are dealt with together with the Secretariat of State.”Article Seven (Emergency Legislative Powers)
Art. 7 §1 gives he President of the Commission the power to issue Ordinances, putting into effect legislative and regulatory norms.§2 gives the power to the President to issue in cases of urgent necessity, dispositions having the force of law, which however lose their force if they are not confirmed by the Commission within ninety days.
§3 reserves the power to issue general Regulations to the Commission.
Article Eight
Art. 8 §1 declares that, without prejudice to the primacy of the Supreme Pontiff, and what is established in Art. 2 regarding the Secretariat of State, the President of the Commission represents the State.§2 provides for the President to delegate legal representation to the General Secretary for ordinary administrative activity.
Article Nine
Art. 9 §1 states the responsibilities of the Secretary General:1. He assists the President of the Commission in his functions.
2. According to the modalities indicated in the Laws of Vatican City State and under the directives of the President of the Commission, he:
a) oversees the application of the Laws and of the other normative dispositions and the
putting into effect of the decisions and directives of the President of the Commission;
b) oversees the administrative activity of the Governorate and coordinates the functions of the various Directorates.
§2 gives the Secretary General the right to take the place of the President of the Commission when the President is absent or impeded, except for what is determined in Art. 7, §2.
Article Ten
Art. 10 §1 outlines the powers to the Vice Secretary General: In accord with the Secretary General, he oversees the preparation and drafting of the various proceedings and of the correspondence and carries out the other activities attributed to him.§2 gives the Vice Secretary General the right to take the place of the Secretary General when the Secretary General is absent or impeded.
Article Eleven
Art. 11 §1 explains that in the preparation and the study of accounts and for other affairs of a general order concerning the personnel and activity of the Vatican, the President of the Commission is assisted by the Council of Directors, which he periodically convenes and leads.§2 grants the Secretary General and the Vice Secretary General the right to take part in the Council.
Article Twelve
Art. 12 prescribes that the financial budgets and reports of the Vatican, after their approval by the Commission, are submitted to the Pope through the Secretariat of State.Article Thirteen
Art. 13 §1 gives The Councillor General and the Councillors of the State, named by the Supreme Pontiff for a five-year term, the responsibility to offer their assistance in the drafting of Laws and in other matters of particular importance.§2 provides for the consultation of the Councillors both individually and collegially.
§3 decrees that he Councillor General presides over the meetings of the Councillors and that he also exercises functions of coordination and representation of the State, according to the indications of the President of the Commission.
Article Fourteen
Art. 14 gives the President of the Commission the right, in addition to using the Corps of VigilanceCorps of Gendarmerie of Vatican City
The Corpo della Gendarmeria dello Stato della Città del Vaticano is the gendarmerie, or police and security force, of Vatican City. The corps is responsible for security, public order, border control, traffic control, criminal investigation, and other general police duties in Vatican City...
, to request the assistance of the Pontifical Swiss Guard for the purpose of security and policing.
Article Fifteen
Art. 15 §1 asserts that, in the name of the Pope, Judicial power is exercised by the organsconstituted according to the judicial structure of Vatican City State.
§2 gives the power of regulation of the competence of the individual organs to the Civil Laws of Vatican City State.
§3 demands that acts of jurisdiction must be carried out within the territory of the Vatican.
Article Sixteen
Art. 16 gives the Pope the power to defer the instruction and the decision in any civil or penal case and in any stage of the same to a particular subject, even with the faculty of pronouncing a decision according to equity and with the exclusion of any further recourse.Article Seventeen
Art. 17 §1 gives whoever claims that a proper right or legitimate interest has been damaged by an administrative act the right to propose hierarchical recourse or approach the competent judicial authority.§2 states that “Hierarchical recourse precludes a judicial action in the same matter, unless the Supreme Pontiff authorizes it in the individual case.”
Article Eighteen
Art. 18 §1 gives the Labour Office of the Apostolic See the faculty to hear controversies concerning labour relations between the employees of the State and the Administration, according to its own Statute.§2 gives the Court of Appeal the faculty to hear cases of recourse against disciplinary provisions taken in regard to the employees of the State, according to its own norms.
Article Nineteen
Art. 19 reserves the faculty to grant amnesties, indults, remissions and favours to the Supreme Pontiff.Article Twenty (Flag, Coat of Arms and Seal)
Art. 20 §1 enumerates the design of the flag of Vatican City State (see Flag of Vatican CityFlag of the Vatican City
The flag of Vatican City was adopted on June 7, 1929, the year Pope Pius XI signed the Lateran Treaty with Italy, creating a new independent state governed by the Holy See...
).
§2 describes that the coat of arms is constituted by the tiara and keys (see Coat of arms of the State of Vatican City).
§3 asserts that “the seal of the State bears in the centre the tiara with the keys and around it the words ‘Stato della Città del Vaticano,’ according to the model which forms attachment C to the present Law.”