Lateran Treaty

Last updated
Lateran Treaty
TypeBilateral treaty
DraftedEstablishment of papal state on the Apennine peninsula
Signed11 February 1929 (1929-02-11)
Location Rome, Italy
ConditionRatification by the Kingdom of Italy and Vatican City
Signatories
  • Flag of Italy (1861-1946) crowned.svg Italy
    Flag of the Vatican City.svg Vatican City
Coat of arms of the Vatican City.svg
This article is part of a series on the
politics and government of
Vatican City
Flag of the Vatican City.svg Vatican Cityportal
046CupolaSPietro.jpg Catholicismportal

The Lateran Treaty (Italian : Patti Lateranensi; Latin : Pacta Lateranensia) was one of the Lateran Pacts of 1929 or Lateran Accords, agreements made in 1929 between the Kingdom of Italy and the Holy See, settling the "Roman Question". They are named after the Lateran Palace, where they were signed on 11 February 1929. The Italian parliament ratified them on 7 June 1929. It recognized Vatican City as an independent state, with the Italian government, at the time led by Benito Mussolini as prime minister, agreeing to give the Roman Catholic Church financial compensation for the loss of the Papal States. [1] In 1947, the Lateran Treaty was recognized in the Constitution of Italy [2] as regulating the relations between the state and the Catholic Church.

Italian language Romance language

Italian is a Romance language of the Indo-European language family. Italian descended from the Vulgar Latin of the Roman Empire, and together with Sardinian, is by most measures the closest language to it of the Romance languages. Italian is an official language in Italy, Switzerland, San Marino and Vatican City. It has an official minority status in western Istria. It formerly had official status in Albania, Malta, Monaco, Montenegro (Kotor) and Greece, and is generally understood in Corsica and Savoie. It also used to be an official language in the former Italian East Africa and Italian North Africa, where it still plays a significant role in various sectors. Italian is also spoken by large expatriate communities in the Americas and Australia. Italian is included under the languages covered by the European Charter for Regional or Minority languages in Bosnia and Herzegovina and in Romania, although Italian is neither a co-official nor a regional or a traditional language in these countries, where Italians do not represent a historical minority. In the case of Romania, Italian is listed by the Government along 10 other languages which supposedly receive a "general protection", but not between those which should be granted an "advanced or enhanced" one. Many speakers of Italian are native bilinguals of both Italian and other regional languages.

Kingdom of Italy kingdom on the Appenine Peninsula between 1861 and 1946

The Kingdom of Italy was a state which existed from 1861—when King Victor Emmanuel II of Sardinia was proclaimed King of Italy—until 1946—when civil discontent led an institutional referendum to abandon the monarchy and form the modern Italian Republic. The state was founded as a result of the unification of Italy under the influence of the Kingdom of Sardinia, which can be considered its legal predecessor state.

Holy See Episcopal jurisdiction of the Catholic Church in Rome, Italy

The Holy See, also called the See of Rome, is the apostolic episcopal see of the bishop of Rome, known as the Pope, ex cathedra the universal ecclesiastical jurisdiction of the worldwide Catholic Church, and a sovereign entity of international law. Founded in the 1st century by Saints Peter and Paul, by virtue of Petrine and Papal primacy according to Catholic tradition, it is the focal point of full communion for Catholic bishops and Catholics around the world organised in polities of the Latin Church, the 23 Eastern Catholic Churches, and their dioceses and religious institutes.

Contents

Content

The Lateran Pacts are often presented as three treaties: a 27-article treaty of conciliation, a three-article financial convention, and a 45-article concordat. [3] [4] [5] [6] [7] [8] However, the website of the Holy See presents the pacts as two, making the financial convention an annex of the treaty of conciliation. In this presentation, the pacts consisted of two documents, the first of which had four annexes: [9]

Concordat agreement or treaty between the Holy See of the Catholic Church and a sovereign state

A concordat is a convention between the Holy See and a sovereign state that defines the relationship between the Catholic Church and the state in matters that concern both, i.e. the recognition and privileges of the Catholic Church in a particular country and with secular matters that impact on church interests.

Vatican City Independent city-state within Rome, Italy

Vatican City, officially Vatican City State, is an independent city-state enclaved within Rome, Italy. Established with the Lateran Treaty (1929), it is distinct from yet under "full ownership, exclusive dominion, and sovereign authority and jurisdiction" of the Holy See. With an area of 44 hectares, and a population of about 1,000, it is the smallest sovereign state in the world by both area and population.

The properties of the Holy See are regulated by the 1929 Lateran Treaty signed with the Kingdom of Italy. Although part of Italian territory, some of them enjoy immunities, similar to those of foreign embassies.

Capture of Rome Final event of Italian unification

The Capture of Rome, on 20 September 1870 was the final event of the long process of Italian unification known as the Risorgimento, marking both the final defeat of the Papal States under Pope Pius IX and the unification of the Italian peninsula under King Victor Emmanuel II of the House of Savoy.

History

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Francesco Pacelli was the right-hand man to Pietro Gasparri during the Lateran Treaty negotiations FrancescoPacelli1922.jpg
Francesco Pacelli was the right-hand man to Pietro Gasparri during the Lateran Treaty negotiations
Territory of Vatican City State, established by the Lateran Accords Vatican City annex.jpg
Territory of Vatican City State, established by the Lateran Accords
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2013 map of Vatican City

During the unification of Italy in the mid-19th century, the Papal States resisted incorporation into the new nation, even as all the other Italian countries, except for San Marino, joined it; Camillo Cavour's dream of proclaiming the Kingdom of Italy from the steps of St. Peter's Basilica did not come to pass. The nascent Kingdom of Italy invaded and occupied Romagna (the eastern portion of the Papal States) in 1860, leaving only Latium in the Pope's domains. Latium, including Rome itself, was occupied and annexed in 1870. For the following sixty years, relations between the Papacy and the Italian government were hostile, and the status of the Pope became known as the "Roman Question".

Italian unification political and social movement that consolidated different Italian states into a single state

Italian unification, also known as the Risorgimento, was the political and social movement that consolidated different states of the Italian peninsula into the single state of the Kingdom of Italy in the 19th century. The process began in 1815 with the Congress of Vienna and was completed in 1871 when Rome became the capital of the Kingdom of Italy.

Papal States territories in the Appenine Peninsula under the sovereign direct rule of the pope between 752–1870

The Papal States, commonly known as the Roman States and officially the State of the Church, were a series of territories in the Italian Peninsula under the direct sovereign rule of the Pope, from the 8th century until 1870. They were among the major states of Italy from roughly the 8th century until the Kingdom of Piedmont-Sardinia unified the Italian Peninsula by conquest in a campaign virtually concluded in 1861 and definitively in 1870. At their zenith, the Papal States covered most of the modern Italian regions of Lazio, Marche, Umbria and Romagna, and portions of Emilia. These holdings were considered to be a manifestation of the temporal power of the pope, as opposed to his ecclesiastical primacy.

San Marino Republic on the Appenine peninsula

San Marino, officially the Republic of San Marino, also known as the Most Serene Republic of San Marino, is an enclaved small-sized country, surrounded by Italy, situated on the Italian Peninsula on the northeastern side of the Apennine Mountains.

Negotiations for the settlement of the Roman Question began in 1926 between the government of Italy and the Holy See, and culminated in the agreements of the Lateran Pacts, signed—the Treaty says—for King Victor Emmanuel III of Italy by Benito Mussolini, Prime Minister and Head of Government, and for Pope Pius XI by Pietro Gasparri, Cardinal Secretary of State, [18] on 11 February 1929. [19] It was ratified on 7 June 1929. [20] The agreements were signed in the Lateran Palace, hence the name by which they are known.

Victor Emmanuel III of Italy King of Italy from 1900–1946

Victor Emmanuel III was the King of Italy from 29 July 1900 until his abdication on 9 May 1946. In addition, he held the thrones of Ethiopia and Albania as Emperor of Ethiopia (1936–1941) and King of the Albanians (1939–1943). During his reign of nearly 46 years, which began after the assassination of his father Umberto I, the Kingdom of Italy became involved in two world wars. His reign also encompassed the birth, rise, and fall of Italian Fascism and its regime.

Benito Mussolini Duce and President of the Council of Ministers of Italy. Leader of the National Fascist Party and subsequent Republican Fascist Party

Benito Amilcare Andrea Mussolini was Prime Minister of the Kingdom of Italy from his golpe in 1922 to 1943, and Duce of Fascism from 1919 to his execution in 1945 during the Italian civil war. As dictator of Italy and founder of fascism, Mussolini inspired several totalitarian rulers such as Adolf Hitler.

Prime Minister of Italy head of government of the Italian Republic

The President of the Council of Ministers of the Italian Republic, commonly referred to in Italy as Presidente del Consiglio, or informally as Premier and known in English as the Prime Minister of Italy, is the head of government of the Italian Republic. The office of Prime Minister is established by Articles 92 through to 96 of the Constitution of Italy. The Prime Minister is appointed by the President of the Republic after each general election and must have the confidence of the Italian Parliament to stay in office.

The agreements included a political treaty which created the state of the Vatican City and guaranteed full and independent sovereignty to the Holy See. The Pope was pledged to perpetual neutrality in international relations and to abstention from mediation in a controversy unless specifically requested by all parties. In the first article of the treaty, Italy reaffirmed the principle established in the 4 March 1848 Statute of the Kingdom of Italy, that "the Catholic, Apostolic and Roman Religion is the only religion of the State". [21] The attached financial agreement was accepted as settlement of all the claims of the Holy See against Italy arising from the loss of temporal power of the Papal States in 1870.

The sum thereby given to the Holy See was actually less than Italy declared it would pay under the terms of the Law of Guarantees of 1871, by which the Italian government guaranteed to Pope Pius IX and his successors the use of, but not sovereignty over, the Vatican and Lateran Palaces and a yearly income of 3,250,000 lire as indemnity for the loss of sovereignty and territory. The Holy See, on the grounds of the need for clearly manifested independence from any political power in its exercise of spiritual jurisdiction, had refused to accept the settlement offered in 1871, and the Popes thereafter until the signing of the Lateran Treaty considered themselves prisoners in the Vatican, a small, limited area inside Rome.

To commemorate the successful conclusion of the negotiations, Mussolini commissioned the Via della Conciliazione (Road of the Conciliation), which would symbolically link the Vatican City to the heart of Rome.

After 1946

The Constitution of the Italian Republic, adopted in 1947, states that relations between the State and the Catholic Church "are regulated by the Lateran Treaties". [22]

In 1984, an agreement was signed, revising the concordat. Among other things, both sides declared: "The principle of the Catholic religion as the sole religion of the Italian State, originally referred to by the Lateran Pacts, shall be considered to be no longer in force". [23] The Church's position as the sole state-supported religion of Italy was also ended, replacing the state financing with a personal income tax called the otto per mille , to which other religious groups, Christian and non-Christian, also have access. As of 2013, there are ten other religious groups with access. The revised concordat regulated the conditions under which civil effects are accorded by Italy to church marriages and to ecclesiastical declarations of nullity of marriages. [24] Abolished articles included those concerning state recognition of knighthoods and titles of nobility conferred by the Holy See, [25] the undertaking by the Holy See to confer ecclesiastical honours on those authorized to perform religious functions at the request of the State or the Royal Household, [26] and the obligation of the Holy See to enable the Italian government to present political objections to the proposed appointment of diocesan bishops. [27]

In 2008, it was announced that the Vatican would no longer immediately adopt all Italian laws, citing conflict over right-to-life issues following the trial and ruling of the Eluana Englaro case. [28]

Violations

Italy's anti-Jewish laws of 1938 prohibited marriages between Jews and non-Jews, including Catholics. The Vatican viewed this as a violation of the Concordat, which gave the church the sole right to regulate marriages involving Catholics. [29] Article 34 of the Concordat had also specified that marriages performed by the Catholic Church would always be considered valid by civil authorities. [30] The Holy See understood this to apply to all marriages in Italy celebrated by Roman Catholic clergy, regardless of the faiths of those being married. [30]

See also

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References

Notes

  1. A History of Western Society (Tenth ed.). Bedford/St. Martin's. p. 900.
  2. Constitution of Italy, article 7.
  3. "Text of the Lateran Treaty of 1929". www.aloha.net.
  4. James Brown Scott, "The Treaty between Italy and the Vatican" in Proceedings of the American Society of International Law at Its Annual Meeting (1921–1969), volume 23, (24-27 April 1929), p. 13.
  5. "Holy See (Vatican City) Government Profile 2017". www.indexmundi.com.
  6. "CIA Factbook, "Holy See (Vatican City)"" (PDF).
  7. "La Chiesa cattolica e il fascismo" (PDF).
  8. "Scopri StoriaLive". www.pbmstoria.it.
  9. Pacts between the Holy See and the Kingdom of Italy, 11 February 1929.
  10. Rhodes, The Vatican in the Age of the Dictators, p. 45
  11. "index.html". lactualite.tripod.com.
  12. John F. Pollard, The Vatican and Italian Fascism, 1929–32: A Study in Conflict (Cambridge University Press 2005 ISBN   978-0-52102366-5), p. 43.
  13. John Whittam, Fascist Italy (Manchester University Press 1995 ISBN   978-0-71904004-7), p. 77.
  14. Gerhard Robbers, Encyclopedia of World Constitutions (Infobase Publishing 2006 ISBN   978-0-81606078-8), p. 1007.
  15. Law Library Journal, volume 99:3, p. 590.
  16. "How the Vatican built a secret property empire using Mussolini's millions", The Guardian , 21 January 2013.
  17. Vatican Journal, p. 59 (entry dated June 14, 1931).
  18. Kertzer, Prisoner of the Vatican, p. 292
  19. Rhodes, The Vatican in the Age of the Dictators, p. 46
  20. The National Encyclopedia, Vol. 10, p. 266
  21. "Patti lateranensi, 11 febbraio 1929 - Segreteria di Stato, card. Pietro Gasparri". www.vatican.va.
  22. "The Constitution of the Italian Republic, article 7".
  23. The American Society of International Law, "Agreement between the Italian Republic and the Holy See" (English translation) [ dead link ]
  24. Article 8 of the revised concordat
  25. Articles 41–42 of the 1929 concordat
  26. Article 15 of the 1929 concordat
  27. Article 19 of the 1929 concordat
  28. Elgood, Giles (31 December 2008). "Vatican ends automatic adoption of Italian law". Reuters . Retrieved 9 January 2009. The Vatican will no longer automatically adopt new Italian laws as its own, a top Vatican official said, citing the vast number of laws Italy churns out, many of which are in odds with Catholic doctrine.
  29. Zuccotti, 2000, p. 37.
  30. 1 2 Zuccotti, 2000, p. 48.

Bibliography