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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.
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]
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.
The apostolic constitution Praedicate evangelium governs the Roman Curia which assists the pope in the governance of the Catholic Church. [4] [5]
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 It was outdated in many ways.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]
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]
 | This section's factual accuracy may be compromised due to out-of-date information. The reason given is: The Pope made changes to the Vatican Judicial System in March 2020 - see Law No. CCCLI on the Vatican City State Judicial System (16 March 2020) (in Italian).(December 2021) |
The judicial system of Vatican City consists of: [17] [18]
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]
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]
The Roman Curia comprises the administrative institutions of the Holy See and the central body through which the affairs of the Roman Catholic Church are conducted. The Roman Curia is the institution which the Roman Pontiff ordinarily makes use of in the exercise of his supreme pastoral office and universal mission in the world. It is at the service of the Pope, successor of Peter, and of the Bishops, successors of the Apostles, according to the modalities that are proper to the nature of each one, fulfilling their function with an evangelical spirit, working for the good and at the service of communion, unity and edification of the Universal Church and attending to the demands of the world in which the Church is called to fulfill its mission.
The politics of Vatican City take place in a framework of a theocratic absolute elective monarchy, in which the Pope, religiously speaking, the leader of the Catholic Church and Bishop of Rome, exercises ex officio supreme legislative, executive, and judicial power over the Vatican City as it is being governed by the Holy See, a rare case of non-hereditary monarchy.
The Dicastery for the Doctrine of the Faith (DDF) is a department of the Roman Curia in charge of the religious discipline of the Catholic Church. The Dicastery is the oldest among the departments of the Roman Curia. Its seat is the Palace of the Holy Office in Rome. It was founded to defend the Catholic Church from heresy and is the body responsible for promulgating and defending Catholic doctrine.
A prelate is a high-ranking member of the Christian clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin praelatus, the past participle of praeferre, which means 'carry before', 'be set above or over' or 'prefer'; hence, a prelate is one set over others.
The Dicastery for the Clergy, formerly named Congregation for the Clergy, is the dicastery of the Roman Curia responsible for overseeing matters regarding priests and deacons not belonging to religious orders. The Congregation for the Clergy handles requests for dispensation from active priestly ministry, as well as the legislation governing presbyteral councils and other organisations of priests around the world. The Congregation does not deal with clerical sexual abuse cases, as those are handled exclusively by the Dicastery for the Doctrine of the Faith.
The Dicastery for the Eastern Churches, previously named Congregation for the Oriental Churches or Congregation for the Eastern Churches, is a dicastery of the Roman Curia responsible for contact with the Eastern Catholic churches for the sake of assisting their development and protecting their rights. It also maintains whole and entire in the one Catholic Church the heritage and canon law of the various Eastern Catholic traditions. It has exclusive authority over the following regions: Egypt and the Sinai Peninsula, Eritrea and northern Ethiopia, southern Albania and Bulgaria, Cyprus, Greece, Iran, Iraq, Lebanon, Israel, Syria, Jordan and Turkey, and also oversees jurisdictions based in Romania, Southern Italy, Hungary, India and Ukraine.
The Roman Rota, formally the Apostolic Tribunal of the Roman Rota, and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin Church members and the Eastern Catholic members and is the highest ecclesiastical court constituted by the Holy See related to judicial trials conducted in the Catholic Church. An appeal may be had to the pope himself, who is the supreme ecclesiastical judge. The Catholic Church has a complete legal system, which is the oldest in the West still in use. The court is named Rota (wheel) because the judges, called auditors, originally met in a round room to hear cases. The Rota was established in the 13th century.
The papal household or pontifical household, called until 1968 the Papal Court, consists of dignitaries who assist the pope in carrying out particular ceremonies of either a religious or a civil character.
The Supreme Tribunal of the Apostolic Signatura is the highest judicial authority in the Catholic Church. In addition, it oversees the administration of justice in the church.
The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church. The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917.
The ecclesiastical response to Catholic sexual abuse cases is a major aspect of the academic literature surrounding the Church's child sexual abuse scandal. The Catholic Church's response to the scandal can be viewed on three levels: the diocesan level, the episcopal conference level and the Vatican. Responses to the scandal proceeded at all three levels in parallel with the higher levels becoming progressively more involved as the gravity of the problem became more apparent.
Juan Ignacio Arrieta Ochoa de Chinchetru is a Spanish prelate of the Catholic Church who has been secretary of the Pontifical Council for Legislative Texts since 15 February 2007. A bishop since 2008, he has held several other appointments in the Roman Curia.
The Curial response to Catholic sexual abuse cases was a significant part of the Church's response to Catholic sexual abuse cases. Its policies have shifted from favoring secrecy in the 20th century to active reform and apologies in the 21st century. Under the current leadership of Pope Francis, the issue has been addressed through direct instructions to report cases of sexual abuse and revoking the former policies of secrecy.
Pontificalis Domus was a motu proprio document issued by Pope Paul VI on 28 March 1968, in the fifth year of his pontificate. It reorganized the Papal Household, which had been known until then as the Papal Court.
The Secretariat for the Economy is a dicastery of the Roman Curia with authority over all economic activities of the Holy See and the Vatican City State.
The matrimonial nullity trial reforms of Pope Francis are the reforms of the Canon law of the Catholic Church governing such trials, made public on 8 September 2015. The reforms were effected by two separate apostolic letters from Pope Francis: the motu proprioMitis Iudex Dominus Iesus amending the 1983 Code of Canon Law, and the motu proprioMitis et misericors Iesus amending the Code of Canons of the Eastern Churches. This was in response to the bishops who, during the 2014 Synod on the Family, called for the simplification of the procedure whereby a canonically invalid marriage is declared null.
The Vatican sexual abuse summit, officially the Meeting on the Protection of Minors in the Church, was a four-day Catholic Church summit meeting in Vatican City that ran from 21 to 24 February 2019, convened by Pope Francis to discuss preventing sexual abuse by Catholic Church clergy.
The following outline is provided as an overview of and topical guide to the canon law of the Catholic Church:
Vos estis lux mundi is a motu proprio by Pope Francis, promulgated on 9 May 2019. It establishes new procedural norms to combat sexual abuse and ensure that bishops and religious superiors are held accountable for their actions. It establishes universal norms, which apply to the whole church. As an experiment, the norms entered into force for a period of three years, starting on 1 June 2019. The norms were then expanded and made permanent on 25 March 2023, with their coming into force on 30 April 2023.
Traditionis custodes is an apostolic letter issued motu proprio by Pope Francis, promulgated on 16 July 2021 regarding the continued use of pre-Vatican II rites. It restricts the celebration of the Tridentine Mass of the Roman Rite, sometimes colloquially called the "Latin Mass" or the "Traditional Latin Mass". The apostolic letter was accompanied by an ecclesiastical letter to the Catholic bishops of the world.
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