","longer_truncated_body_json":null,"longer_truncated_body_html":null,"truncated_body_text":"Pope Francis issued a revised Basic Law for Vatican City on Saturday, a kind of constitutional law for the tiny area around the Basilica of St. Petra. The new constitution introduced a number of interesting reforms. But a crucial change in the language of the text raises profound questions about the legal mindset surrounding Pope Francis and could lead to 40de-9dd9- 19041acf6aea","publication_id":228030,"name": "Analysis", "slug ": "analysis", "hidden":false},{"id": "9b33eb59-e097-42f0-915f - f7a7374c6766", "publication_id":228030, "name": "Canon Law", "slug": " canon law", "hidden":false}], "publishedBylines":[{"id":22957603, "name" :"ed. Condon, "handle": "edcondon", " previous_name": null, "photo_url" : "https://substackcdn.com/image/fetch/f_auto,q_auto:good,fl_progressive:steep/https%3A%2F%" 2Fbucketeer-e05bbc84-baa3-437e-9518-adb32be77984.s3.amazonaws.com%2Fpublic %2Fimages%2F3f363b34-ab20-41ba-9f80-2f79c22d8600_300x281.jpeg","bio":"Ed Condon is co-founder and editor of The Pillar. publication_id":228030,"role":admin","public":true, "is_primary":false,"publication":{"id":228030,"name":The Pillar,"subdomain": thepillar", "custom_domain": "www.pillarcatholic.com", "custom_domain_optional": false, " hero_text": "News and analysis about the Catholic Church." "logo_url": "https://bucketeer-e05bbc84-baa3 -437e -9518-adb32be77984.s3.amazonaws.com/public/images/e1d84de5-dbcf-4987- 8cad-e8e485283932_300x300.png", "author_id":21393502, "theme_var_background_pop": "#ff0000", "created_on": "2020-11-30T17:52:24.662Z","rss_website_url":null,"email_from_name":" Stup","copyright":"Stup","founding_plan_name":"Founder","community_enabled":true ,"invite_only ": false," payments_state "enabled"}}],"is_guest":false,"bestseller_tier": null}],"reaction":null,"reaction_count":4,"comment_count":10, "child_comment_count" :4 ,"audio_items":null,"truncated_description":null,"hasCashtag":false,"truncated_body_html": null,"post_paywall_content_for_google":null,"cover_image_alt":null,"cover_image_caption":null,"html ":"
Pope Francis issued a revised Basic Law for Vatican City State on Saturday, a kind of constitutional law for the tiny area around St. Peter's Basilica.
The new constitution introduced a number of interesting reforms. But a crucial change in the language of the text raises profound questions about the legal mindset surrounding Pope Francis and may point to an important undercurrent in the pope's broader project of institutional reform of church structures.
Most interestingly, the new law allows lay members to serve on the city-state's government commission, but removes all references to the commission's government authority.
The significance of this change goes beyond the mere tonal emphasis on the pope's immediate governmental power over the Vatican, and suggests an important development in the debate over what governmental power lay people have.
But while the meaning of the change is clear, its significance has worried some canonists.
Changes in the legal language of Vatican City State could mean either a waiver of attempts to expand lay government powers, or the opposite: a new legal formulation that would allow lay people to assume a new range of government duties.
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RevisedconstitutionFrancis was declared a state by the Vatican on May 13 and will come into force on June 7.
The new law re-emphasizes the Vatican's international sovereignty and legal independence, and includes new and explicit wording on how the city-state's temporal footprint ensures the Holy See's absolute and visible independence in the fulfillment of its lofty mission in the world, guaranteeing its unquestionable sovereignty as well at the international level.\u201D
Although the Vatican is often referred to as a sovereign state, albeit a micro-state, it is not technically sovereign.
Instead, the Vatican City State is recognized both in its own law and in international law as a territory governed by the Holy See, which is a separate legal entity, sovereign but without territory, consisting of the Bishop of Rome and those institutions which he establishes and maintains to assist him in his mission.
The Vatican, in this sense, is a sovereign territory governed by another sovereign entity, the Holy See, in the person of the Roman High Priest.
According to Article 1 of the Basic Law (both the new and the old version), the Pope has full governmental powers, which include legislative, executive and judiciary powers
Since the 1929 Lateran Treaty with Italy, which established the modern Vatican polity under international law, the Pope has governed the territory through an Administrative Commission, with the Pope being the sole source of executive, legislative and judicial power.
While the Pope reserves some executive powers, the regular work of the executive, legislative and judicial branches of the Vatican functions on a stable basis in accordance with the norms of the Basic Law.
The revised law, released on Saturday, includes several important changes compared to the previous constitutions of 2001 and 1929.
The first and most obvious is that the papal commission, which forms the executive and legislative branches of the Vatican government, will now have lay members. This change is consistent withPreach the gospel, Francis\u2019 2022 Constitution for the Roman Curia, which created the opportunity for lay people to head curial departments and assume other offices and functions previously reserved for clergy.
However, another important change in the new Basic Law for the Vatican points to a broader debate about the ecclesiological understanding of power and governance that began with the proclamationPreach the gospel.
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The previous constitution, passed by Pope St. John Paul II in 2001, explicitly stated that the legislative, executive and judiciary powers were properly exercised by the city-state's administrative committee, which at the time consisted entirely of priests and courts.
But the Basic Law released on Saturday removed any mention of the regular government of "Covlasti".
Instead, the term "government power" is only used in reference to the Pope personally. The papal commission and the courts are to exercise legislative, executive and judicial functions
This may seem like semantics.
However, for decades canons have grappled with the question of who can exercise the leadership of the Church and whether he should be ordained to do so.
This issue came to the fore last March whenPreach the gospelApparently he opened the door to the laity to exercise governmental powers in the universal Church and became Prefect of the Curial Dicasteries.
At a press conference at the Vatican following the announcement, Cardinal Gianfranco Ghirlanda, SJ, a senior canon lawyer who helped draft the document, said lay people cannot run Vatican departments because of the power to govern in the Church the Sacrament of the Holy Orders, but from the canonical mission.\u201D
It was a very sobering moment for canon scholars: the long-controversial idea that lay people could exercise ordinary governmental powers landed at a papal press conference with the impression of papal approval and some new laws to prove it.
The idea has been controversial because in canon law and the sacramental theology of the Church, the exercise of governmental power has long rested on the power of consecration and sacramental consecration, even when the power is exercised vicariously and on behalf of a higher authority.
For this reason, diocesan judicial vicars and vicars general must be priests.
While the laity can participate in the exercise of governmental power, according to the Church, the theoretical limits of their cooperation have been the subject of heated debate among canons for years.
Of course, these questions do not relate to the administration of Vatican City, since the administration of the territory of the Holy See is a civil and not a sacred matter.
For example, lay judges in canonical courts can only work with clergymen, as members of judicial councils, where clergymen must also be present. But in the Vatican, lay people act as judges in their own right, forming lay councils exclusively to hear cases.
Under the old Basic Law, these lay judges held a stable judicial power under the Pope, while the new law establishes that they merely exercise a judicial function, with all the legitimate powers inherent and likely to be exercised by the Pope himself.
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change intoconstitutionis potentially profound, especially as it takes place amid heated debates and unrest over the power of the laity in governance.
It remains unclear, however, whether the change offers a new template for Ghirlanda's school of expanded lay participation in governance, or is instead the beginning of her retreat.
Since the administration of the Vatican concerns civil and not sacral matters, there is no question, from an ecclesiological point of view, whether the pope will decide to give administrative power to the laity, since he is doing so as the temporary administrator of the territories and not as the spiritual head of the sacramental church. .
But the new law effectively deprived the laity of the express regular exercise of governmental powers in Vatican City State. What does that mean?
This may indicate that Francis is now relying on a different set of legal advisers to draft his legislation, and is heavily downplaying the whole idea of clay government in the Church, although he is increasing laity cooperation in the Church's theologically uncomplicated governance of the temporal state.
If so, it may explain why the much-anticipated lay appointments to senior curial departments have largely failed to materialize after inceptionPreach the gospellast year.
On the other hand, the new legal language, according to which the laity assume a leadership function without having the power to govern themselves, could provide a blueprint for the extended exercise of leadership by the laity in the ecclesiastical ministries of the Church.
If this is the case, there is likely to be a similar wording in future canon law in the near future.
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There is a third possible interpretation, which seems the least likely: that the change was made only to emphasize the pope's direct and personal administrative power over the Vatican.
This interpretation seems least likely for two reasons:
First, it would be redundant. The Pope's direct governmental authority over the Vatican is enshrined in international law and is expressly enshrined in Article 1 of both the new and old versions of the Basic Law.
Second, the emphasis would actually be counterproductive and contrary to the current interests of the Holy See.
Although the Vatican's status is firmly enshrined in international law and the credibility of its governing structures has been regularly questioned in recent years in the context of the ongoing Vatican financial crime scandal and trial.
are among the ten defendants indicted in this lengthy and ongoing trial, which is being heard before a panel of Vatican judgesSeveral have lodged complaints against the trial, arguing that it is effectively a papal kangaroo court, where the pope can arbitrarily intervene in the trial and have changed the laws in favor of prosecution.
The same criticism has been leveled even by people otherwise inclined to prosecute the same cases, such as the recently deceased Cardinal George Pell, under his original pseudonym Demos Memo.However, a more comprehensive analysis of Francis' handling of the case may indicate that the pope acted in accordance with the law and respected due process and the right of defense.
In any case, the broader atmosphere of criticism makes it highly unlikely that the drafters of the new constitution saw the absolute emphasis on the immediate and complete exercise of all governmental powers by the pope as a timely or useful guiding principle for their work. In fact, a careful reading of the text suggests the opposite.
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The previous version of the law stated that the judicial power [in the Vatican] is exercised on behalf of the supreme pope by bodies constituted according to the state's statutory judicial system. u201D
The revised Basic Law, on the other hand, provides that the judicial function is exercised in the name of the Pope. However, it also includes the treatment of the previous right of personal papal prerogatives in judicial matters such as pardons and The new law also introduces a new article stating that the impartiality of the judge, the right of defense and the right to freedom of expression of the parties are guaranteed in every procedure
While this principle was certainly seen as effective in the old law, its explicit inclusion in the text suggests that the new constitution was drafted with a particular sensitivity to criticism of the independence of the Vatican judiciary and how the new wording on governance might be interpreted .
While the full meaning of the new law and the underlying legal philosophy it expresses may only be clarified by other future reforms, it currently seems evident that something big has changed, and likely for an important reason.
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Editor's Note: This analysis originally established that the judging panels in diocesan marriage courts must be clergy-majority; This provision was removed from the law by papal motu propriaGentle Judge, Lord Jesus.
The Pillar regrets the error and is pleased that the author had to accept the correction.
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