One year after the entry into force of the new Fundamental Law of the Vatican City State

Reform in the reforms

A year has passed since the Basic Law of the Vatican City State came into force: 7 June 2023-7 June 2024. Pope Francis, issued it on 13 May 2023, on the feast of the Blessed Virgin Mary of Fatima. It replaced the one of Saint John Paul II of 26 November 2000 which, in turn, had replaced that issued on 7 June 1929 by Pius XI.

Pope Francis explains in the introduction to the new law the principles that led to its drafting and promulgation: "Called to exercise by virtue of the Petrine munus sovereign powers also over the Vatican City State which, the Lateran Treaty has placed as an instrument to ensure the absolute and visible independence of the Holy See and to guarantee its sovereignty also in the international field, I considered it necessary to issue a new Fundamental Law to respond to the needs of our days".

It draws inspiration, therefore, from the reforms promoted in the pontificate and from the need to open up to a renewed missionary commitment of the whole Church.

As in the 2000 Law, the Pope confirmed "the fullness of the power of government" of the Supreme Pontiff "which includes legislative, executive and judicial power".

The "singular peculiarity and autonomy of the Vatican juridical system" are also reaffirmed. The latter is distinct from that of the Roman Curia. The competence of the State on extra-territorial areas is also confirmed, that is, as the Pope points out in the introduction:  "To the organs of government and to all those who, with different functions of responsibility and animated by a true ecclesial spirit, carry out their service for the State stably, this instrument confers the exercise of every consequent power on the territory defined by the Lateran Treaty, in buildings and areas where State or Holy See institutions operate and personal and functional guarantees and immunities are in force under international law".

The new law adopts a novelty that is not only terminological, but above all substantial and legal. In fact, only the Pontiff is given the term "power"; every other body or organ of the State is given the exercise of "functions": legislative, executive and judicial.

In this sense, the Pontifical Commission for the Vatican City State, referred to in articles 7-14, takes on a new form. It is no longer a Commission exclusively for cardinals, but upon appointment by the Pontiff, members of the People of God of different status and gender can be part of it. It thus becomes a mixed commission, open also to the laity.

The role and nature of the President of the Pontifical Commission - a post reserved to a Cardinal, and in his absence or impediment to the most senior cardinal first for appointment then for age - is established by article 15, where reference is made to the executive function. It is specified that the President of the Pontifical Commission "is the President of the Governorate and exercises the executive function in accordance with laws and other normative provisions". In the number 2 of the same article it is specified that: "The President makes use of the Government, whose organs of government and bodies contribute to the exercise of the executive function of the State, which is exercised in the areas provided for by art. 4". Thus, the President is not only entrusted with the executive function but also with the control and liaison between the Pontifical Commission and the Governorate. In fact, in number 3, it is explained that "The questions of greater importance are submitted by the President, according to their importance, to the Supreme Pontiff or to the examination of the Pontifical Commission". Article 16 establishes a valuable collaboration: "The Secretary-General assists the President in the exercise of his functions". The Law also determines the role of the Deputy Secretary General, who collaborates with the President and the Secretary General, "performs the other functions assigned to him, oversees the preparation and drafting of documents and correspondence. He shall replace the Secretary-General in the event of his absence or inability to act, or by delegation from him", as noted in Article 17.

In article 10, number 3, the Legislator has decided that the authentic interpretation of the laws of the State is reserved to the Pontifical Commission. Another novelty is that introduced in article 12: "The General Counsellor and the Councilors of the State are appointed by the Supreme Pontiff for a period of five years and constitute a College. They carry out advisory functions in the drafting of laws, other regulatory acts and executive functions". The Commission is assisted by the State Councillors, who are appointed in a special College.

As for the Governorate, Pope Francis in the introduction to the Legga stresses that it "with its organizational structure contributes to the mission of the State and is at the service of the Successor of Peter, to whom it responds directly".

Article 6 specifies that the representation of the Vatican City State in relations with States and other subjects of international law, in diplomatic relations and for the conclusion of treaties, are reserved to the Supreme Pontiff, who exercises them through the Secretariat of State. It is, however, pointed out in number 2 that "In other cases the representation is exercised by the President of the Governorate", and in number 3 that the Governorate participates "in international institutions of which the Holy See is a member on behalf of the State". Again at number 4, it "maintains relations and signs, with foreign bodies and agencies, acts necessary to ensure supplies, connections, equipment and public services, having as reference art. 6 of the Lateran Treaty".

The Government, moreover, with its own administrative structure, provides, as a proper and exclusive task, which it exercises in the areas provided for in article 4: "a) security, public order and civil protection; b) protection of health, public health, the environment and ecology; c) economic activities, postal, philatelic and customs services; d) any connectivity infrastructure and network, the building activity, technical, plumbing and electrical installations and their supervision and maintenance; e) the conservation, enhancement and use of the artistic complex of the Vatican Museums, as well as the overseeing of the assets of the entire artistic heritage, historical, archaeological and ethnographic; f) any other function provided for by law or other regulatory provisions".

From the point of view of transparency and fairness in the economic field, the new law provides for a state budget bound to international accounting and planning criteria. In fact, the Commission decides on the three-year financial plan by submitting "these acts directly to the approval of the Supreme Pontiff". The budget must ensure "balance" of revenue and expenditure" and be guided by the "principles of clarity, transparency and fairness" (Article 13). At the same time, the legislator has identified a method of control and verification through a College: "The budget is subject to the control and audit of a College, composed of three members, appointed for three years by the Pontifical Commission, to which it reports (article 14). The Basic Law of 2000 stipulated that the budgets, after approval by the Commission, were submitted to the Pope "through the Secretariat of State".

The new Basic Law, with its 24 articles, thus confers a fundamental physiognomy on the state, establishing its competences and the exercise of its functions. It also incorporates and supplements measures already adopted in previous years and which have entered into force in the state.