Legislative and Executive function

Laws and regulations are issued by the Supreme Pontiff, and on his behalf by the Pontifical Commission of Vatican City State, which also promulgates general regulations. Both are published in a special annex of the Acta Apostolicae Sedis, the Official Bulletin of the Holy See.

The executive function is exercised by the Cardinal President of the Pontifical Commission of Vatican City State, who in this capacity, assumes the title of “President of the Governorate”.

The President of the Governorate cooperates closely with the General Secretary and with the Vice General Secretary.

The Directorates and the Central Offices, which are part of the organizational structure of the Governorate, are subject to the President.

In drafting laws and in other matters of special importance, the Pontifical Commission and the President of the Governorate are assisted by the General Councillor and by the Councillors of the State.

 

The Fundamental law of the Vatican City State of 13 May 2023 defines legislative and executive functions as follows:

“LEGISLATIVE FUNCTION”

ARTICLE 7

The legislative function, except in cases that the Supreme Pontiff intends to reserve to himself, is exercised by the Pontifical Commission of Vatican City State.

 

ARTICLE 8

1.The Pontifical Commission is composed of Cardinals, including the President and other members, appointed by the Supreme Pontiff for a five year term.

  1. When the President is absent or otherwise hindered, the Pontifical Commission is presided over first by the member with seniority of appointment, and then by the eldest.

 

ARTICLE 9

1.The Pontifical Commission exercises the powers attributed to it, in compliance with the laws and other normative provisions.

  1. The meetings of the Pontifical Commission are convened and presided over by the President. The General Secretary and the Vice General Secretary of the Governorate, participate in an advisory capacity. Members of the bodies of the State, of the Institutions of the Roma Curia and other experts may be consulted.
  2. The Pontifical Commission regulates its own functioning with specific regulation.

 

ARTICLE 10

1.The Pontifical Commission approves laws and other normative provisions. In developing projects, it is assisted by the Councillors of the State, by the Legal Office of the Governorate and other experts.

  1. Before promulgation, the laws approved by the Pontifical Commission are submitted to the Supreme Pontiff for consideration.
  2. The authentic interpretation of the laws of the State is reserved to the Pontifical Commission.

4.The Pontifical Commission issues general regulation in matters that are not reserved to the law or for the regulation of matters for which the law refers to regulations, establishing their principles.

 

ARTICLE 11

1.The President of the Pontifical Commissions may issue ordinances, decrees, and other provisions, in implementing legislative or regulatory provisions.

  1. In cases of urgent necessity, the President can issue decrees having the force of law which, however, lose their effectiveness if they are not converted into law by the Pontifical Commission within 90 days of publication.

Article 12

1.The General Councillor and the Councillors of the State are appointed by the Supreme Pontiff for a five-year term and constitute the College. They also carry out advisory functions in drafting laws, other legal provisions and executive functions, on an individual basis.

2.The General Councillor organizes the activities of the College of Councillors of the State and presides over its meetings.

  1. The President of the Governorate may submit the request of an opinion concerning a legal doubt that does not require authentic interpretation, to the College, also at the request of an institution of the Holy See. These opinions can take the form of statements or explanatory notes.

 

ARTICLE 13

1.The budget and final balance are decided annually by the Pontifical Commission, in compliance with accounting rules, with acts having the force of law. The Commission also decides on a three-year financial plan. These are all submitted directly to the Supreme Pontiff for approval.

  1. The budget must ensure a balance of income and expenditure and be inspired by principles of clarity, transparency and correctness.
  2. In case of need, the President can decree transfers of resources between the chapters of the budget, maintaining the balance of payments and taking into account their sustainability over time.

 

ARTICLE 14

The budget is subject to the control and audit of a College, made up of three members, appointed for a three-year term by the Pontifical Commission, to which it reports.

 

EXECUTIVE FUNCTION

Article 15

  1. The President of the Pontifical Commission is the President of the Governorate and exercises the executive function in accordance with the laws and other normative provisions.
  2. The President avails himself of the Governorate, whose governing bodies and organizations contribute to the exercise of the executive function of the State in the areas mentioned in Article 4.
  3. Issues 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

  1. The General Secretary assists the President in the exercise of his functions.
  2. In the event of absence or impediment, he replaces the President, except in the duties of issuing provisions having the force of law and adopting other normative provisions.
  3. The General Secretary represents the State when it is required by laws or regulations or by delegation of the President. He oversees the execution of laws and the adoption of other normative provisions and implements the decisions and directives of the President.

 

ARTICLE 17

The Vice General Secretary cooperates with the President and the General Secretary , performs the other functions attributed to him, supervises the preparation and drafting of deeds and correspondence, and replaces the General Secretary in case of absence or impediment or by delegation of the same.

ARTICLE 18

  1. It is the specific and exclusive competence of the State to ensure the equipment, infrastructure, services and supplies, pursuant to Article 6 of the Lateran Treaty, for its own needs and those of the Holy See.

 

  1. The Governorate is responsible for their acquisition, distribution and their disbursement to the institutions of the State and of the Holy See.

 

ARTICLE 19

  1. The organization and functions of the Governorate are governed by the Law on Government and by regulations adopted by the Pontifical Commission or by its President.
  2. The Governorate, and its administrative structure, has as its own and exclusive task, the provision of the following, as mentioned in Article 4:
  3. a) security, public order and civil protection;
  4. b) the protection of health, healthcare, public hygiene, the environment and ecology;
  5. c) economic activities, postal, philatelic and customs services;
  6. d) any connectivity and network infrastructure, building activity, technical, plumbing, electrical systems and their surveillance and maintenance;
  7. e) the conservation, enhancement and use of the artistic complex of the Vatican Museums, as well as the supervision of the assets of the entire artistic, historical, archaeological and ethnographic patrimony;
  8. f) any other function required by law or by other regulatory provisions.

 

ARTICLE 20

In addition to availing himself of the Gendarmerie Corps for security and police purposes, the President of the Governorate, can request the assistance of the Pontifical Swiss Guard.
Tagged under: state and government state departments