The Vatican changes its Basic Law. The new Constitution was published on Saturday and will come into effect on June 7. The new text is longer and more articulated than the previous one (24 articles instead of 20) and contains numerous clarifications and novelties. The document confirms the “plenty of governing power” of the Pope, who, as “sovereign” of the CSV (Holy See), holds full legislative, executive, and judicial power, and confirms that “in any civil or criminal case and at any stage thereof, the Sovereign Pontiff may postpone the preliminary investigation and the decision of a certain court”. It also specifies the “singular particularity and autonomy of the Vatican legal system”, distinct from that of the Roman Curia, writes Avennire. The new fundamental law of the Vatican confirms the legislative function of the Pontifical Commission for the Vatican State, until now composed of a presiding cardinal (who is also the president of the Governorate) and other cardinals appointed by the Pope. The novelty consists in the fact that, from now on, in the Commission “other members may be appointed, who may be laymen and women.” For the elaboration of related projects, the Pontifical Commission will collaborate with the Juridical Office of the Governorate, experts, and state advisers. Regarding the latter, a new Constitution provides for the establishment of a special college of state councilors. Previously, the councilors, always appointed by the Pope for a period of five years, were consulted individually, while now there will be a college that will perform (just as the individual members do) executive and advisory functions.

The new constitution specifies that “citizens, residents, and all those who, having different qualities, functions, and responsibilities, perform their permanent service, with an ecclesial spirit, for the State and for the Holy See” belong to the community of the State (Vatican). Another new clarification refers to the stricter and more detailed regulation of the budget and the final balance, which are decided annually by the Pontifical Commission “in accordance with the accounting rules” and related laws. The commission decides on the three-year financial plan by subjecting these documents to the “approval of the Sovereign Pontiff”, without presenting them to the economic bodies of the Vatican. Moreover, the budget “is subject to the control and audit of a Council made up of three members, appointed for a three-year term by the Pontifical Commission, to which it reports its activity”. Also, the old article 6 was abolished, which said that “in matters of greater importance, we proceed by mutual agreement with the State Secretariat”, as well as the provisions of article 18, which stipulated that disputes related to the employment relationship between state employees and the administration should be in charge of the Labor Office of the Apostolic See. A matter that is not mentioned in the new law. Regarding the Governorate, the new Law reaffirms that the Pontiff is the one who “represents the Vatican State in relations with states and with other subjects of international law, in diplomatic relations, and for the conclusion of treaties”, but, unlike the past, it adds that in some cases, the representation is exercised by the President of the Governorate, who participates in the international institutions of which the Holy See is a member “on behalf of the state”. Finally, it is stated that the Governorate continues to ensure security, public order, civil protection, health protection, health care, economic activities, postal philatelic and customs services, connectivity and network infrastructures, constructions, etc., and that from its multiple tasks, it also continues to be part of the preservation, 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 heritage”.

By Sara Colin