The Fundamental Law of Vatican City State, promulgated by

Pope John Paul II Pope John Paul II ( la, Ioannes Paulus II; it, Giovanni Paolo II; pl, Jan Paweł II; born Karol Józef Wojtyła ; 18 May 19202 April 2005) was the head of the Catholic Church and sovereign of the Vatican City State from 1978 until his ...

on 26 November 2000, is the main governing document of the

Vatican Vatican may refer to: Vatican City, the city-state ruled by the pope in Rome, including St. Peter's Basilica, Sistine Chapel, Vatican Museum The Holy See * The Holy See, the governing body of the Catholic Church and sovereign entity recognized ...

's civil entities. It obtained the force of law of 22 February 2001, Feast of the

Chair of St. Peter The Chair of Saint Peter ( la, Cathedra Petri), also known as the Throne of Saint Peter, is a relic conserved in St. Peter's Basilica in Vatican City, the sovereign enclave of the Pope inside Rome, Italy. The relic is a wooden throne that tradi ...

, Apostle, and replaced in its entirety law N. I (the Fundamental Law of Vatican City of 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 ''Acta Apostolicae Sedis'' ( Latin for "Acts of the Apostolic See"), often cited as ''AAS'', is the official gazette of the Holy See, appearing about twelve times a year.Oxford Dictionary of the Christian Church (Oxford University Press 2005 ...

. The law consists of 20 Articles.

Introductory paragraph

Article One (powers)

Section One (
absolute monarch Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constituti ...
)

Art. 1 §1 declares that “The

Supreme Pontiff The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...

, Sovereign of

Vatican City State Vatican City (), officially the Vatican City State ( it, Stato della Città del Vaticano; la, Status Civitatis Vaticanae),—' * german: Vatikanstadt, cf. '—' (in Austria: ') * pl, Miasto Watykańskie, cf. '—' * pt, Cidade do Vati ...

, has the fullness of legislative, executive and judicial powers.”

Section Two (Interregnum)

Art. 1 §2 says that during an Interregnum, the same Powers stated in §1 belong to the

College of Cardinals The College of Cardinals, or more formally the Sacred College of Cardinals, is the body of all cardinals of the Catholic Church. its current membership is , of whom are eligible to vote in a conclave to elect a new pope. Cardinals are app ...

but that this College can only issue legislative dispositions in cases of urgency and with efficacy limited to the time of interregnum, unless confirmed by the

Pope The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...

elected according to the norm of

Canon Law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...

(the Ap. Const. Universi Dominici Gregis governs

papal elections A papal conclave is a gathering of the College of Cardinals convened to elect a bishop of Rome, also known as the pope. Catholics consider the pope to be the apostolic successor of Saint Peter and the earthly head of the Catholic Church. Co ...

Ap. Const. Universi Dominici Gregis (Promulgation) and is thus implied by this wording).

Article Two (Secretariat of State)

Art. 2 states that the representation of

in relations with foreign nations and other subjects of

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

, for the purpose of

diplomatic relations Diplomacy comprises spoken or written communication by representatives of states (such as leaders and diplomats) intended to influence events in the international system.Ronald Peter Barston, ''Modern diplomacy'', Pearson Education, 2006, p. 1 ...

and the conclusion of

treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...

, is reserved to the

himself, who exercises this right by means of the Secretariat of State.

Article Three (legislature)

Section One (
Pontifical Commission for Vatican City State The Pontifical Commission for Vatican City State ( la, Pontificia Commissio pro Civitate Vaticana, it, Pontificia Commissione per lo Stato della Città del Vaticano;) is the legislative body of Vatican City. It consists of a president, who als ...
)

Art. 3 §1 decrees that “legislative power, except for those cases which the Supreme Pontiff intends to reserve to himself or to other subjects, is exercised by a Commission” (or the Pontifical Commission for Vatican City State) which is composed of a Cardinal President and other Cardinals, all of which are named by the Supreme Pontiff for a term of five years.

Section Two (absence or impedance of the
President President most commonly refers to: President (corporate title) President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
)

Art. 3 §2 provides for the case of absence or impedance of the President, and decrees that the Commission would be presided over by the first of the Cardinal Members.

Section Three (meetings)

Art. 3 §3 describes who convokes and presides over the meetings of the Commission (the President) and says that “the Secretary General and the Vice Secretary General participate in them with a consultative vote.”

Article Four (drafting laws)

Section One

Art. 4 §1 demands that the Commission exercise its power within the limits of the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

concerning the sources of law, according to the indications to be given in future Articles and its proper Regulations.

Section Two

§2 prescribes that the Commission, in the drawing up of draft laws, makes use of the collaboration of the Councillors of

, of other experts and of the Organizations of the

Holy See The Holy See ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of R ...

and of the

State State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...

which could be affected by them.

Section Three

§3 says “The draft laws are submitted in advance, through the Secretariat of State, for the consideration of the

.”

Article Five (executive power)

Art. 5 §1 gives executive power to the President of the Commission, in conformity with the Fundamental Law and with the other normative dispositions in force at Vatican City State. §2 gives the President the assistance of the Secretary General and the Vice Secretary General in the exercise of Executive power. §3 says that “Questions of greater importance are submitted by the President to the Commission for its study.”

Article Six (important matters)

Art. 6 declares that “Matters of greater importance are dealt with together with the Secretariat of State.”

Article Seven (emergency legislative powers)

Art. 7 §1 gives the President of the Commission the power to issue Ordinances, putting into effect legislative and regulatory norms. §2 gives the power to the President to issue in cases of urgent necessity, dispositions having the force of law, which however lose their force if they are not confirmed by the Commission within ninety days. §3 reserves the power to issue general Regulations to the Commission.

Article Eight

Art. 8 §1 declares that, without prejudice to the primacy of the Supreme Pontiff, and what is established in Art. 2 regarding the Secretariat of State, the President of the Commission represents the State. §2 provides for the President to delegate legal representation to the General Secretary for ordinary administrative activity.

Article Nine

Art. 9 §1 states the responsibilities of the Secretary General: 1. He assists the President of the Commission in his functions. 2. According to the modalities indicated in the Laws of Vatican City State and under the directives of the President of the Commission, he: a) oversees the application of the Laws and of the other normative dispositions and the putting into effect of the decisions and directives of the President of the Commission; b) oversees the administrative activity of the Governorate and coordinates the functions of the various Directorates. §2 gives the Secretary General the right to take the place of the President of the Commission when the President is absent or impeded, except for what is determined in Art. 7, §2.

Article Ten

Art. 10 §1 outlines the powers to the Vice Secretary General: In accord with the Secretary General, he oversees the preparation and drafting of the various proceedings and of the correspondence and carries out the other activities attributed to him. §2 gives the Vice Secretary General the right to take the place of the Secretary General when the Secretary General is absent or impeded.

Article Eleven

Art. 11 §1 explains that in the preparation and the study of accounts and for other affairs of a general order concerning the personnel and activity of the Vatican, the President of the Commission is assisted by the Council of Directors, which he periodically convenes and leads. §2 grants the Secretary General and the Vice Secretary General the right to take part in the Council.

Article Twelve

Art. 12 prescribes that the financial budgets and reports of the Vatican, after their approval by the Commission, are submitted to the Pope through the Secretariat of State.

Article Thirteen

Art. 13 §1 gives The Councillor General and the Councillors of the State, named by the Supreme Pontiff for a five-year term, the responsibility to offer their assistance in the drafting of Laws and in other matters of particular importance. §2 provides for the consultation of the Councillors both individually and collegially. §3 decrees that the Councillor General presides over the meetings of the Councillors and that he also exercises functions of coordination and representation of the State, according to the indications of the President of the Commission.

Article Fourteen

Art. 14 gives the President of the Commission the right, in addition to using the Corps of Vigilance, to request the assistance of the

Pontifical Swiss Guard The Pontifical Swiss Guard (also Papal Swiss Guard or simply Swiss Guard; la, Pontificia Cohors Helvetica; it, Guardia Svizzera Pontificia; german: Päpstliche Schweizergarde; french: Garde suisse pontificale; rm, Guardia svizra papala) is ...

for the purpose of security and policing.

Article Fifteen

Art. 15 §1 asserts that, in the name of the Pope, Judicial power is exercised by the organs constituted according to the judicial structure of Vatican City State. §2 gives the power of regulation of the competence of the individual organs to the Civil Laws of Vatican City State. §3 demands that acts of jurisdiction must be carried out within the territory of the Vatican.

Article Sixteen

Art. 16 gives the Pope the power to defer the instruction and the decision in any civil or penal case and in any stage of the same to a particular subject, even with the faculty of pronouncing a decision according to equity and with the exclusion of any further recourse.

Article Seventeen

Art. 17 §1 gives whoever claims that a proper right or legitimate interest has been damaged by an administrative act the right to propose hierarchical recourse or approach the competent judicial authority. §2 states that “Hierarchical recourse precludes a judicial action in the same matter, unless the Supreme Pontiff authorizes it in the individual case.”

Article Eighteen

Art. 18 §1 gives the Labour Office of the Apostolic See the faculty to hear controversies concerning labour relations between the employees of the State and the Administration, according to its own Statute. §2 gives the Court of Appeal the faculty to hear cases of recourse against disciplinary provisions taken in regard to the employees of the State, according to its own norms.

Article Nineteen

Art. 19 reserves the faculty to grant amnesties, indults, remissions and favours to the Supreme Pontiff.

Article Twenty (flag, coat of arms and seal)

Image:Flag_of_the_Vatican_City.svg, Flag Image:Coat of arms of the Vatican City.svg, Coat of Arms File:Seal of the State of Vatican City.jpg, Seal Art. 20 §1 enumerates the design of the flag of Vatican City State (see

Flag of Vatican City The flag of Vatican City was adopted on 7 June 1929, the year Pope Pius XI signed the Lateran Treaty with Italy, creating a new independent state governed by the Holy See. The Vatican City flag is modeled on the 1808 yellow and white flag of the ...

). §2 describes that the coat of arms is constituted by the tiara and keys (see

Coat of arms of the State of Vatican City The coats of arms of the Holy See and Vatican City in the form that combines two crossed keys and a tiara used as a coat of arms of the Holy See have origins attested from the 14th century."A red shield bearing two white crossed keys, and surmou ...

). §3 asserts that “the seal of the State bears in the centre the tiara with the keys and around it the words ‘Stato della Città del Vaticano,’ according to the model which forms attachment C to the present Law.”

"Given" clause

References

{{Vatican City topics, state=expanded 2000 in law Government of Vatican City Law of Vatican City V