Fundamental Law of Vatican City State (13/05/ 2023)

Called to exercise sovereign powers by virtue of the munus Petrino also over the Vatican City State, which the  Lateran Treaty established as an instrument to ensure the Holy See’s absolute and visible independence and to guarantee its sovereignty also in the international arena, I have deemed it necessary to issue a new Fundamental Law to respond to the needs of our day.

Prepared and formulated to give a constitutive physiognomy to the State, to its powers and to the exercise of the deriving functions, this Law – which succeeds that of 1929 and replaces that of 2000 – assumes and completes the regulatory updates issued up to now and the changed institutional profiles made operational in the State above all with the reform of the Law on the sources of law, the Law on the Government of the State and the Law on the judicial system.

These provisions are entrusted with the task of rendering operational those situations deriving from the international commitments assumed by this Apostolic See also for the State, with the renewed needs that this specific aspect requires.

This Law, the foundation and reference of all other legislation and regulations in the State, confirms the singular peculiarity and autonomy of the Vatican legal system which, distinct from that of the Roman Curia, is characterized by recognizing canon law as the first normative source and irreplaceable interpretative criterion. Thus we want to guarantee the necessary autonomy required by state functions to the acts and activities that belong to the state. The Governorate of the Vatican City State is in charge of this task and contributes with its own organizational structureto the proper mission of the State and is at the service of the Successor of Peter, to whom he responds directly. 

This instrument confers on the governing bodies and on those with various functions of responsibility and animated by a true ecclesial spirit who perform their service for the State on a permanent basis, the exercise of all consequent powers on the territory, defined by the Lateran Treaty, and in the buildings and in the areas where institutions of the State or of the Holy See operate and where personal and functional guarantees and immunities are in force, by virtue of international law.

Consequently, with the fullness of sovereign authority and certain knowledge, I establish and order the following, to be observed as a Fundamental Law of the State:

Title I

General Provisions

Article 1

The Supreme Pontiff, Sovereign of the Vatican City State, has the full power of government, which includes the legislative, executive and judicial powers.

Article 2

1. The Vatican City State ensures the absolute and visible independence of the Holy See for the fulfillment of its lofty mission in the world and guarantees its indisputable sovereignty also in the international arena.

2. The State and its organization are distinct from the Roman Curia and from the other institutions of the Holy See.

3. The functions proper to the state system are exercised by the Governorate of Vatican City State in accordance with the laws and other regulatory provisions.

Article 3

1. During the period of the Vacant See, the College of Cardinals ensures the continuity of the functions of the State and exercises its powers.

2. However, the College can issue legislative provisions only in case of necessity and urgency and with limited effectiveness for the duration of the vacancy, unless they are subsequently confirmed by the Supreme Pontiff.

Article 4

1. The State exercises sovereignty and all consequent power over the territory as established by the Lateran Treaty of 11 February 1929.

2. Its organs likewise exercise the powers attributed to them, as well as on the territory of the State, also in buildings and in areas where institutions of the State or of the Holy See operate, in which the guarantees and immunities provided for by international law are in force.

Article 5

Citizens, residents and all those who, in other capacities and with different functions and responsibilities, permanently carry out their service, in an ecclesial spirit, for the State or for the Holy See, form part of the community of the State.

 Article 6

1. The representation of the Vatican City State in relations with States and with 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.

2. In other cases, representation is exercised by the President of the Governorate.

3. The Governorate participates in international institutions of which the Holy See is a member in the name and on behalf of the State.

4. The Governorate, given the condition of enclave of the State, maintains relations and signs, with foreign bodies and entities, necessary documents to ensure supplies, connections, endowments and public services, with reference to art. 6 of the Lateran Treaty.

Title II

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 for Vatican City State.

Article 8

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

2. In the event of the President’s absence or impediment, the Pontifical Commission is presided over by the first of the Cardinal Members with the most seniority in appointment and then in age.

Article 9

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

2. The meetings of the Pontifical Commission are convened and presided over by the President. The Secretary General and the Deputy Secretary General of the Governorate participate with consultative functions. Members of State bodies, institutions of the Roman Curia or other experts may be consulted.

3. The Pontifical Commission regulates its own functioning with specific regulations.

Article 10

1. The Pontifical Commission approves laws and other normative provisions. For the elaboration of the related projects, it avails itself of the collaboration of the State Councillors, of the Legal Office of the Governorate or ofother experts.

2. Before promulgation, the laws approved by the Pontifical Commission are submitted to the direct consideration of the Supreme Pontiff.

3. The authentic interpretation of the laws of the State is reserved to the Pontifical Commission.

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

Article 11

1. The President of the Pontifical Commission can issue ordinances, decrees and other provisions, in implementation of legislative or regulatory norms.

2. 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 ninety days of their publication.

Article 12

1. The General Councilor and the State Councilors are appointed by the Supreme Pontiff for a five-year term and constitute a College. They perform, even individually, advisory functions in the drafting of laws, other regulatory acts and executive functions.

2. The General Councilor organizes the activities and presides over the meetings of the College of Councilors of the State.

3. The President of the Governorate may submit a request for an opinion to the College, also at the request of an institution of the Holy See, for a legal doubt, such as not to require an authentic interpretation. Such opinions may take the form of statements or explanatory notes.

Article 13

1. The Pontifical Commission, in accordance with the rules of accounting, annually decides, with acts having the force of law, the budget and the final balance; it also approves the three-year financial plan. He submits these acts directly to the approval of the Supreme Pontiff.

2. The budget ensures the balance of income and expenditure and is inspired by the principles of clarity, transparency and correctness.

3. In case of need, the President can order by decree transfers of resources between the chapters of the budget, maintaining the balance of the balances and taking into account their sustainability over time.

Article 14

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

Title III

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, which is exercised in the areas envisaged by art. 4.

3. 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

1. The Secretary General assists the President in the exercise of his functions.

2. In the event of absence or impediment, he replaces the President, except as regards the issuing of provisions having the force of law and the adoption of other normative acts.

3. The Secretary General 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 acts and implements the decisions and directives of the President.

Article 17

The Deputy Secretary General collaborates with the President and the Secretary General, performs the other functions attributed to him, supervises the preparation and drafting of deeds and correspondence. He replaces the Secretary General in case of his 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, with reference to art. 6 of the Lateran Treaty, for his own needs and those of the Holy See.

2. The Governorate sees to their acquisition, distribution and 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 itsPresident.

2. The Governorate, with its own administrative structure, provides, as its own and exclusive task, which it exercises in the areas envisaged in art. 4:

a) security, public order and civil protection;

b) the protection of health, public health, public hygiene, the environment and ecology;

c) economic activities, postal, philatelic and customs services;

d) any connectivity and network infrastructure, building activity, technical, hydraulic, electrical systems and their surveillance and maintenance;

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 heritage;

f) to any other function required by law or by other regulatory provisions.

Article 20

The President of the Governorate, in addition to availing himself of the Corps of the Gendarmerie, for security and police purposes, can request the assistance of the Pontifical Swiss Guard.

Title IV

Judicial function

Article 21

1. The judicial function is exercised, in the name of the Supreme Pontiff, by the bodies constituted according to the judicial system and by the other bodies to which the law confers competence for specific matters.

2. The Supreme Pontiff, in any civil or criminal case and in any state of the same, can defer the preliminary investigation and the decision to a particular instance with the exclusion of any other encumbrance.

3. In applying the law, the judge is inspired by the principle of equity, works for the re-establishment of justice and favors conciliation between the parties. Furthermore, in criminal cases, the judge imposes the sentence according to the rehabilitation of the offender, his reintegration and the restoration of the violated legal order.

4. In every trial, the impartiality of the judge, the right of defense and the right to be heard between the parties are guaranteed.

Article 22

The power to grant amnesty, pardon, amnesty, pardon and to commute sentences is reserved to the Supreme Pontiff.

Title V

Final provisions

Article 23

1. The flag of the Vatican City State is made up of two vertically divided fields, one yellow adhering to the hoist and the other white, and in the latter carries the tiara with the keys, all according to the model forming Annex A of this Law.

2. The coat of arms consists of the tiara with the keys according to the model which forms Annex B of this Law.

3. The seal of the State bears in the center the tiara with the keys and around it the words “Vatican City State” according to the model which forms Annex C of this Law.

Article 24

1. This Fundamental Law of the Vatican City State fully replaces the previous one of November 26, 2000.

2. Likewise, all laws, dispositions, privileges and customs are repealed, even those worthy of special and singular mention, in contrast with the present Law.

3. It enters into force on 7 June 2023.

I command that the original of this law, bearing the seal of the State, be deposited in the Archive of the Laws of the Vatican City State and that the corresponding text be published first in the newspaper L’Osservatore Romano, then in the Supplement to the Acta Apostolicae Sedis, being sent to whoever is responsible for observing it and having it observed.

From the Vatican, May 13, 2023
Feast of the Blessed Virgin Mary of Fatima
XI of Our Pontificate.

FRANCIS