Why Was the Lateran Treaty Signed
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THE LATERAN TREATY 11Th February, 1929
THE LATERAN TREATY 11th February, 1929 1. CONCILIATION TREATY In the name of the Most Holy Trinity. Whereas the Holy See and Ital have recognised the desirability of eliminating every reason for dissension existing between them and arriving at a final settlement of their reciprocal relations which shall be consistent with justice and with the dignity of both High Contracting Parties. And which by permanently assuring-to the Holy See a position de facto and de jure which shall guarantee absolute independence for the fulfilment of its exalted mission in the world permits the Holy See to consider as finally and irrevocably settled the Roman Question which arose in 1870 by the annexation of Rome to the Kingdom, of Italy, under the Dynasty of the House of Savoy; Whereas it was obligatory, for the purpose of assuring the absolute and visible independence of the Holy See. Likewise to guarantee its indisputable sovereignty in international matters, it has been found necessary to create under special conditions the Vatican City, recognising the full ownership, exclusive and absolute dominion and sovereign jurisdiction of the Holy See over that City; His Holiness the Supreme Pontiff Pius XI and His-Majesty Victor Emmanuel III, King of Italy, have agreed to conclude a Treaty, appointing for that purpose two Plenipotentiaries, being on behalf of His Holiness, His Secretary of State, viz. His Most Reverend Eminence the Lord Cardinal Pietro Gasparri, and on behalf of His Majesty, His Excellency the Cav. Benito Mussolini, Prime Minister and Head of the Government; who, having exchanged their respective full powers, which were found to be in due and proper form, have hereby agreed to the following articles: Article 1 Italy recognizes and reaffirms the principle established in the first Article of the Italian Constitution dated March 4, 1848, according to which the Catholic Apostolic Roman religion is the only State religion. -
The Holy See (Including Vatican City State)
COMMITTEE OF EXPERTS ON THE EVALUATION OF ANTI-MONEY LAUNDERING MEASURES AND THE FINANCING OF TERRORISM (MONEYVAL) MONEYVAL(2012)17 Mutual Evaluation Report Anti-Money Laundering and Combating the Financing of Terrorism THE HOLY SEE (INCLUDING VATICAN CITY STATE) 4 July 2012 The Holy See (including Vatican City State) is evaluated by MONEYVAL pursuant to Resolution CM/Res(2011)5 of the Committee of Ministers of 6 April 2011. This evaluation was conducted by MONEYVAL and the report was adopted as a third round mutual evaluation report at its 39 th Plenary (Strasbourg, 2-6 July 2012). © [2012] Committee of experts on the evaluation of anti-money laundering measures and the financing of terrorism (MONEYVAL). All rights reserved. Reproduction is authorised, provided the source is acknowledged, save where otherwise stated. For any use for commercial purposes, no part of this publication may be translated, reproduced or transmitted, in any form or by any means, electronic (CD-Rom, Internet, etc) or mechanical, including photocopying, recording or any information storage or retrieval system without prior permission in writing from the MONEYVAL Secretariat, Directorate General of Human Rights and Rule of Law, Council of Europe (F-67075 Strasbourg or [email protected] ). 2 TABLE OF CONTENTS I. PREFACE AND SCOPE OF EVALUATION............................................................................................ 5 II. EXECUTIVE SUMMARY....................................................................................................................... -
Poland and the Holy See. Contribution to the Concordatory Law *
Teka Kom. Praw. – OL PAN, 2014, 44 –63 POLAND AND THE HOLY SEE. CONTRIBUTION TO THE CONCORDATORY LAW * Józef Krukowski The University of S. Wyszy ński in Warsaw Faculty of Canon law Summary. The article contains the explication of the very important questions respecting the normalization of relations between the democratic Poland and the Catholic Church using the international agreement between the Holy See and the supreme authority of Polish State, called „concordat”. This event is consi dered in the historical context of political transformations from the communist totalitarian regime to liberal democracy and at the same time from atheistic state based on the hostile separation to the secular one based on the friendly separation. In complains the following issues: 1) notion and classification of concordats, 2) axiological and formal dimension of its conclusion between the Holy See and Poland (1993 –1998), 3) compliance Concordat’s with the Constitution of Poland, 4) the stabilization function of Concordat, 5) financial clauses. Key words: Holy See, Polish State, concordat, Constitution, Church-State relations The historical events are a good opportunity for the taking this subject into account. The last year (2013) twenty anniversary have passed since the signing of the Concordat between the Holy See and the Republic of Poland and fifteen years since its ratification 1. A few days ago we experienced the canonization by the Pope Francis the two of his predecessors: John XXIII and John Paul II, who contributed to the process of the building justice and peace between the nations in modern world, especially the relations between the Church and State in Poland. -
Treaty Between the Holy See and Italy
TREATY BETWEEN THE HOLY SEE AND ITALY IN THE NAME OF THE MOST HOLY TRINITY Whereas: The Holy See and Italy have recognized the desirability of eliminating every existing reason for dissension between them by arriving at a definitive settlement of their reciprocal relations, one which is consistent with justice and with the dignity of the two Parties and which, by assuring to the Holy See in a permanent manner a position in fact and in law which guarantees it absolute independence for the fulfilment of its exalted mission in the world, permits the Holy See to consider as finally and irrevocably settled the “Roman Question”, which arose in 1870 by the annexation of Rome to the Kingdom of Italy under the Dynasty of the House of Savoy; Since, in order to assure the absolute and visible independence of the Holy See, it is required that it be guaranteed an indisputable sovereignty even in the international realm, it has been found necessary to create under special conditions Vatican City, recognizing the full ownership and the exclusive and absolute power and sovereign jurisdiction of the Holy See over the same; His Holiness the Supreme Pontiff Pius XI and His Majesty Victor Emanuel III King of Italy have agreed to conclude a Treaty, appointing for that purpose two Plenipotentiaries, namely, on behalf of His Holiness, His Eminence Cardinal Pietro Gasparri, his Secretary of State, and on behalf of His Majesty, His Excellency Sir Benito Mussolini, Prime Minister and Head of Government; which persons, having exchanged their respective full powers, which were found to be in due and proper form, have agreed upon the following articles: Art. -
A Christian's Pocket Guide to the Papacy.Indd
1 WE HAVE A POPE! HABEMUS PAPAM! THE PAPAL OFFICE THROUGH HIS TITLES AND SYMBOLS ‘Gaudium Magnum: Habemus Papam!’ Th ese famous words introduce a new Pope to the world. Th ey are spoken to the throng that gathers in St. Peter’s Square to celebrate the occasion. Th e Pope is one of the last examples of absolute sovereignty in the modern world and embodies one of history’s oldest institutions. Th e executive, legislative, and juridical powers are all concentrated in the Papal offi ce. Until the Pope dies or resigns, he remains the Pope with all his titles and privileges. Th e only restriction on A CChristian'shristian's PPocketocket GGuideuide ttoo tthehe PPapacy.inddapacy.indd 1 22/9/2015/9/2015 33:55:42:55:42 PPMM 2 | A CHRISTIAN’S POCKET GUIDE TO THE PAPACY his power is that he cannot choose his own successor. In other words, the papacy is not dynastic. Th is task belongs to the College of electing Cardinals, that is, cardinals under eighty years old. Th ey gather to elect a new Pope in the ‘Conclave’ (from the Latin cum clave, i.e. locked up with a key), located in the Sistine Chapel. If the Pope cannot choose his own successor he can, nonetheless, choose those who elect. A good starting point for investigating the signifi cance of the Papacy is the 1994 Catechism of the Catholic Church. It is the most recent and comprehensive account of the Roman Catholic faith. Referring to the offi ce of the Pope, the Catechism notes in paragraph 882 that ‘the Roman Pontiff , by reason of his offi ce as Vicar of Christ, and as pastor of the entire Church has full, supreme, and universal power over the whole Church, a power which he can always exercise unhindered.’3 Th is brief sentence contains an apt summary of what the history and offi ce of the papacy are all about. -
From Investiture to Worms: a Political Economy of European Development and the Rise of Secular Authority∗
From Investiture to Worms: A Political Economy of European Development and the Rise of Secular Authority∗ Bruce Bueno de Mesquitay Ethan Bueno de Mesquitaz July 15, 2018 Abstract The endogenous consequences of competition between the Roman Catholic Church and secular rulers set into motion by the Investiture Controversy contribute new insights into European economic development, the rise of secular political authoriy, and the decline of the Catholic Church's political power. In particular, the resolution of the Investiture Controversy in the Concordat of Worms (1122) resulted in a significant increase in the bargaining power of secular rulers in wealthier polities relative to poorer polities. This created an institutional environment in which the Catholic Church had incentives to limit economic development while secular rulers could expand their political control by promoting development within their domain. Empirical evidence shows that the behavior of popes and of secular rulers changed in ways consistent with these incentives. The evidence indicates that the incentives created at Worms played a central role, starting hundreds of years before the Protestant Reformation, in the rise of secular political authority and its association with economic prosperity. ∗We have benefited from feedback from Scott Ashworth, Chris Berry, Wioletta Dziuda, Mark Fey, Alexan- der Fouirnaies, Anthony Fowler, Rose McDermott, Adam Przeworski, James Robinson, Shanker Satyanath, Alastair Smith, and Thomas Zeitzoff. Sasha Daich, Katie Jagel, Matt Osubor, and Andrew Peterson pro- vided excellent research assistance. yThe Wilf Family Department of Politics, NYU, email: [email protected] zHarris School of Public Policy, University of Chicago, email: [email protected] At least since the seminal work of Weber(1930), discussions of the political and economic development of Europe have sought to understand the linkage between economic prosperity, the rise of secular authority, and the decline of the Catholic Church as a political power. -
Concordats As Instruments for Implementing Freedom of Religion
Universal Rights in a World of Diversity. The Case of Religious Freedom Pontifical Academy of Social Sciences, Acta 17, 2012 www.pass.va/content/dam/scienzesociali/pdf/acta17/acta17-fumagalli.pdf Concordats as Instruments for Implementing Freedom of Religion Ombretta Fumagalli Carulli 1. ‘Historia concordatorum, historia dolorum’? Is this curial adage – with which in the past Concordats were criticized as mutual concessions of privileges between Church and State – still relevant today? Drawing on a question of a prominent member of the Italian Con- stituent Assembly, Giuseppe Dossetti (who was also a canon lawyer): are Concordats a ‘bad deal for the Church’? In order to answer, I would preliminarily clarify that Concordats are in- ternational treaties between two entities, the State and the Catholic Church, both sovereign in their own domain respectively, the temporal and the spir- itual one. They are just tools, in themselves they are neither good nor bad. They become good or bad depending on their contents. It would be interesting to retrace the historical development of Con- cordats in order to detect whether and how they have guaranteed freedom of religion in its three aspects, institutional, collective and individual. We could start with an initial arrangement (basically a concordat) still under emperor Commodus in Roman times, which allows a temporary cessation of persecution against Christians, to find that it guarantees religious freedom as a minimum existential level: the freedom to live as Christians. Or, for a formal agreement to ensure the libertas Ecclesiae, we refer to the Concordat of Worms (1122), which in the Middle Ages ended the Investiture Contro- versy, freeing the Church from the power of the Princes. -
Researching the Legal System of the Vatican City State
Separating State from Church: A Research Guide to the Law of the Vatican City State* Stephen E. Young** and Alison Shea*** Mr. Young and Ms. Shea discuss the unique situation of the Vatican City State in legal research. They provide an overview of the founding documents and the constitutional structure of the world's smallest sovereign nation, a discussion of the complex nature of the Vatican's internationalstatus, and a bibliographic essay covering the materials most likely to be available in law librariesin the United States. 1 The Vatican City State (VCS), an enclave of Rome and a sovereign monarchical- sacerdotal state comprising slightly less than nine hundred individuals, 1 presents a difficult challenge for the legal researcher wishing to separate the affairs of the city state from those of the Catholic Church. The VCS is a distinct legal jurisdiction, but the inexorable intertwining of the Church-in the form of the Holy See2-with the VCS only serves to obfuscate the jurisdictional boundaries that lie between church and city state. 2 This article will explore the resources used in researching the laws of the VCS. The article begins by describing the founding of the city state in 1929 and analyzing the documents that comprise its constitution. This is followed by a description of the sources of law, the branches of government, and the treatment of the VCS in international law. The article concludes with a short bibliographic essay. Although the structure and governance of the Catholic Church are inevitably linked to the VCS through the Holy See, the focus of this article will be on the temporal aspects of the jurisdiction. -
Wielding the Temporal Sword
WIELDING THE TEMPORAL SWORD AN ANALYSIS OF THE CREATION OF VATICAN CITY STATE IN RELATION TO THE CATHOLIC PERSPECTIVE ON STATEHOOD AND CATHOLIC DOCTRINE ON THE RELATION BETWEEN CHURCH AND STATE Master Thesis Political Theory Guido As August 15th 2016 Supervisor: Prof. dr. M.L.J. Wissenburg Abstract The Lateran Treaty of 1929 between Italy and the Roman Catholic Church constitutes the creation of Vatican City State. This thesis gives an account of the negotiations leading up to the signing of the Treaty. The creation of the City State draws our attention to two specific concepts: statehood and the separation of Church and state. The Catholic perspective on these concepts is presented and compared to other dominant theories of the concepts The Catholic perception of statehood in the early 20th century was based on the work of Fr. Taparelli, a Jesuit scholar who was heavily inspired by Thomas Aquinas (1225-1274). The thesis concludes that there is a discrepancy between this theoretical conception of statehood, and the creation of Vatican City State. This can be explained by the fact that obtaining statehood was instrumental to the Holy See’s ambition of becoming sovereign. Catholic doctrine on the relation between Church and state has always rejected the idea of a full separation. Papal teachings have traditionally promoted a differentiation between a spiritual and temporal sphere of power, each supreme in its own domain, but cooperating in harmony. Depending on one´s interpretation, the creation of Vatican City is in line with this doctrine. Key words: Lateran Treaty, Vatican City State, separation of Church and State, statehood, sovereignty 2 Contents Chapter 1. -
Climate Change and the Holy See the Development of Climate Policy Within the Holy See Between 1992 and 2015
Climate Change and the Holy See The development of climate policy within the Holy See between 1992 and 2015 Master thesis MSc International Public Management and Policy By Wietse Wigboldus (418899) 1st Reader: dr. M. Onderco 2nd Reader: dr. K.H. Stapelbroek Word count: 24668 Date: 24-07-2016 2 Table of Contents Summary ....................................................................................................................................................... 5 Abbreviations ................................................................................................................................................ 6 Chapter 1 – Introduction ............................................................................................................................... 7 Introduction to topic ................................................................................................................................. 7 Research question and aim of thesis ......................................................................................................... 8 Relevance .................................................................................................................................................. 9 Chapter 2 – Literature Review ..................................................................................................................... 10 Introduction ............................................................................................................................................. 10 Foreign -
The Holy See and International Law
THE HOLY SEE AND INTERNATIONAL LAW By HORACE F. CUMBO (Doctor of Jurisprudence (Milan)) and of the Middle Temple, London THE problem of the juristic personality of the Catholic Church has been discussed several times, but the present article is written with the twofold object of clarifying certain controversial issues and of bringing the subject up to date. At the outset it is necessary to discuss the principle of the territoriality of the State, as according to one view of this principle the question of the Catholic Church as an international person simply does not arise. Put briefly, the view is that international persons must be independent ' inter se ', but all who find themselves in the territory of any particular State-including the Catholic Church- far from being independent are subjects of the State, so that no Church can be said to be an international person. This view, which has been held for long enough by many lawyers, goes hand-in-hand with a certain view of territorial sovereignty. The matter is com- plicated by the fact that when discussing territorial sovereignty it is natural to discuss at one and the same time two meanings-the purely factual and the legal. Yet these two, although intertwined, are distinct. It is a fact that the State succeeds in affirming its sovereignty within its boundaries. The modern centralised State does not find, wherever its writ runs, anybody capable of resisting its authority. But although this authority remains unchallenged, insurrection or subversive parties within a State are capable of threatening its stability. In France, in the second half of the last century, associations of workers continued to display their power in spite of rigorous measures enacted by the State, and in more recent times there are not wanting proofs that Jellineck's 'irresistible power' of the State can be as strongly opposed as any other power on earth. -
The Holy See
The Holy See LETTER OF HIS HOLINESS POPE FRANCIS TO THE CARDINAL VICAR FOR THE DIOCESE OF ROME FOR THE CULTURAL VALORISATION OF THE LATERAN PALACE To Venerable Brother Cardinal Angelo DE DONATIS, Vicar for the diocese of Rome Throughout the centuries, the Church has always worked to promote the fruit of the genius and mastery of artists, often as a testimony to experiences of faith and as instruments for honouring God. This has been done not only out of love for art, but also to safeguard cultural heritage in the face of challenges and dangers that would deprive it of its function and value. This special responsibility, accompanied by a careful concern to consider places, buildings and works as expressions of the human spirit and an integral part of the culture of humanity, has enabled my Predecessors to hand them down to several generations and to work to preserve them and make them available to visitors and scholars. Today, too, the Bishop of Rome is engaged in this task of rendering available the beauty and meaning of the goods and artistic heritage entrusted to his protection. For these reasons, I also designate for this purpose the buildings annexed to the Papal Basilica of Saint John Lateran, the See of my Episcopal Cathedra, well aware of the nature that the course and events of history attribute to that complex, together with the provisions of the Lateran Treaty (cf. Art. 13 and Annex II, 1). I entrust to Your Eminence, my Vicar for the diocese of Rome, the task of realising, in the complex of what has been known for centuries as the Lateran Patriarchate, museum and cultural activities in the various forms and contents, making the necessary arrangements, “relying entirely on the high artistic traditions of the Catholic Church" (Lateran Treaty, Art.