IUSTITIA 10 Iustitia IUSTITIAVol. 9, No. 1 (June 2018) Vol.Page: 9, 11 No.0 1 (June 2018) Having dealt with The Roman Pontiff and the Religious Institutes in the Page: 110 first part (see, Iustitia, Vol. 8/2 [2017] pp. 193-216) of her article “The Hierarchical Authorities of the Church and the Religious Institutes” in RELATIONSHIP BETWEEN CHURCH AND STATE, this second part Rosmin discusses Patriarch as the Hierarchical Authority RELATIONSHIP BETWEEN CHURCH AND STATE, of the Institutes of Consecrated Life. This article presents in a systematic CANON LAW AND CIVIL LAW: PROBLEMS AND CANON LAW AND CIVIL LAW: PROBLEMS AND order the various aspects of the relationship of religious institutes and PROSPECTS their members to the patriarch/major archbishop, to the eparchial PROSPECTS bishop and to other local hierarchs, as envisaged in the canons of ∗ CCEO comparing it with the norms of CIC. She concludes by stating, Paul Pallath Paul Pallath∗ “while these canons affirm the rightful autonomy of every religious institute, they also clearly articulate the areas in which hierarchical First of all the author examines the Lateran Pacts between the Holy See Firstand ofthe all Italianthe author State examines which theconstitutes Lateran Pacts the betweenfoundation the Holyfor Seethe authorities can rightfully intervene in the life and mission of these andrelat ionshipthe Italian between State the Catholicwhich constitutes Church and the the Statefoundation even in formodern the institutes. Consequently, by properly understanding and applying relattimes.ionship Then anbetween overview the Catholicof the teaching Church of and Vatican the State II on even the inautonomy modern these canons, religious institutes and hierarchical authorities can build times.and independence Then an overview of the of Church the teaching and civil of Vatican society IIin on their the autonomyrespective strong, effective relationships between themselves.” andfields independence is presented, ofindicating the Church the possibilityand civil society and manner in their of respectiveobserving Thomas Kulandaisamy’s article “Religious Poverty of Persons in fieldscanon islaw presented, in democratic, indicating theocratic, the possibility confessional, and manner secular, of atheistic observing or canon law in democratic, theocratic, confessional, secular, atheistic or Religious Institutes according to CIC and CCEO: A Comparative totalitarian states. After attempting a compendium of the canons on the totalitarian states. After attempting a compendium of the canons on the Approach,” after giving a general view of religious life provided in the theme, the final sections are dedicated to highlight the principles and theme,directives the finalprovided sections by arethe dedicated Codes ofto highlightcanon law the regardingprinciples andthe Codes of Canon Law, treats also the practice of religious poverty by directivesrelationship provided between bycanon the lawCodes and of civilcanon law, law followed regarding by the the individual religious in CIC and CCEO. As normally religious life relationshipexemplification between of three canon particular law themes: and civil marriage, law, temporalfollowed goodsby the of begins in most of the institutes with a temporary profession, the exemplificationthe Church and ofpenal three law. particular themes: marriage, temporal goods of author discusses the theoretical and practical aspects of poverty the Church and penal law. 1. Introduction among the temporarily professed and then that among the perpetually 1. Introduction professed. It is done with a comparative approach evaluating the The Christian faithful, including cardinals, bishops, priests, religious provisions in both CIC and CCEO. As a result of his comparative study Theand Christianlay people, faithful, are at includingthe same carditimenals, members bishops, of priests,the Church religious and of life of poverty in religious institutes and their members the author andcitizens lay ofpeople, a nation. are Hence at the their same life time and activitiesmembers areof regulatedthe Church by andtwo affirms, “most CIC and CCEO norms regulating the vow of poverty are citizensorders, canonicalof a nation. and Hence civil, their deriving life and rights activities and obligations are regulated from by both. two similar. Laws governing the ceding, administration, change in the orders,Hence thecanonical peaceful and life civil, of Christian deriving citizens rights andin any obligations country depends from both. on disposition and renunciation are the same, albeit with appropriate Hencethe harmonious the peaceful and life equilibrated of Christian application citizens in anyof canoncountry law depends and civil on modifications in their respective institutes depending on its nature. the harmonious and equilibrated application of canon law and civil However, the codes differ in minor ways that help to preserve identity ∗ and tradition.” Prof. Paul Pallath holds doctorate in Eastern canon law from the Pontifical ∗Oriental Prof. Paul Institute Pallath in holdsRome do andctorate in Latin in Eastern canon law canon from law the from Pontifical the Pontifical Lateran OrientalUniversity. Institute From in 1995 Rome to and 2011 in Latinhe rendered canon law service from asthe anPontifical official Lateran of the University.Congregation From for Divine1995 to Worship 2011 he and rendered the Discipline service ofas the an Sacraments official of andthe Congregationthen for two years for Divine as an official Worship of theand Tribunal the Discipline of the Roman of the Rota.Sacraments At present and thenhe is for a Relatortwo years of asthe an Congregation official of the Tribunalfor the Causes of the Romanof Saints, Rota. an At associate present heprofessor is a Relator at the of Pontifical the Congregation Oriental Institutefor the Causesin Rome, of Saints,a consultor an associate at the professorCongregati aton the for thePontifical Oriental Oriental Churches, Institute a member in Rome, of the speciala consultor commission at the Congregatifor the Liturgyon for at thethe Orientalsame Congregation Churches, a and member a commissioner of the special at thecommission Tribunal forof the the Roman Liturgy Rota. at the He same has Congregationpublished 22 books and a andcommissioner many articles, at the which Tribunal deal ofwith the canonical Roman Rota. themes He hasor the published history, 22liturgy books and and spiritual many articles, heritage which of the deal St withThomas canonical Christians themes in India. or the history, liturgy and spiritual heritage of the St Thomas ChristiansIustitia: Dharmaram in India. Journal of Canon Law (ISSN: 2348-9789) Iustitia: Dharmaram Journal of Canon Law (ISSN: 2348-9789) 12 Iustitia Pallath: “Relationship between Church and State, Civil ” 13 law in their respective camps. This article is an attempt to shed some Supreme Roman Pontiff and His Majesty the King of Italy on 7 June light on the nature and characteristics of the relationship between 1929.3 canon law and civil law, which in its turn depends on the interaction As the preamble of the Treaty affirms, its scope was to eliminate every between Church and State. existing reason for dissension between the Holy See and Italy “by First of all we consider the Lateran Pacts between the Holy See and the arriving at a definitive settlement of their reciprocal relations, one Italian State which constituted the foundation and paradigm for the which is consistent with justice and with the dignity of the two Parties relationship between Church and State not only in Italy, but also in and which, by assuring to the Holy See in a permanent manner a other countries, enabling the ordering of the religious life of Catholic position in fact and in law which guarantees it absolute independence citizens according to canon law. Then we proceed to a brief review of for the fulfilment of its exalted mission in the world, permits the Holy the teaching of Vatican II on the autonomy and independence of the See to consider as finally and irrevocably settled the ‘Roman Church and civil society, as well as the possibility and manner of Question’, which arose in 1870 by the annexation of Rome to the observing canon law in concordat and non-concordat countries. After Kingdom of Italy under the Dynasty of the House of Savoy”.4 attempting a compendium of the canons on the theme, the final The Lateran Treaty created the State of the Vatican City, guaranteeing sections are dedicated to highlight the principles and directives the full ownership, the exclusive and absolute power and jurisdiction provided by the Codes of canon law regarding the relationship of the Holy See over the said State. Moreover the Holy See obtained between canon law and civil law, followed by the exemplification of the status of an independent and sovereign State with the Roman some particular themes. Pontiff as its head even in the international realm. Articles two and 1. Lateran Treaty as the Bedrock of the Relationship between Church three of the Treaty explicitly establish: and State, Canon and Civil Law Italy recognizes the sovereignty of the Holy See in the international In the second half of the XIX century there were constant attempts to realm as an attribute inherent in its nature in conformity with its curtail the temporal power of popes as rulers of civil territories and to tradition and with the requirements of its mission to the world. confiscate the Papal States. On 20 September 1870 even Rome was Italy recognizes the full ownership