Motu proprio “Mitis Iudex Dominus Iesus” and “Mitis et misericors Iesus”: the Pope reforms the procedures for declaration of marriage nullity

Vatican City, 8 September 2015 (VIS) - “Mitis Iudex Dominus Iesus” and “Mitis et misericors Iesus”, on the reform of canonical processes for the declaration of nullity of marriage, in the Code of Canon Law (CIC) and the Code of Canons of the Eastern Churches (CCEO) are the two letters issued “Motu proprio” by the Holy Father Francis, published today.

In the first, “Mitis Iudex Dominus Iesus”, the Pope writes that the Lord Jesus, “clement Judge, Pastor of our souls, has entrusted to the Apostle Peter and his Successors the power of the keys to fulfil in the Church the works of justice and truth; this supreme and universal power to bind and dissolve here on earth affirms, corroborates and vindicates that of the Pastors of the particular Churches, by virtue of which they have the sacred right and, before the Lord, the duty to judge their own subjects”.

“Throughout the centuries”, he continues, “the Church, in matters of marriage, acquiring a clearer awareness of the Words of Christ, has understood and explained in greater depth the doctrine of the indissolubility of the sacred conjugal bond, has developed the system for the annulment of matrimonial consent, and has more suitably disciplined the relevant judicial process, so that ecclesiastical discipline is more consistent with the truth of the professed faith”.

“All this has always been done with the supreme law of the salvation of souls as a guide. … Aware of the above, I have undertaken to reform the processes for the declaration of nullity of marriage, and for this purpose I have constituted a Group of persons eminent for their competence in legal doctrine, their pastoral prudence and their forensic experience who, under the guidance of the Most Excellent Dean of the Roman Rota, have drafted a plan for reform, without prejudice to the principle of the indissolubility of the marriage bond. … This Group has developed a framework for reform which, after thoughtful consideration with the assistance of other experts, has provided the basis for this 'Motu proprio'”.

“It is therefore the concern for the salvation of souls that, today as yesterday, remains the supreme objective of the institutions and laws, and drives the Bishop of Rome to offer to the Bishops this reform document, insofar as they share with him the task of the Church to protect unity in faith and in discipline regarding marriage, the cornerstone and origin of the Christian family. The drive to reform has been fuelled by the enormous number of faithful who, while wishing to be at peace with their conscience, are too often separated from the legal structures of the Churches due to physical or moral distance; charity and mercy therefore require that the same Church, as a mother, to be closer to her children who consider themselves separated”.

“This direction was also indicated by the votes of the majority of my Brothers in the Episcopate, gathered in the recent extraordinary Synod, who called for faster and more accessible processes. In full harmony with this desire I have decided to introduce, by this Motu proprio, provisions that favour not the nullity of marriage but rather the speed of processes, along with the appropriate simplicity, so that the heart of the faithful who await clarification of their status is not long oppressed by the darkness of doubt due to the lengthy wait for a conclusion”.

“I have done so following in the footsteps of my predecessors, who wanted procedures for the declaration of nullity of marriage to be treated by judicial rather than administrative means, not because the nature of the matter imposes this but because it is demanded by the need to protect to the greatest extent possible the truth of the sacred bond; and this is precisely what is ensured by the guarantees of the judicial order”.

The Pope goes on to indicate a number of fundamental criteria that guide the reform:

“1. A single judgement in favour of executive nullity: it would appear appropriate to no longer require a double conforming decision in favour of the nullity of the marriage to enable the parties to be able to contract a further canonical marriage, instead considering sufficient the moral certainty reached by the first judge in accordance with the rules of law.

2. A single judge under the responsibility of the bishop: the constitution of the single judge, in any case clerical, is in the first instance the responsibility of the bishop, who in the pastoral exercise of his judicial power must ensure that the former does not engage in any form of laxity.

3. The same bishop is the judge: … The bishop in his Church, of which he is constituted pastor and head, is for this reason judge among the faithful entrusted to him. It is hoped, therefore, that in both large and small dioceses the same bishop may offer a sign of the conversion of the ecclesiastical structures, rather than completely delegating the judicial function in matters of marriage to the offices of the curia. This is especially relevant to the shorter procedure, established to resolve the most evident cases of nullity”.

4. Short procedure: Indeed, aside from streamlining processes for the declaration of nullity, a form of shorter process is designated – in addition to the current documentary procedure – to be applied in cases in which the alleged nullity of the marriage is supported by particularly clear arguments”. The Holy Father observes that “it does not pass unnoticed that a shorter procedure may endanger the principle of the indissolubility of marriage; for precisely this reason I have required that in such a procedure the judge be the bishop himself who, due to his pastoral office, is with Peter the greatest guarantor of Catholic unity in faith and in discipline”.

5. Appeal to the Metropolitan See: it would be appropriate to restore the faculty of appeal to the Metropolitan See, since this office of the head of the ecclesiastical province, stable throughout the centuries, is a distinctive sign of the synodality of the Church.

6. The competence of the Episcopal Conferences: the Episcopal Conferences, which must be above all driven by the apostolic eagerness to reach the lost faithful, are strongly aware of their duty to share in the aforementioned conversion, and fully respect the right of the bishops to organise the judicial power in their own particular Churches. … Along with their proximity to the judge, the Episcopal Conferences, to the extent possible, must ensure just and dignified retribution to tribunal staff, ensuring that the processes are free, since the Church, in a matter so closely linked to the salvation of souls, demonstrates the gratuitous love of Christ by which we have all been saved”.

7. Appeal to the Apostolic See: It is convenient, in all forms, to maintain the appeal to the ordinary Tribunal of the Apostolic See, that is the Roman Rota, respecting an ancient judicial principle, so as to strengthen the bond between the See of Peter and the particular Churches, in any case taking care, in the discipline of such appeal, to limit any abuse of the right, so that it does not jeopardise the salvation of souls.

The law of the Roman Rota will be adapted as soon as possible to the rules of the reformed procedure, within the limits of necessity.

In the eighth point the Pope mentioned that, given the specific ecclesial and disciplinary order of the Eastern Churches, the norms for the reform of the discipline of marriage processes have been issued separately in the Code of Canons of the Eastern Churches.

Finally, he decrees and institutes that the Book VI of the Code of Canon Law (part III, title I, chapter I) on processes for the declaration of the nullity of marriage (canons 1671 to 1691) will be entirely substituted by the new norms, with effect from 8 December 2015.

In the Motu proprio “Mitis et misericors Iesus”, addressed to the Eastern Churches, Pope Francis notes that his venerated predecessor, St. John Paul II, in promulgating the Code of Canons of the Eastern Churches, affirmed that “since the beginning of the canonical codification of the Eastern Churches, the same consistent will of the Roman pontiffs to promulgate two codices, one for the Latin Church and one for the Eastern Catholic Churches, has shown very clearly that these latter wish to conserve what has occurred by divine providence in the Church, that is, that reunited by a single Spirit, she must breathe with the two lungs of East and West, and burn with Christ's charity like a single heart composed of two ventricles”.

“Following in the same path, and taking into account the particular ecclesial and disciplinary order of the Eastern Churches, I have decided to issue in a separate Motu proprio the norms for the reform of the discipline of marriage processes in the Code of Canons of the Eastern Churches”.

The Pope goes on to emphasise the importance of the ministry of the bishop, with according to the teachings of the Eastern Fathers, is “judge and physician, since man, wounded and fallen, owing to original sin and his personal sins, sickens and with the medicine of penitence obtains healing and forgiveness from God, and is reconciled with the Church. Indeed, the bishop, constituted by the Holy Spirit as the figure of Christ and in the place of Christ, is first and foremost the minister of divine mercy”.

The Bishop of Rome emphasises that appeal to the Metropolitan See is “a hallmark of the fundamental synodality in the Eastern Churches, which should be supported and encouraged”, and addresses to the Synods of the Eastern Churches the recommendations which in the Motu proprio “Mitis Iudex Dominus Iesus” are addressed to the Episcopal Conferences.

Finally, he decrees and establishes that in Title 26 of the Code of Canons of the Eastern Churches (Chapter 1, article 1). Cases for the declaration of the nullity of marriage, canons 1357-1377) is entirely substituted by the new norms, with effect from 8 December 2015.

Presentation of the Holy Father's Motu proprio on the reform of procedures for declaration of marriage nullity

Vatican City, 8 September 2015 (VIS) – This morning in the Holy Press Office a press conference was held for the presentation of the two letters issued “Motu proprio” by the Holy Father Francis, “Mitis Iudex Dominus Iesus” and “Mitis et misericors Iesus” on the reform of canonical processes for the declaration of nullity of marriage in the Code of Canon Law (CIC) and the Code of Canons of the Oriental Churches (CCEO) respectively.

The speakers at the conference were Msgr. Vito Pinto, dean of the Roman Rota and president of the Special Commission for the Reform of Matrimonial Processes in Canon Law; Cardinal Francesco Coccopalmerio, president of the Pontifical Council for Legislative Texts and member of the Special Commission; Bishop Dimitrios Salachas, apostolic exarch of Athens for Greek Catholics of Byzantine Rite and member of the Special Commission; Archbishop Luis Francisco Ladaria Ferrer, S.J., secretary of the Congregation for the Doctrine of the Faith and member of the Special Commission; Msgr. Alejandro W. Bunge, prelate auditor of the Roman Rota and secretary of the Special Commission; and Fr. Nikolaus Schoch, O.F.M., substitute promoter of Justice at the Supreme Tribunal of the Apostolic Signatura and secretary of the Special Commission.

Cardinal Coccopalmerio specified that the reform regards the canonical process for the declaration of nullity of marriage. “It is a process that leads to the declaration of nullity, or in other words, which leads first to establish whether a marriage may be declared null and, if so, to declare its nullity. It is not, therefore, a process that leads to the annulment of the marriage. Nullity is distinct from annulment, and declaring the nullity of a marriage is entirely different to decreeing its annulment.

Archbishop Luis Francisco Ladaria Ferrer, S.J., recalled the necessary requisites according to canon law for the validation of a marriage between Catholics which, aside from the absence of diriment impediments and the observance of canonical form, including the free consent of the spouses.

“According to the teaching of the Church”, he said, “marriage is one, only a man and a woman may unite in marriage, and it is impossible to undertake a new matrimonial union during the life of the spouse. Marriage is indissoluble, as Jesus taught, and we have many examples of this teaching in the Gospel. The Letter to the Ephesians explains to us that sacramental marriage cannot be broken as it is the image and expression of Christ's love for His Church. … Marriage must be open to the transmission of life”.

“In our traditional civilisation, it was possible to suppose that these teachings of the Church were known and shared. In recent times there has emerged the doubt, that would seem not without basis, as to whether all those who marry in the Church are sufficiently aware of these teachings and, therefore, as to whether their consent truly refers to them. If it is not the case, their marriage would be null; that is, it would not exist in fact. And precisely because there are these doubts, many would like to be able to offer a rapid but reliable means for resolving the problem and contributing to pacifying the conscience of many Catholics”.

The key points of the reform were explained by the prelate auditor of the Roman Rota, Msgr. Bunge: “1) the central role of the diocesan bishop, to be applied in the spirit of collegiality.

As well as the regional, interdiocesan and synodal tribunals, according to the various methods of the Church and taking into account the good of the faithful and the appropriateness of accessibility of pastoral remedies for wounded faithful, the diocesan bishops are enabled to have their own diocesan tribunals, and if necessary, also to decide that in this tribunal, if it impossible to have a collegial tribunal (always chaired by a member of the clergy), there may be a single judge (again clerical).

2) Short procedure (avoiding the terms 'summary' or 'administrative') for clear cases of nullity of marriage, to render it more accessible to the 'masses'. In these cases the judge would be the bishop, assisted in ascertaining the facts by two assessors, with whom he will discuss in advance the moral certainty of the facts adopted in deciding on the nullity of the marriage. If the bishop is convinced of the moral certainty, he will pronounce the decision; otherwise the case will be referred to the ordinary process.

It may be objected that a bishop would be unable to decide a high number of cases, to which there is a dual response: in a region there would be not only the regional and interdiocesan tribunals, but also the bishop in each diocese for cases that are obviously clear; secondly, the bishop would be assisted by the staff of his tribunal. Ongoing formation would ensure that each bishop, with his tribunal for these cases of marriage nullity, would discover the ministry appropriate to him, entrusted to him in his holy ordination, as the judge of his faithful.

3) Appeal would be rare, as there would exist agreement between the parties and there would be evident facts regarding nullity; in the presence of elements that would lead the appeal to be considered merely dilatory or instrumental, it would be rejected a limine.

4) Ordinary process:

- Fast (a maximum of one year)

- Abolition of the double conforming decision (that is, the need according to canon law in the procedures for the declaration of nullity of marriage to have two conforming decisions to enable the spouses to be free to contract a new marriage. This implies that two tribunals of distinct grade declare the nullity of the marriage for the same reasons in fact and in law, Ed.).

- The affirmative non-appellate judgement ipso facto becomes executive.

- If an appeal is sought following an affirmative judgement this can be rejected a limine due to an evident lack of supporting arguments.

This may occur in the case of instrumental appeal, intended to harm the other party; often the non-Catholic appellant has already undertaken a civil remarriage.

There emerges in the reform the situation which is by now the reason why the majority of Catholics seek the declaration of nullity of marriage: 'consulere conscientiae', that is, aside from the civil law aspects, for reasons of conscience (to partake in the sacraments of the Church and to perfect a new bond which, unlike the first, is stable and happy).

5. The speed of the procedure favours the limitation of appeals to the Holy See and therefore to the Roman Rota, or appeals to the Apostolic Signatura to newly present a case previously rejected by the Rota.

In conclusion; the glory of God s living man, and may I add, man saved by the diligent ministry of the justice and mercy of the Church”.

The Pope institutes the Secretariat for Communication

Vatican City, 27 June 2015 (VIS) – The following is the full text of the apostolic letter in the form of a Motu Proprio by which the Holy Father has instituted the Secretariat for Communication:

“The current communications context, characterised by the presence and development of digital media, and by factors of convergence and interactivity, requires a re-evaluation of the information system of the Holy See and commitment to reorganisation that, taking into consideration what has developed historically within the communication structures of the Apostolic See, proceeds decisively towards integration and unified management.

For these reasons, I consider that all those bodies that have until now been occupied in different ways with communication be brought together in a new dicastery of the Roman Curia, which will be entitled Secretariat for Communication. In this way the communication system of the Holy See will be able to respond better to the needs of the Church's mission.

Therefore, after having examined reports and studies, received the feasibility study and heard the unanimous opinion of the Council of Cardinals, I hereby institute the Secretariat for Communication and establish the following.

Art. 1

The following bodies will merge into the dicastery, as presented by the Commission for Vatican Media instituted on 30 April 2015, at the established times: Pontifical Council for Social Communications; Holy See Press Office, Vatican Internet Service; Vatican Radio; Vatican Television Centre; L'Osservatore Romano; Vatican Typography; Photographic Service; Vatican Publishing House.

Art. 2

These bodies, from the date of publication of the present Motu Proprio, will continue to carry out their activities, in accordance, however, with indications given by the Secretariat for Communication.

Art. 3

The new dicastery, in agreement with the Secretariat of State, will take on the institutional web site of the Holy See: www.vatican.va and the Twitter service of the Supreme Pontiff: @pontifex

Art. 4

The Secretariat for Communication will begin its functions on 29 June 2015, and will be based provisionally in Palazzo Pio, Piazza Pia 3, 00120 Vatican City.

I order that all that I have set forth in this Apostolic Letter issued Motu Proprio is to be fully observed, anything to the contrary notwithstanding, albeit deserving of special mention, and I hereby decree that it be promulgated by publication in the daily newspaper L’Osservatore Romano, and subsequently in the Acta Apostolicae Sedis.

Given in Rome, at St. Peter's, on 27 June of the year 2015, third of my Pontificate”.

The Holy Father, following the Apostolic Letter issued Motu Proprio, “The current communications context” of 27 June 2015, by which he instituted the Secretariat for Communication, appointed:

- Msgr. Dario Edoardo Vigano, director of the Vatican Television Centre, as prefect of the Secretariat for Communication;

- Msgr. Lucio Adrian Ruiz, head of the Vatican Internet Service, as secretary;

- Paolo Nusiner, director general of Avvenire, Nuova Editoriale Italiana, as director general; and

- Giacomo Ghisani, head of the Office for International Relations and Legal Affairs of Vatican Radio and member of the managing board of the Vatican Television Centre, as deputy director general.

MOTU PROPRIO ON THE TRANSFER OF COMPETENCES TO THE SECRETARIAT FOR THE ECONOMY

Vatican City, 9 July 2014 (VIS) – The following is the Apostolic Letter issued 'Motu proprio' by the Holy Father Francis on the transfer of the Ordinary Section of the Administration of the Patrimony of the Apostolic See to the Secretariat of the Economy.

“Confirming a centuries-old tradition, the last Vatican Council II reaffirmed the need for the organisation of the Holy See to conform to the needs of the times, above all by adapting the structure of the dicasteries of the Roman Curia, their number, denomination and competence, as well as their approaches and mutual coordination, to the real needs of the Church at every moment.

A concrete result of these principles occurred with the promulgation in February 2014 of the Apostolic letter, in the form of a Motu Proprio, Fidelis Dispensator et Prudens, by which I instituted the Secretariat for the Economy as a dicastery of the Roman Curia. In accordance with the recommendations of the Council for the Economy, the Secretariat is responsible for the economic control and supervision of the dicasteries of the Roman Curia, the Institutions linked to the Holy See, and the administrations of Vatican City State.

In view of the above, and upon consulting the heads of the dicasteries involved, I consider it appropriate for the Secretariat of the Economy to assume among its institutional competences, from now on and in accordance with the methods and times established by the relative Cardinal Prefect, those tasks which were previously attributed to the so-called 'Ordinary Section' of the Administration of the Patrimony of the Apostolic See and, therefore, to transfer to the aforementioned dicastery the competences which the Apostolic Constitution 'Pastor bonus' of 28 June 1988 had entrusted to that Section of the Administration of the Patrimony of the Apostolic See. As a consequence, the Administration of the Patrimony of the Apostolic See will no longer be divided into sections and, in the future, it will carry out only those functions previously performed by the Extraordinary Section.

Consequently, having carefully examined every question regarding the matter and consulting with the competent dicasteries and experts, I establish and decree as follows:

Article 1

The text of Article 172 of the Apostolic Constitution 'Pastor bonus' is entirely substituted by the following text:

1. This Office shall administer the assets belonging to the Holy See allocated to provide the funds necessary for the performance of the functions of the Roman Curia.

2. The Office shall also administer the moveable assets entrusted to other bodies of the Holy See.

Article 2

The text of Article 173 of the Apostolic Constitution 'Pastor bonus' is entirely substituted by the following text:

The office shall be presided over by a Cardinal, assisted by a determined number of Cardinals and a Prelate Secretary.

Article 3

Articles 174 and 175 of the Apostolic Constitution 'Pastor bonus' are hereby repealed.

Article 4

The Prefect of the Secretariat of the Economy shall constitute a technical Commission with the aim of facilitating the transfer of the competences hereto attributed to the Ordinary Section of the Administration of the Patrimony of the Holy See and shall determine, starting from today's date, the methods for resolving pending issues relating to the aforementioned Ordinary Section, up to the complete and effective transfer of competences.

I decree that the measures decided in this Apostolic Letter issued Motu Proprio be observed in their entirety, notwithstanding any provisions to the contrary, even when worthy of special mention, and that it be published in the daily newspaper 'L'Osservatore Romano', entering into force on the day of its promulgation.”

MOTU PROPRIO “FIDELIS ET DISPENSATOR PRUDENS” FOR THE MANAGEMENT OF THE ECONOMIC ASSETS OF THE HOLY SEE

Vatican City, 24 February 2014 (VIS) – We publish below the full text of Pope Francis' Apostolic Letter issued Motu proprio, “Fidelis et dispensator Prudens”, and dated today, 24 February.

“Like a faithful and prudent manager who has the task of carefully looking after what has been entrusted to him, the Church is aware of her responsibility to protect and manage her assets, in the light of her mission of evangelisation and with particular care for those in need. In a special way, the management of the economic and financial sectors of the Holy See is intimately linked to its specific mission, not only in the service of the universal ministry of the Holy Father, but also in relation to the common good, with a view to the full development of the human person.

After having carefully consulted the results of the work of the Commission for Reference on the the Organisation of the Economic-Administrative Structure of the Holy See (cf. Chirograph of 18 July 2013), and after consultation with the Council of Cardinals for the reform of the Apostolic Constitution 'Pastor Bonus' and with the Council of Cardinals for the study of economic and administrative problems of the Holy See, by this Apostolic Letter issued Motu proprio, I adopt the following measures:

COUNCIL FOR THE ECONOMY

1. The Council for the Economy is hereby instituted, with the task of supervising economic management and supervising the structures and the administrative and financial activities of the Dicasteries of the Roman Curia, of the Institutions connected to the Holy See, and of Vatican City State.

2. The Council for the Economy is composed of fifteen members, eight of whom are nominated from among the Cardinals and Bishops in order to reflect the universality of the Church, and seven of whom are lay experts of various nationalities, with recognised professional financial competences.

3. The Council for the Economy shall be presided over by a Cardinal coordinator.

SECRETARIAT FOR THE ECONOMY

4. The Secretariat for the Economy is hereby instituted, as a Dicastery of the Roman Curia in accordance with the Apostolic Constitution 'Pastor Bonus'.

5. Notwithstanding the provisions for the Council for the Economy, the Secretariat will report directly to the Holy Father and will undertake the economic audit and supervision of the Bodies indicated in point 1 above, along with the policies and procedures regarding procurement and the allocation of human resources, respecting the competences of each Body. The competence of the Secretariat will extend to all matters that in any way fall within this area.

6. The Secretariat for the Economy shall be presided over by a Cardinal Prefect, who shall collaborate with the Secretary of State. A Prelate Secretary General will assist the Cardinal Prefect.

AUDITOR GENERAL

7. The Auditor-General shall be appointed by the Holy Father and shall prepare the audit of the accounts of the Bodies referred to in point 1.

THE STATUTES

8. The Cardinal Prefect shall be responsible for drawing up the definitive Statues of the Council for the Economy, the Secretariat for the Economy, and the Office of the Auditor-General. The Statutes shall be presented quam primum for approval by the Holy Father.

I dispose that all that is established herein have immediate, full and permanent value, abrogating any incompatible measures, and that the present Apostolic Letter issued Motu proprio be published in the Osservatore Romano of 24 February 2014 and subsequently in the Acta Apostolicae Sedis.

Given in Rome, St. Peter's, on 24-25 February of the year 2014, the first of my Pontificate.”

NEW COORDINATION STRUCTURE FOR THE ECONOMIC AND ADMINISTRATIVE AFFAIRS OF THE HOLY SEE AND VATICAN CITY STATE

Vatican City, 24 February 2014 (VIS) – The Holy Father has decided to establish a new structure for the coordination of the economic and administrative matters of the Holy See and Vatican City State, according to a communique issued today by the Holy See Press Office, the full text of which is published below:

“The Holy Father today announced a new coordination structure for economic and administrative affairs of the Holy See and the Vatican State.

Today's announcement comes after the recommendations of the rigorous review conducted by the Pontifical Commission for Reference on the Organization of the Economic- Administrative Structure of the Holy See (COSEA) were considered and endorsed by both the Council of 8 Cardinals established to advise the Holy Father on governance and the Committee of 15 Cardinals which oversees the financial affairs of the Holy See.

COSEA recommended changes to simplify and consolidate existing management structures and improve coordination and oversight across the Holy See and Vatican City State. COSEA also recommended more formal commitment to adopting accounting standards and generally accepted financial management and reporting practices as well as enhanced internal controls, transparency and governance.

The changes will enable more formal involvement of senior and experienced experts in financial administration, planning and reporting and will ensure better use of resources, improving the support available for various programs, particularly our works with the poor and marginalized.

The changes announced by the Holy Father include:

1. Establishment of a new Secretariat for the Economy which will have authority over all economic and administrative activities within the Holy See and the Vatican City State. The Secretariat will be responsible, among other things, for preparing an annual budget for the Holy See and Vatican City State as well as financial planning and various support functions such as human resources and procurement. The Secretariat will also be required to prepare detailed financial statements of the Holy See and Vatican State.

2. The Secretariat for the Economy will implement policies determined by a new Council for the Economy - a 15 member Council composed of 8 Cardinals or Bishops, reflecting various parts of the world and seven lay experts of different nationalities with strong professional financial experience. The Council will meet on a regular basis and to consider policies and practices and to prepare and analyse reports on the economic-administrative activities of the Holy See.

3. The Secretariat for the Economy will be headed by a Cardinal Prefect reporting to the Council for the Economy. He will be supported by a Secretary-General in the management of day to day activities.

4. The Holy Father has appointed Cardinal Pell, the current archbishop of Sydney, Australia, to the role of Prefect of the Secretariat for the Economy. Details of Cardinal Pell are attached.

5. New arrangements also include the appointment of an Auditor-General, appointed by the Holy Father who will be empowered to conduct audits of any agency of the Holy See and Vatican City State at any time.

6. The changes will confirm the role of APSA as the central bank of the Vatican with all the obligations and responsibilities of similar institutions around the world.

7. The AIF will continue to undertake its current and critical role of prudential supervision and regulation of activities within the Holy See and Vatican City State.

The Prefect of the new Secretariat for the Economy has been asked to start work as soon as possible. He will prepare the final statutes and other related matters with the assistance of any necessary advisers and will work with COSEA to complete the implementation of these changes approved by the Holy Father.”

NEW COORDINATION STRUCTURE FOR THE ECONOMIC AND ADMINISTRATIVE AFFAIRS OF THE HOLY SEE AND VATICAN CITY STATE

Vatican City, 24 February 2014 (VIS) – The Holy Father has decided to establish a new structure for the coordination of the economic and administrative matters of the Holy See and Vatican City State, according to a communique issued today by the Holy See Press Office, the full text of which is published below:

“The Holy Father today announced a new coordination structure for economic and administrative affairs of the Holy See and the Vatican State.

Today's announcement comes after the recommendations of the rigorous review conducted by the Pontifical Commission for Reference on the Organization of the Economic- Administrative Structure of the Holy See (COSEA) were considered and endorsed by both the Council of 8 Cardinals established to advise the Holy Father on governance and the Committee of 15 Cardinals which oversees the financial affairs of the Holy See.

COSEA recommended changes to simplify and consolidate existing management structures and improve coordination and oversight across the Holy See and Vatican City State. COSEA also recommended more formal commitment to adopting accounting standards and generally accepted financial management and reporting practices as well as enhanced internal controls, transparency and governance.

The changes will enable more formal involvement of senior and experienced experts in financial administration, planning and reporting and will ensure better use of resources, improving the support available for various programs, particularly our works with the poor and marginalized.

The changes announced by the Holy Father include:

1. Establishment of a new Secretariat for the Economy which will have authority over all economic and administrative activities within the Holy See and the Vatican City State. The Secretariat will be responsible, among other things, for preparing an annual budget for the Holy See and Vatican City State as well as financial planning and various support functions such as human resources and procurement. The Secretariat will also be required to prepare detailed financial statements of the Holy See and Vatican State.

2. The Secretariat for the Economy will implement policies determined by a new Council for the Economy - a 15 member Council composed of 8 Cardinals or Bishops, reflecting various parts of the world and seven lay experts of different nationalities with strong professional financial experience. The Council will meet on a regular basis and to consider policies and practices and to prepare and analyse reports on the economic-administrative activities of the Holy See.

3. The Secretariat for the Economy will be headed by a Cardinal Prefect reporting to the Council for the Economy. He will be supported by a Secretary-General in the management of day to day activities.

4. The Holy Father has appointed Cardinal Pell, the current archbishop of Sydney, Australia, to the role of Prefect of the Secretariat for the Economy. Details of Cardinal Pell are attached.

5. New arrangements also include the appointment of an Auditor-General, appointed by the Holy Father who will be empowered to conduct audits of any agency of the Holy See and Vatican City State at any time.

6. The changes will confirm the role of APSA as the central bank of the Vatican with all the obligations and responsibilities of similar institutions around the world.

7. The AIF will continue to undertake its current and critical role of prudential supervision and regulation of activities within the Holy See and Vatican City State.

The Prefect of the new Secretariat for the Economy has been asked to start work as soon as possible. He will prepare the final statutes and other related matters with the assistance of any necessary advisers and will work with COSEA to complete the implementation of these changes approved by the Holy Father.”

POPE FRANCIS' MOTU PROPRIO ON THE F.I.A.

Vatican City, 18 November 2013 (VIS) – The Holy See Press Office has issued the following communique regarding Pope Francis' Motu Proprio on the new Statute of the Financial Information Authority (F.I.A.):

“The Apostolic Letter issued Motu Proprio of 15 November 2013, by which Pope Francis has approved the attached new Statutes of the Financial Intelligence Authority (F.I.A.), is published today. This pontifical document will enter into force on 21 November 2013.

“As is known, with his Motu Proprio of 8 August 2013 and with the Law N. XVIII of 8 October 2013 on norms on transparency, supervision and financial intelligence, Pope Francis had strengthened further the institutional framework of the Holy See and the Vatican City State to prevent and combat potential illicit activities in the financial sector and had accorded to the F.I.A., in addition to the functions that it already had on the basis of the Motu Proprio of Benedict XVI of 30 December 2010, the function of prudential supervision of those entities that carry out financial activities professionally. The present Statutes adapt F.I.A.’s internal structure to the functions it is now called to perform.

“In particular, the Statutes distinguish the role and functions of the President, the Board of Directors and the Directorate, so as to ensure that the F.I.A. may fulfil even more adequately its institutional functions in full autonomy and independence and in a manner consistent with the institutional and legal framework of the Holy See and the Vatican City State. In addition, the new Statutes establish a specific office for prudential supervision, providing it with the necessary professional resources.”

The full text of the Motu Proprio may be consulted in English and Italian at:

http://www.vatican.va/holy_father/francesco/motu_proprio/index_it.htm

MOTU PROPRIO ON THE JURISDICTION OF JUDICIAL AUTHORITIES OF VATICAN CITY STATE IN CRIMINAL MATTERS

Vatican City, 11 July 2013 (VIS) – Pope Francis' apostolic letter issued Motu proprio on the jurisdiction of the judicial authorities of Vatican City State in criminal matters was published this morning. The full text is given below:

“In our times, the common good is increasingly threatened by transnational organized crime, the improper use of the markets and of the economy, as well as by terrorism.

It is therefore necessary for the international community to adopt adequate legal instruments to prevent and counter criminal activities, by promoting international judicial cooperation on criminal matters.

In ratifying numerous international conventions in these areas, and acting also on behalf of Vatican City State, the Holy See has constantly maintained that such agreements are effective means to prevent criminal activities that threaten human dignity, the common good and peace.

With a view to renewing the Apostolic See’s commitment to cooperate to these ends, by means of this Apostolic Letter issued Motu Proprio, I establish that:

1. The competent Judicial Authorities of Vatican City State shall also exercise penal jurisdiction over:

a) crimes committed against the security, the fundamental interests or the patrimony of the Holy See;

b) crimes referred to:

- in Vatican City State Law No. VIII, of 11 July 2013, containing Supplementary Norms on Criminal Law Matters;

- in Vatican City State Law No. IX, of 11 July 2013, containing Amendments to the Criminal Code and the Criminal Procedure Code;

when such crimes are committed by the persons referred to in paragraph 3 below, in the exercise of their functions;

c) any other crime whose prosecution is required by an international agreement ratified by the Holy See, if the perpetrator is physically present in the territory of Vatican City State and has not been extradited.

2. The crimes referred to in paragraph 1 are to be judged pursuant to the criminal law in force in Vatican City State at the time of their commission, without prejudice to the general principles of the legal system on the temporal application of criminal laws.

3. For the purposes of Vatican criminal law, the following persons are deemed 'public officials':

a) members, officials and personnel of the various organs of the Roman Curia and of the Institutions connected to it.

b) papal legates and diplomatic personnel of the Holy See.

c) those persons who serve as representatives, managers or directors, as well as persons who even de facto manage or exercise control over the entities directly dependent on the Holy See and listed in the registry of canonical juridical persons kept by the Governorate of Vatican City State;

d) any other person holding an administrative or judicial mandate in the Holy See, permanent or temporary, paid or unpaid, irrespective of that person’s seniority.

4. The jurisdiction referred to in paragraph 1 comprises also the administrative liability of juridical persons arising from crimes, as regulated by Vatican City State laws.

5. When the same matters are prosecuted in other States, the provisions in force in Vatican City State on concurrent jurisdiction shall apply.

6. The content of article 23 of Law No. CXIX of 21 November 1987, which approves the Judicial Order of Vatican City State remains in force.

This I decide and establish, anything to the contrary notwithstanding.

I establish that this Apostolic Letter issued Motu Proprio will be promulgated by its publication in L’Osservatore Romano, entering into force on 1 September 2013”.

NEW LAWS AIM TO MODERNISE VATICAN LEGAL SYSTEM

Vatican City, 11 July 2013 (VIS) – The Holy See Press Office has today published the following communique regarding Pope Francis' Motu Proprio on matters of criminal law in Vatican City State:

“Today His Holiness Pope Francis has issued a Motu proprio on criminal law matters. On this same date, the Pontifical Commission for Vatican City State has adopted the following laws: Law No. VIII containing Supplementary Norms on Criminal Law Matters, Law No. IX containing Amendments to the Criminal Code and the Criminal Procedure Code, Law No. X containing General Provisions on Administrative Sanctions.

“The Motu proprio makes the criminal laws adopted by the Pontifical Commission for Vatican City State applicable also within the Holy See. The criminal laws adopted today are a continuation of the efforts to update Vatican City State’s legal system, building upon the measures adopted since 2010 during the pontificate of Benedict XVI.

“These laws, however, have a broader scope, since they incorporate into the Vatican legal system the provisions of numerous international conventions including: the four Geneva Conventions of 1949, on the conduct of war and war crimes; the 1965 Convention on the elimination of all forms of racial discrimination; the 1984 Convention against torture and other cruel, inhuman or degrading treatment or punishment, the 1989 Convention on the rights of the child and its optional protocols of 2000.

“Of particular note in this context is the introduction of the crime of torture and a broader definition of the category of crimes against minors (including: the sale of children, child prostitution, the recruitment of children, sexual violence and sexual acts with children, and the production and possession of child pornography).

“A section of the legislation introduces a list of crimes against humanity, in particular, the crimes of genocide and apartheid, following broadly the definitions adopted in the 1998 Statute of the International Criminal Court. The section of the Criminal Code regarding offences committed in the exercise of public administration has also been revised in light of the 2003 United Nations Convention against corruption. With regard to penalties, that of life imprisonment has been abolished and it has been replaced with a maximum penalty of 30 to 35 years of imprisonment.

“In line with the most recent developments at the international level, the new legislation also introduces a system of penalties for juridical persons who profit from the criminal activities of their constituent bodies or personnel, establishing their direct liability and providing as penalties a set of interdictions and pecuniary sanctions.

“In the area of criminal procedure, the general principles of presumption of innocence and due process within a reasonable time have been recognized explicitly, while the power of the judicial authorities to adopt precautionary measures has been increased by bringing up to date the provisions for confiscation and the freezing of assets.

“Also of importance is the modernization of the rather dated norms governing international judicial cooperation, with the adoption of measures in line with the standards of the most recent international conventions.

“The law on administrative sanctions is of a general nature so as to serve as a common framework that provides for the possibility of sanctions in different areas intended to promote respect for the norms, to render them effective and to protect the public interests”.

The communique concludes, “As a whole, these normative efforts form part of broader process aimed at modernizing further the Vatican legal system with a view to enhancing its consistency and effectiveness”.

MOTU PROPRIO: POPE LEAVES EXPEDITION OF CONCLAVE UP TO CARDINALS

Vatican City, 25 February 2013 (VIS) – In an unofficial translation of the Apostolic Letter in the form of a Motu Proprio by Holy Father Benedict XVI and dated 22 February, following are a few amendments concerning the election of the Roman Pontiff.

"With the Apostolic Letter De Aliquibus Mutationibus in Normis de Electione Romani Pontificis, issued Motu Proprio in Rome on 11 June 2007, the third year of my Pontificate, I established certain norms which, by abrogating those laid down in No. 75 of the Apostolic Constitution Universi Dominici Gregis, promulgated on 22 February 1996 by my Predecessor Blessed John Paul II, reinstated the traditional norm whereby a majority vote of two thirds of the Cardinal electors present is always necessary for the valid election of a Roman Pontiff.

Given the importance of ensuring that the entire process of electing the Roman Pontiff is carried out in the best possible way at every level, especially with regard to the sound interpretation and enactment of certain provisions, I hereby establish and decree that several norms of the Apostolic Constitution Universi Dominici Gregis, as well as the changes which I myself introduced in the aforementioned Apostolic Letter, are to be replaced by the following norms:

35. "No Cardinal elector can be excluded from active or passive voice in the election of the Supreme Pontiff, for any reason or pretext, with due regard for the provisions of Nos. 40 and 75 of this Constitution."

37. "I furthermore decree that, from the moment when the Apostolic See is lawfully vacant, fifteen full days must elapse before the Conclave begins, in order to await those who are absent; nonetheless, the College of Cardinals is granted the faculty to move forward the start of the Conclave if it is clear that all the Cardinal electors are present; they can also defer, for serious reasons, the beginning of the election for a few days more. But when a maximum of twenty days have elapsed from the beginning of the vacancy of the See, all the Cardinal electors present are obliged to proceed to the election."

43. "From the time established for the beginning of the electoral process until the public announcement that the election of the Supreme Pontiff has taken place, or in any case until the new Pope so disposes, the rooms of the Domus Sanctae Marthae, and in particular the Sistine Chapel and the areas reserved for liturgical celebrations are to be closed to unauthorized persons, by the authority of the Cardinal Camerlengo and with the outside assistance of the Vice-Camerlengo and of the Substitute of the Secretariat of State, in accordance with the provisions set forth in the following Numbers.

During this period, the entire territory of Vatican City and the ordinary activity of the offices located therein shall be regulated in a way which permits the election of the Supreme Pontiff to be carried out with due privacy and freedom. In particular, provision shall be made, also with the help of Prelate Clerics of the Apostolic Camera, to ensure that no one approaches the Cardinal electors while they make their way from the Domus Sanctae Marthae to the Apostolic Vatican Palace."

46 § 1. "In order to meet the personal and official needs connected with the election process, the following individuals must be available and therefore properly lodged in suitable areas within the confines mentioned in No. 43 of this Constitution: the Secretary of the College of Cardinals, who acts as Secretary of the electoral assembly; the Master of Papal Liturgical Celebrations with eight Masters of Ceremonies and two Religious attached to the Papal Sacristy; and an ecclesiastic chosen by the Cardinal Dean or by the Cardinal taking his place, in order to assist him in his duties."

47. "All the persons listed in Nos. 46 and 55 § 2 of this Constitution who in any way or at any time should come to learn anything from any source, directly or indirectly, regarding the election process, and in particular regarding the voting which took place in the election itself, are obliged to maintain strict secrecy with all persons extraneous to the College of Cardinal electors: accordingly, before the election begins, they shall take an oath in the form and using the formula indicated in the following number."

48. "At a suitable time before the beginning of the election, the persons indicated in Nos. 46 and 55 § 2 of this Constitution, having been duly warned about the meaning and extent of the oath which they are to take, shall, in the presence of the Cardinal Camerlengo or another Cardinal delegated by him, and of two Pronotaries Apostolic de Numero Participantium, swear and sign the oath according to the following formula:

I, N.N., promise and swear that, unless I should receive a special faculty given expressly by the newly-elected Pontiff or by his successors, I will observe absolute and perpetual secrecy with all who are not part of the College of Cardinal electors concerning all matters directly or indirectly related to the ballots cast and their scrutiny for the election of the Supreme Pontiff.

I likewise promise and swear to refrain from using any audio or video equipment capable of recording anything which takes place during the period of the election within Vatican City, and in particular anything which in any way, directly or indirectly, is related to the process of the election itself.

I declare that I take this oath fully aware that an infraction thereof will incur the penalty of automatic (‘latae sententiae’) excommunication reserved to the Apostolic See.

So help me God and these Holy Gospels which I touch with my hand."

49. "When the funeral rites for the deceased Pope have been celebrated according to the prescribed ritual, and everything necessary for the regular functioning of the election has been prepared, on the day appointed in accordance with the provisions of No. 37 of the present Constitution for the opening of the Conclave, all Cardinals shall meet in the Basilica of Saint Peter's in the Vatican, or elsewhere, should circumstances warrant it, in order to take part in a solemn Eucharistic celebration with the Votive Mass Pro Eligendo Papa. This celebration should preferably take place at a suitable hour in the morning, so that in the afternoon the prescriptions of the following Numbers of this Constitution can be carried out."

50. "From the Pauline Chapel of the Apostolic Palace, where they will assemble at a suitable hour in the afternoon, the Cardinal electors, in choir dress, and invoking the assistance of the Holy Spirit with the chant of the Veni Creator, will solemnly process to the Sistine Chapel of the Apostolic Palace, where the election will be held. The Vice-Camerlengo, the Auditor General of the Apostolic Camera and two members of each of the Colleges of Protonotaries Apostolic de Numero Participantium, of Prelate Auditors of the Roman Rota and of Prelate Clerics of the Apostolic Camera will take part in the procession."

51 §2. "It will therefore be the responsibility of the College of Cardinals, operating under the authority and responsibility of the Camerlengo, assisted by the Particular Congregation mentioned in No. 7 of the present Constitution, and with the outside assistance of the Vice-Camerlengo and of the Substitute of the Secretariat of State, to make all prior arrangements for the interior of the Sistine Chapel and adjacent areas to be prepared, so that the orderly election and its privacy will be ensured."

55 § 3. "Should any infraction whatsoever of this norm occur, those responsible should know that they will incur the penalty of automatic (latae sententiae) excommunication reserved to the Apostolic See."

62. "Since the forms of election known as per acclamationem seu inspirationem and per compromissum are abolished, the form of electing the Roman Pontiff shall henceforth be per scrutinium alone.

I therefore decree that for the valid election of the Roman Pontiff at least two thirds of the votes are required, calculated on the basis of the total number of electors present and voting."

64. "The voting process is carried out in three phases. The first phase, which can be called the pre-scrutiny, comprises: 1) the preparation and distribution of the ballot papers by the Masters of Ceremonies – they will have been readmitted in the meantime, together with the Secretary of the College of Cardinals and the Master of Papal Liturgical Celebrations – who give at least two or three to each Cardinal elector; 2) the drawing by lot, from among all the Cardinal electors, of three Scrutineers, of three persons charged with collecting the votes of the sick, called for the sake of brevity Infirmarii, and of three Revisers; this drawing is carried out in public by the junior Cardinal Deacon, who draws out nine names, one after another, of those who shall carry out these tasks; 3) if, in the drawing of lots for the Scrutineers, Infirmarii and Revisers, there should come out the names of Cardinal electors who because of infirmity or other reasons are unable to carry out these tasks, the names of others who are not impeded are to be drawn in their place. The first three drawn will act as Scrutineers, the second three as Infirmarii and the last three as Revisers.

70 § 2. "The Scrutineers add up all the votes that each individual has received, and if no one has obtained at least two thirds of the votes on that ballot, the Pope has not been elected; if however it turns out that someone has obtained at least two thirds of the votes, the canonically valid election of the Roman Pontiff has taken place."

75. "If the balloting mentioned in Nos. 72, 73 and 74 of the aforementioned Constitution does not result in an election, one day shall be dedicated to prayer, reflection and dialogue; in the successive balloting, observing the order established in No. 74 of the same Constitution, only the two names which received the greatest number of votes in the previous scrutiny, will have passive voice. There can be no waiving of the requirement that, in these ballots too, for a valid election to take place there must be a clear majority of at least two thirds of the votes of the Cardinals present and voting. In these ballots the two names having passive voice do not have active voice."

87. "When the election has canonically taken place, the junior Cardinal Deacon summons into the hall of election the Secretary of the College of Cardinals, the Master of Papal Liturgical Celebrations and two Masters of Ceremonies. Then the Cardinal Dean, or the Cardinal who is first in order and seniority, in the name of the whole College of electors, asks the consent of the one elected in the following words: Do you accept your canonical election as Supreme Pontiff? And, as soon as he has received the consent, he asks him: By what name do you wish to be called? Then the Master of Papal Liturgical Celebrations, acting as notary and having as witnesses the two Masters of Ceremonies, draws up a document certifying acceptance by the new Pope and the name taken by him."

"All that I have laid down in this Apostolic Letter issued Motu Proprio I hereby order to be wholly observed, anything to the contrary notwithstanding."

"This document will enter into effect immediately upon its publication in L’Osservatore Romano."

"Given in Rome, at Saint Peter’s, on 22 February in the year 2013, the eighth of my Pontificate."

RESPONSIBILITY FOR SEMINARIES MOVED TO CONGREGATION FOR THE CLERGY

Vatican City, 25 January 2013 (VIS) – 'Ministrorum institutio' is the title of the Motu Proprio by which the Holy Father modifies the Apostolic Constitution 'Pastor bonus', (John Paul II, 1988) and transfers the competency for seminaries from the Congregation for Catholic Education to the Congregation for the Clergy. Following are ample extracts from the document.

"The formation of sacred ministers was one of the main concerns of the Fathers of the Second Vatican Ecumenical Council, who wrote that, 'fully aware that the desired renewal of the whole Church depends to a great extent on the ministry of its priests, [the Council] proclaims the extreme importance of priestly training'. In this context, canon 232 of the Code of Canon Law claims 'the duty and the proper and exclusive right' of the formation of those who are designated for the sacred ministries―that by regulation takes place in seminaries―as belonging to the Church."

"The first body of a universal character entrusted with the foundation, government, and administration of seminaries … was the Congregatio Seminariorum instituted by Benedict XIII in the constitution 'Creditae Nobis' (1725). Over time that organisation became defunct and the seminaries continued to receive the Holy See's particular consideration through the Sacred Congregation of the Council (which today is the Congregation for the Clergy) or also through the Sacred Congregation of Bishops and Regulars and, from 1906, only by means of the latter."

"With the Apostolic Constitution 'Sapienti consilio' (1908), St. Pius X reserved jurisdiction over seminaries to the Sacred Consistorial Congregation. … With the Motu Proprio 'Seminaria clericorum' (1915), Benedict XV … created a new dicastery that took the name 'Sacra Congregatio de Seminariis et Studiorum Universitatibus'. The Holy Father explained his decision as due to concern for the increasing amount of issues and the importance of the office. … The new dicastery ... was adopted by the Code of Canon Law of 1917."

"It is significant to note that, during the drafting of the new Code, there was discussion regarding the possibility of maintaining the same provision but, in the end, it seemed more appropriate to premise the entire norm as an introduction to the part that dealt with the clergy. Thus the rules and directives regarding seminaries were included … under the apt title of 'The Formation of Clerics'. … The Second Vatican Ecumenical Council again recalled that 'major seminaries are necessary for priestly formation' … Therefore, according to the Second Vatican Council and the Code of Canon Law of 1983, seminaries fall under the sphere of the 'formation of clerics' that, to be true and effective, must seal permanent formation with seminary formation …"

"As my venerated predecessor, Blessed John Paul II, affirmed in the Apostolic Exhortation 'Pastores dabo vobis' (1992) … 'It is particularly important to be aware of and to respect the intrinsic link between formation before ordination to the priesthood and formation after ordination. Should there be a break in continuity, or worse a complete difference between these two phases of formation, there would be serious and immediate repercussions on pastoral work and fraternal communion among priests, especially those in different age groups'."

"I find it opportune, therefore, to assign the promotion and governance of everything regarding the formation, the life, and the ministry of priests and deacons to the Congregation for the Clergy: from the pastoral care for vocations and the selection of candidates for Holy Orders―including their personal, spiritual, doctrinal, and pastoral formation in seminaries and special centres for permanent deacons―to their permanent formation―including living conditions and procedures for exercising their ministry and their welfare and social assistance."

PONTIFICAL COUNCIL FOR PROMOTING NEW EVANGELISATION MADE RESPONSIBLE FOR CATECHESIS

Vatican City, 25 January 2013 (VIS) – With the Motu Proprio “Fides per doctrinam” that was signed 16 January and published today, the Holy Father modifies the apostolic constitution "Pastor bonus", transferring responsibility for catechesis from the Congregation for the Clergy to the Pontifical Council for Promoting New Evangelisation. Following are ample extracts from the document.

"Faith," the Pope writes, "needs to be supported by doctrine that is capable of illuminating the minds and hearts of believers. This particular historical moment in which we are living, marked among other things by a dramatic crisis of faith, requires an awareness that is able to respond to the high expectations that arise in the hearts of believers when facing the new questions that challenge the world and the Church. Understanding faith, therefore, always requires that its content be expressed in a new language, one capable of presenting the living hope of believers to those inquiring into its purpose."

"On the fiftieth anniversary of the opening of Vatican Council II, while the Church continues to reflect on the richness of the teaching contained its documents and to find new ways of putting it into practice, it is possible to see the long path travelled over these decades in the area of catechesis. It has been a path, however, that in the years following the Council has not been without mistakes, even serious ones, both in method and in content. All of this has brought about profound reflection and led to the development of post-conciliar documents that represent a new wealth in catechesis."

"The Council's teachings and the subsequent Magisterium, as interpreters of the Church's great tradition in this field, have connected the Catechism ever more closely to the process of evangelisation. The Catechism, therefore, represents a significant step in the daily life of the Church, announcing and communicating the Word of God in a living and effective manner, so that it might reach all and that believers might be trained and educated in Christ to build His body, which is the Church."

"In the Apostolic Letter, formulated as a Motu Proprio, 'Ubicumque et sempter' of 21 September, 2010, I instituted the Pontifical Council for Promoting New Evangelisation to pursue 'its own ends both by encouraging reflection on topics of the new evangelisation, and by identifying and promoting suitable ways and means to accomplish it'. In particular, I wanted to assign the task of promoting 'the use of the Catechism of the Catholic Church as an essential and complete formulation of the content of the faith for the people of our time' to the new dicastery."

"Given all this, I believe it opportune that that dicastery assume as part of its institutional tasks the one of caring for, on behalf of the Roman Pontiff, the relevant instrument of evangelisation that the Catechism, along with catechetical teaching in all its diverse forms, represents for the Church in order to bring about a more organic and effective pastoral outreach. This new pontifical council will be able to provide the local churches and the diocesan bishops an appropriate service in this area."

"Accepting the agreement proposed by the heads of the dicasteries concerned, therefore, I have decided to transfer the competency for catechesis that the Apostolic Constitution 'Pastor bonus' had entrusted to the Congregation for the Clergy on 28 June 1988, to the Pontifical Council for Promoting New Evangelisation, with the same jurisdiction in the matter as previously exercised by the Congregation as required by canon law."

MOTU PROPRIO ON THE SERVICE OF CHARITY

Vatican City,  (VIS) - Given below is Benedict XVI's Apostolic Letter issued "motu proprio" on "The Service of Charity", dated 11 November 2012.

"'The Church's deepest nature is expressed in her three-fold responsibility: of proclaiming the word of God (kerygma-martyria), celebrating the sacraments (leitourgia) and exercising the ministry of charity (diakonia). These duties presuppose each other and are inseparable'.

"The service of charity is also a constitutive element of the Church's mission and an indispensable expression of her very being; all the faithful have the right and duty to devote themselves personally to living the new commandment that Christ left us, and to offering our contemporaries not only material assistance, but also refreshment and care for their souls. The Church is also called as a whole to the exercise of the diakonia of charity, whether in the small communities of particular Churches or on the level of the universal Church. This requires organization 'if it is to be an ordered service to the community', an organization which entails a variety of institutional expressions.

"With regard to this diakonia of charity, in my Encyclical Deus Caritas Est I pointed out that 'in conformity with the episcopal structure of the Church, the Bishops, as successors of the Apostles, are charged with primary responsibility for carrying out in the particular Churches' the service of charity; at the same time, however, I noted that 'the Code of Canon Law, in the canons on the ministry of the Bishop, does not expressly mention charity as a specific sector of episcopal activity'. Although 'the Directory for the Pastoral Ministry of Bishops explored more specifically the duty of charity as a responsibility incumbent upon the whole Church and upon each Bishop in his Diocese', there was still a need to fill the aforementioned lacuna and to give adequate expression in canonical legislation to both the essential nature of the service of charity in the Church and its constitutive relationship with the episcopal ministry, while outlining the legal aspects of this ecclesial service, especially when carried out in an organised way and with the explicit support of the Bishops.

"In view of this, with the present Motu Proprio I intend to provide an organic legislative framework for the better overall ordering of the various organized ecclesial forms of the service of charity, which are closely related to the diaconal nature of the Church and the episcopal ministry.

"It is important, however, to keep in mind that 'practical activity will always be insufficient, unless it visibly expresses a love for man, a love nourished by an encounter with Christ'. In carrying out their charitable activity, therefore, the various Catholic organisations should not limit themselves merely to collecting and distributing funds, but should show special concern for individuals in need and exercise a valuable educational function within the Christian community, helping people to appreciate the importance of sharing, respect and love in the spirit of the Gospel of Christ. The Church's charitable activity at all levels must avoid the risk of becoming just another form of organised social assistance.

"The organised charitable initiatives promoted by the faithful in various places differ widely one from the other, and call for appropriate management. In a particular way, the work of Caritas has expanded at the parish, diocesan, national and international levels. Caritas is an institution promoted by the ecclesiastical Hierarchy which has rightly earned the esteem and trust of the faithful and of many other people around the world for its generous and consistent witness of faith and its concrete ability to respond to the needs of the poor.  In addition to this broad initiative, officially supported by the Church's authority, many other initiatives have arisen in different places from the free enterprise of the faithful, who themselves wish to help in various ways to offer a concrete witness of charity towards those in need. While differing in their origin and juridical status, both are expressions of sensitivity and a desire to respond to the same pressing need.

"The Church as an institution is not extraneous to those organised initiatives which represent a free expression of the concern of the baptised for individuals and peoples in need. The Church's Pastors should always welcome these initiatives as a sign of the sharing of all the faithful in the mission of the Church; they should respect the specific characteristics and administrative autonomy which these initiatives enjoy, in accordance with their nature, as a manifestation of the freedom of the baptised.

"Alongside these, the Church's authority has, on its own initiative, promoted specific agencies which provide institutionally for allocating donations made by the faithful, following suitable legal and administrative methods which allow for a more effective response to concrete needs.

"Nevertheless, to the extent that such activities are promoted by the Hierarchy itself, or are explicitly supported by the authority of the Church's Pastors, there is a need to ensure that they are managed in conformity with the demands of the Church’s teaching and the intentions of the faithful, and that they likewise respect the legitimate norms laid down by civil authorities. In view of these requirements, it became necessary to establish in the Church’s law certain essential norms inspired by the general criteria of canonical discipline, which would make explicit in this sector of activity the legal responsibilities assumed by the various subjects involved, specifying in particular the position of authority and coordination belonging to the diocesan Bishop. At the same time, the norms in question need to be broad enough to embrace the significant diversity of the institutions of Catholic inspiration which are engaged as such in this sector, whether those originating from the Hierarchy or those born of the direct initiative of the faithful, received and encouraged by the local Pastors. While it was necessary to lay down norms in this regard, there was also a need to consider the requirements of justice and the responsibility of Bishops before the faithful, with respect for the legitimate autonomy of each institution.

Dispositive Part

"Consequently, upon the proposal of the Cardinal President of the Pontifical Council Cor Unum, and after consultation with the Pontifical Council for Legislative Texts, I establish and decree the following:

"Art. 1. - § 1. The faithful have the right to join in associations and to establish agencies to carry out specific charitable services, especially on behalf of the poor and suffering.  To the extent that these are linked to the charitable service of the Church's Pastors and/or intend to use for this purpose contributions made by the faithful, they must submit their own Statutes for the approval of the competent ecclesiastical authority and comply with the following norms.
§ 2. Similarly, it is also the right of the faithful to establish foundations to fund concrete charitable initiatives, in accordance with the norms of canons 1303 of the Code of Canon Law (CIC) and 1047 of the Code of Canons of the Eastern Churches (CCEO).  If foundations of this type correspond to the characteristics set forth in § 1, they will also observe, congrua congruis referendo, the provisions of the present law.
§ 3. In addition to observing the canonical legislation, the collective charitable initiatives to which this Motu Proprio refers are required to follow Catholic principles in their activity and they may not accept commitments which could in any way affect the observance of those principles.
§ 4. Agencies and foundations for charitable purposes promoted by Institutes of Consecrated Life and Societies of Apostolic Life are required to comply with these norms, and they must follow the prescriptions of canons 312 § 2 CIC and 575 § 2 CCEO.

"Art. 2. - § 1. The Statutes of each charitable agency referred to in the preceding article must also contain, in addition to its institutional offices and structures of governance in accordance with canon 95 § 1 CIC, the guiding principles and objectives of the initiative, the management of funds, the profile of its workers, as well as the reports and information which must be presented to the competent ecclesiastical authority.
§ 2. A charitable agency may use the name 'Catholic' only with the written consent of the competent authority, as laid down by canon 300 CIC.
§ 3. Agencies promoted by the faithful for charitable purposes can have an Ecclesiastical Assistant appointed in accordance with the Statutes, according to the norm of canons 324 § 2 and 317 CIC.
§ 4. At the same time, the ecclesiastical authority must bear in mind its duty to regulate the exercise of the rights of the faithful in accordance with canons 223 § 2 CIC and 26 § 3 CCEO, and thus to avoid the proliferation of charitable initiatives to the detriment of their activity and effectiveness with regard to their stated goals.

"Art. 3. - § 1. With regard to the preceding articles, it is understood that the competent authority at the respective levels is that indicated by canons 312 CIC and 575 CCEO.
§ 2. For agencies not approved at the national level, even though they operate in different Dioceses, the competent authority is understood to be the diocesan Bishop of the place where the agency has its principal office. In any event, the agency has the duty to inform the Bishops of other Dioceses where it operates and to respect the guidelines for the activities of the various charitable agencies present in those Dioceses.

"Art. 4. § 1. The diocesan Bishop exercises his proper pastoral solicitude for the service of charity in the particular Church entrusted to him as its Pastor, guide and the one primarily responsible for that service.
§ 2. The diocesan Bishop encourages and supports the initiatives and works of service to neighbour in his particular Church, and encourages in the faithful the spirit of practical charity as an expression of the Christian life and sharing in the mission of the Church, as indicated in canons 215 and 222 CIC and 25 and 18 CCEO.
§ 3. It is the responsibility of the diocesan Bishop to ensure that in the activities and management of these agencies the norms of the Church's universal and particular law are respected, as well as the intentions of the faithful who made donations or bequests for these specific purposes.

"Art. 5. - The diocesan Bishop is to ensure that the Church enjoys the right to carry out charitable activities, and he is to take care that the faithful and the institutions under his supervision comply with the legitimate civil legislation in this area.

"Art. 6. – It is the responsibility of the diocesan Bishop, as indicated by canons 394 § 1 CIC and 203 § 1 CCEO, to coordinate within his territory the different works of charitable service, both those promoted by the Hierarchy itself and those arising from initiatives of the faithful, without prejudice to their proper autonomy in accordance with their respective Statutes. In particular, he is to take care that their activities keep alive the spirit of the Gospel.

"Art. 7. - § 1. The agencies referred to in Article 1 § 1 are required to select their personnel from among persons who share, or at least respect, the Catholic identity of these works.
§ 2. To ensure an evangelical witness in the service of charity, the diocesan Bishop is to take care that those who work in the Church's charitable apostolate, along with due professional competence, give an example of Christian life and witness to a formation of heart which testifies to a faith working through charity. To this end, he is also to provide for their theological and pastoral formation, through specific curricula agreed upon by the officers of various agencies and through suitable aids to the spiritual life.

"Art. 8. – Wherever necessary, due to the number and variety of initiatives, the diocesan Bishop is to establish in the Church entrusted to his care an Office to direct and coordinate the service of charity in his name.

"Art. 9. - § 1. The Bishop is to encourage in every parish of his territory the creation of a local Caritas service or a similar body, which will also promote in the whole community educational activities aimed at fostering a spirit of sharing and authentic charity. When appropriate, this service is to be established jointly by various parishes in the same territory.
§ 2. It is the responsibility of the Bishop and the respective parish priest to ensure that together with Caritas, other charitable initiatives can coexist and develop within the parish under the general coordination of the parish priest, taking into account, however, the prescriptions of Article 2 § 4 above.
§ 3. It is the duty of the diocesan Bishop and the respective parish priests to see that in this area the faithful are not led into error or misunderstanding; hence they are to prevent publicity being given through parish or diocesan structures to initiatives which, while presenting themselves as charitable, propose choices or methods at odds with the Church's teaching.

"Art. 10. - § 1. It is the responsibility of the Bishop to supervise the ecclesiastical goods of the charitable agencies subject to his authority.
§ 2. It is the duty of the diocesan Bishop to ensure that the proceeds of collections made in accordance with canons 1265 and 1266 CIC and canons 1014 and 1015 CCEO are used for their stated purposes.
§ 3. In particular, the diocesan Bishop is to ensure that charitable agencies dependent upon him do not receive financial support from groups or institutions that pursue ends contrary to Church's teaching. Similarly, lest scandal be given to the faithful, the diocesan Bishop is to ensure that these charitable agencies do not accept contributions for initiatives whose ends, or the means used to pursue them, are not in conformity with the Church's teaching.
§ 4. In a particular way, the Bishop is to see that the management of initiatives dependent on him offers a testimony of Christian simplicity of life.  To this end, he will ensure that salaries and operational expenses, while respecting the demands of justice and a necessary level of professionalism, are in due proportion to analogous expenses of his diocesan Curia.
§ 5. To permit the ecclesiastical authority mentioned in Article 3 § 1 to exercise its duty of supervision, the agencies mentioned in Article 1 § 1, are required to submit to the competent Ordinary an annual financial report in a way which he himself will indicate.

"Art. 11. – The diocesan Bishop is obliged, if necessary, to make known to the faithful the fact that the activity of a particular charitable agency is no longer being carried out in conformity with the Church’s teaching, and then to prohibit that agency from using the name 'Catholic' and to take the necessary measures should personal responsibilities emerge.

"Art. 12. - § 1. The diocesan Bishop is to encourage the national and international activity of the charitable agencies under his care, especially cooperation with poorer ecclesiastical circumscriptions by analogy with the prescriptions of canons 1274 § 3 CIC and 1021 § 3 CCEO.
§ 2. Pastoral concern for charitable works, depending on circumstances of time and place, can be carried out jointly by various neighbouring Bishops with regard to a number of Churches, in accordance with the norm of law. When such joint activity is international in character, the competent Dicastery of the Holy See is to be consulted in advance. For charitable initiatives on the national level, it is fitting that the Bishop consult the respective office of the Bishops’ Conference.

"Art. 13. – The local ecclesiastical authority retains the full right to give permission for initiatives undertaken by Catholic agencies in areas of his jurisdiction, with due respect for canonical norms and the specific identity of the individual agencies. It is also the duty of the Bishop to ensure that the activities carried out in his Diocese are conducted in conformity with ecclesiastical discipline, either prohibiting them or adopting any measures needed in cases where that discipline is not respected.

"Art. 14. – Where appropriate, the Bishop is to promote charitable initiatives in cooperation with other Churches or Ecclesial Communities, respecting the proper identity of each.

"Art. 15. - § 1. The Pontifical Council Cor Unum has the task of promoting the application of this legislation and ensuring that it is applied at all levels, without prejudice to the competence of the Pontifical Council for the Laity with regard to associations of the faithful as provided for in Article 133 of the Apostolic Constitution Pastor Bonus, the competence of the Secretariat of State’s Section for Relations with States, and the general competences of other Dicasteries and Institutes of the Roman Curia. In particular, the Pontifical Council Cor Unum is to take care that the charitable service of Catholic institutions at the international level is always to be carried out in communion with the various local Churches.
§ 2. The Pontifical Council Cor Unum is also competent for the canonical establishment of charitable agencies at the international level; it thus takes on the responsibilities of discipline and promotion entailed by law.

"I order that everything I have laid down in this Apostolic Letter issued Motu Proprio be fully observed, notwithstanding anything to the contrary, even if worthy of particular mention, and I decree that it be promulgated by publication in the daily newspaper L’Osservatore Romano and enter into force on 10 December 2012".