I GENERAL NORMS
Notion of Roman Curia
Art. 1 The Roman Curia is the complex of
dicasteries and institutes which help the Roman Pontiff in the exercise of his
supreme pastoral office for the good and service of the whole Church and of
the particular Churches. It thus strengthens the unity of the faith and the
communion of the people of God and promotes the mission proper to the Church
in the world.
Structure of the Dicasteries
Art. 2 § 1. By the word
"dicasteries" are understood the Secretariat of State,
Congregations, Tribunals, Councils and Offices, namely the Apostolic Camera,
the Administration of the Patrimony of the Apostolic See, and the Prefecture
for the Economic Affairs of the Holy See.
§ 2. The dicasteries are juridically equal among
themselves.
§ 3. Among the institutes of the Roman Curia are the
Prefecture of the Papal Household and the Office for the Liturgical
Celebrations of the Supreme Pontiff.
Art. 3 § 1. Unless they have a different
structure in virtue of their specific nature or some special law, the
dicasteries are composed of the cardinal prefect or the presiding archbishop,
a body of cardinals and of some bishops, assisted by a secretary, consultors,
senior administrators, and a suitable number of officials.
§ 2. According to the specific nature of certain
dicasteries, clerics and other faithful can be added to the body of cardinals
and bishops.
§ 3. Strictly speaking, the members of a congregation
are the cardinals and the bishops.
Art. 4. The prefect or president acts as moderator
of the dicastery, directs it and acts in its name.
The secretary, with the help of the undersecretary, assists
the prefect or president in managing the business of the dicastery as well as
its human resources.
Art. 5 § 1. The prefect or president, the
members of the body mentioned in art. 3, § 1, the secretary, and the other
senior administrators, as well as the consultors, are appointed by the Supreme
Pontiff for a five-year term.
§ 2. Once they have completed seventy-five years of
age, cardinal prefects are asked to submit their resignation to the Roman
Pontiff, who, after considering all factors, will make the decision. Other
moderators and secretaries cease from office, having completed seventy-five
years of age; members, when they have completed eighty years of age; those who
are attached to any dicastery by reason of their office cease to be members
when their office ceases.
Art. 6 On the death of the Supreme Pontiff, all
moderators and members of the dicasteries cease from their office. The
camerlengo of the Roman Church and the major penitentiary are excepted, who
expedite ordinary business and refer to the College of Cardinals those things
which would have been referred to the Supreme Pontiff.
The secretaries see to the ordinary operations of the
dicasteries, taking care of ordinary business only; they need to be confirmed
in office by the Supreme Pontiff within three months of his election.
Art. 7 The members of the body mentioned in art. 3,
§ 1, are taken from among the cardinals living in Rome or outside the city,
to whom are added some bishops, especially diocesan ones, insofar as they have
special expertise in the matters being dealt with; also, depending on the
nature of the dicastery, some clerics and other Christian faithful, with this
proviso that matters requiring the exercise of power of governance be reserved
to those in holy orders.
Art. 8 Consultors also are appointed from among
clerics or other Christian faithful outstanding for their knowledge and
prudence, taking into consideration, as much as possible, the international
character of the Church.
Art. 9 Officials are taken from among the Christian
faithful, clergy or laity, noted for their virtue, prudence, and experience,
and for the necessary knowledge attested by suitable academic degrees, and
selected as far as possible from the various regions of the world, so that the
Curia may express the universal character of the Church. The suitability of
the applicants should be evaluated by test or other appropriate means,
according to the circumstances.
Particular Churches, moderators of institutes of consecrated
life and of societies of apostolic life will not fail to render assistance to
the Apostolic See by allowing their Christian faithful or their members to be
available for service at the Roman Curia.
Art. 10 Each dicastery is to have its own archive
where incoming documents and copies of documents sent out are kept safe and in
good order in a system of "protocol" organized according to modern
methods.
Procedure
Art. 11 § 1. Matters of major importance are
reserved to the general meeting, according to the nature of each dicastery.
§ 2. All members must be called in due time to the
plenary sessions, held as far as possible once a year, to deal with questions
involving general principles, and for other questions which the prefect or
president may have deemed to require treatment. For ordinary sessions it is
sufficient to convoke members who reside in Rome.
§ 3. The secretary participates in all sessions with
the right to vote.
Art. 12 Consultors and those who are equivalent to
them are to make a diligent study of the matter in hand and to present their
considered opinion, usually in writing.
So far as opportunity allows and depending on the nature of
each dicastery, consultors can be called together to examine questions in a
collegial fashion and, as the case may be, present a common position.
For individual cases, others can be called in for
consultation who, although not numbered among the consultors, are qualified by
their special expertise in the matter to be treated.
Art. 13 Depending on their own proper field of
competence, the dicasteries deal with those matters which, because of their
special importance, either by their nature or by law, are reserved to the
Apostolic See and those which exceed the competence of individual bishops and
their groupings, as well as those matters committed to them by the Supreme
Pontiff. The dicasteries study the major problems of the present age, so that
the Churchs pastoral action may be more effectively promoted and suitably
coordinated, with due regard to relations with the particular Churches. The
dicasteries promote initiatives for the good of the universal Church. Finally,
they review matters that the Christian faithful, exercising their own right,
bring to the attention of the Apostolic See.
Art. 14 The competence of dicasteries is defined on
the basis of subject matter, unless otherwise expressly provided for.
Art. 15 Questions are to be dealt with according to
law, be it universal law or the special law of the Roman Curia, and according
to the norms of each dicastery, yet with pastoral means and criteria,
attentive both to justice and the good of the Church and, especially, to the
salvation of souls.
Art. 16 Apart from the official Latin language, it
is acceptable to approach the Roman Curia in any of the languages widely known
today.
For the convenience of the dicasteries, a centre is being
established for translating documents into other languages.
Art. 17 General documents prepared by one dicastery
will be communicated to other interested dicasteries, so that the text may be
improved with any corrections that may be suggested, and, through common
consultation, it may even be proceeded in a coordinated manner to their
implementation.
Art. 18 Decisions of major importance are to be
submitted for the approval of the Supreme Pontiff, except decisions for which
special faculties have been granted to the moderators of the dicasteries as
well as the sentences of the Tribunal of the Roman Rota and the Supreme
Tribunal of the Apostolic Signatura within the limits of their proper
competence.
The dicasteries cannot issue laws or general decrees having
the force of law or derogate from the prescriptions of current universal law,
unless in individual cases and with the specific approval of the Supreme
Pontiff.
It is of the utmost importance that nothing grave and
extraordinary be transacted unless the Supreme Pontiff be previously informed
by the moderators of the dicasteries.
Art. 19 § 1. Hierarchical recourses are
received by whichever dicastery has competence in that subject matter, without
prejudice to art. 21, § 1.
§ 2. Questions, however, which are to be dealt with
judicially are sent to the competent tribunals, without prejudice to
arts. 52-53.
Art. 20 Conflicts of competence arising between
dicasteries are to be submitted to the Supreme Tribunal of the Apostolic
Signatura, unless it pleases the Supreme Pontiff to deal with them otherwise.
Art. 21 § 1. Matters touching the competence
of more than one dicastery are to be examined together by the dicasteries
concerned.
To enable them to exchange advice, a meeting will be called
by the moderator of the dicastery which has begun to deal with the matter,
either on his own initiative or at the request of another dicastery concerned.
However, if the subject matter demands it, it may be referred to a plenary
session of the dicasteries concerned.
The meeting will be chaired by the moderator of the
dicastery who called the meeting or by its secretary, if only the secretaries
are meeting.
§ 2. Where needed, permanent interdicasterial
commissions will be set up to deal with matters requiring mutual and frequent
consultation.
Meetings of Cardinals
Art. 22 By mandate of the Supreme Pontiff, the
cardinals in charge of dicasteries meet together several times a year to
examine more important questions, coordinate their activities, so that they
may be able to exchange information and take counsel.
Art. 23 More serious business of a general
character can be usefully dealt with, if the Supreme Pontiff so decides, by
the cardinals assembled in plenary consistory according to proper law.
Council of Cardinals for the Study of Organizational and Economic
Questions of the Apostolic See
Art. 24 The Council of Cardinals for the Study of
Organizational and Economic Questions of the Apostolic See consists of fifteen
cardinals who head particular Churches from various parts of the world and are
appointed by the Supreme Pontiff for a five-year term of office.
Art. 25 § 1. The Council is convened by the
cardinal secretary of state, usually twice a year, to consider those economic
and organizational questions which relate to the administration of the Holy
See, with the assistance, as needed, of experts in these affairs.
§ 2. The Council also considers the activities of the
special institute which is erected and located within the State of Vatican
City in order to safeguard and administer economic goods placed in its care
with the purpose of supporting works of religion and charity. This institute
is governed by a special law.
Relations with Particular Churches
Art. 26 § 1. Close relations are to be
fostered with particular Churches and groupings of bishops, seeking out their
advice when preparing documents of major importance that have a general
character.
§ 2. As far as possible, documents of a general
character or having a special bearing on their particular Churches should be
communicated to the bishops before they are made public.
§ 3. Questions brought before the dicasteries are to
be diligently examined and, without delay, an answer or, at least, a written
acknowledgement of receipt, insofar as this is necessary, should be sent.
Art. 27 Dicasteries should not omit to consult with
papal legates regarding business affecting the particular Churches where the
legates are serving, nor should they omit to communicate to the legates the
results of their deliberations.
"Ad limina" Visits
Art. 28 In keeping with a venerable tradition and
the prescriptions of law, bishops presiding over particular Churches visit the
tombs of the Apostles at predetermined times and on that occasion present to
the Roman Pontiff a report on the state of their diocese.
Art. 29 These kinds of visits have a special
importance in the life of the Church, marking as they do the summit of the
relationship of the pastors of each particular Church with the Roman Pontiff.
For he meets his brother bishops, and discusses with them matters concerning
the good of the Churches and the bishops role as shepherds, and he confirms
and supports them in faith and charity. This strengthens the bonds of
hierarchical communion and openly manifests the catholicity of the Church and
the unity of the episcopal college.
Art. 30 The ad limina visits also concern
the dicasteries of the Roman Curia. For through these visits a helpful
dialogue between the bishops and the Apostolic See is increased and deepened,
information is shared, advice and timely suggestions are brought forward for
the greater good and progress of the Churches and for the observance of the
common discipline of the Church.
Art. 31 These visits are to be prepared very
carefully and appropriately so that they proceed well and enjoy a successful
outcome in their three principal stages namely, the pilgrimage to the
tombs of the Princes of the Apostles and their veneration, the meeting with
the Supreme Pontiff, and the meetings at the dicasteries of the Roman Curia.
Art. 32 For this purpose, the report on the state
of the diocese should be sent to the Holy See six months before the time set
for the visit. It is to be examined with all diligence by the competent
dicasteries, and their remarks are to be shared with a special committee
convened for this purpose so that a brief synthesis of these may be drawn up
and be readily at hand in the meetings.
Pastoral Character of the Activity of the
Roman Curia
Art. 33 The activity of all who work at the Roman
Curia and the other institutes of the Holy See is a true ecclesial service,
marked with a pastoral character, that all must discharge with a deep sense of
duty as well as in a spirit of service, as it is a sharing in the world-wide
mission of the bishop of Rome.
Art. 34 Each individual dicastery pursues its own
end, yet dicasteries cooperate with one another. Therefore, all who are
working in the Roman Curia are to do so in such a way that their work may come
together and be forged into one. Accordingly, all must always be prepared to
offer their services wherever needed.
Art. 35 Although any work performed within the
institutes of the Holy See is a sharing in the apostolic action, priests are
to apply themselves as best they can to the care of souls, without prejudice
however to their own office.
Central Labour Office
Art. 36 According to its own terms of reference,
the Central Labour Office deals with working conditions within the Roman Curia
and related questions.
Regulations
Art. 37 To this Apostolic Constitution is added an Ordo
servandus or common norms setting forth the ways and means of transacting
business in the Curia itself, without prejudice to the norms of this
Constitution.
Art. 38 Each dicastery is to have its own Ordo
servandus or special norms setting forth the ways and means of transacting
business within it.
The Ordo servandus of each dicastery shall be made
public in the usual manner of the Apostolic See.
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