Pontifical Academy of Sciences

The Holy See

OMBRETTA FUMAGALLI CARULLI

Date of Birth: 5 March 1944

Place: Meda, Milano (Italy)
Nomination: 8 April 2003
Field: Law, Ecclesiastical and Canon Law, Law of the Relations between Church and State, History of Law, Catholic Social Doctrine
Title: Professor

Institute Address:
Università Cattolica del Sacro Cuore, Facoltà di Giurisprudenza, Largo A. Gemelli, 1, 20123 Milano (Italy)

Most important awards, prizes and academies Commendatore al Merito dell'Ordine della Repubblica Italiana; Dama di Gran Croce di Merito Ordine Costantiniano S. Giorgio; "S. Valentino" Prize for the book Giustizia Inquieta, 1991; "Together for Peace" NGO Prize 2001; member of the "De Gasperi e l'Europa" Italian Committee; member of the Italian Union of Catholic Jurists; member of ADEC (Association of Professors of Ecclesiastical Law); member of the councils of several law journals; member of the Pontifical Academy of Social Sciences since 2003.
Summary of scientific research My scientific research has focused on different fields of law. After initial research on Italian penal procedure, I specialised in canon and ecclesiastical law. In canon law my first studies were concerned with marriage and the establishment of new categories of consent and mental incapacity, which were immediately accepted as "probata doctrina" by the Tribunal of the Roman Rota, bringing about several modifications to the new Code of Canon Law (1983). My more recent research has been dedicated to an analysis of canonical discipline as the normative structure of the only contemporary global governance. This analysis has involved four principal subjects: the Church and law; the constitutional structure of the Church; the general principles of marriage; the Church and the world, with a triple analysis of the relations between the Church and States, the presence of the Holy See in the international community, and the role of religious freedom in missionary law. Then I studied the system of canonical marriage's nullities under the profile of the relationship between abstract principles and concrete instances. I did a research also about the right of association and I presented my result at the VIII Simposio Internacional del Instituto Martín de Azpilcueta (4-6 November, 2009). I further deepened the question of the freedom of the Church and in the Church for the Symposium on "The Freedom" organized by the Catholic University of the Sacred Heart and CEDRI (16 March, 2009) on the occasion of the 60th anniversary of the Universal Declaration of Human Rights. In the field of Italian public law, the relationship between civil and religious society in Italy has been analysed with special reference to religious freedom, schools, religious marriage, and ecclesiastical jurisdiction. I specifically analyzed the relationship between State's laïcité and freedom of the Churches with three focus: the dawn and formation of the lay status of the State; the Italian State during the liberal, fascist and democratic Age; religions and religious freedom up against the Europe. Also referring to religious freedom I dedicated some researches between Canon Law and Ecclesiastic Law under four profiles: Doctrine of the Church, International law, violations by the praxis, inter-religious dialogue. I exposed the results at the Professors' Seminar of Pontificia Università della Santa Croce (25 March, 2010). As regards the history of the relationship between Churches and States, my research has focused on the freedom of the Catholic Church during the Medieval Age and under French Absolutism. Other studies have focused on the Italian administration of justice both from the perspective of inquiries into judicial institutions and the Senior Council of Magistrates. Lastly, during my chairmanship of the International Intra-group "Parliamentarians for the Jubilee", special attention was paid to the international debt of poor and under-developed countries, to religious freedom and the dignity of the person, and to ethics and globalisation. Paying attention to the relationship between law and economics, I coordinated a inter-disciplinary research on the Lombardy's ecclesiastic museums, analyzing positive and negative aspects in order to supply a juridical-operative model applicable to other museums. Thanks to my membership to the PASS I further deepened the profiles related to the human dignity in the international arena, considering the role of the Holy See and of NGOs. Main functions Besides my university activities as Law Professor (canon and ecclesiastical law) at the University of Ferrara and the Catholic University of the Sacred Heart of Milan, I have engaged in various activities within the institutions of the Italian Republic. From 1981 to 1986, as a member of the Senior Council of Magistrates, I was chairman of the commission supervising the appointment of leading magistrates and a founding member of the "Anti-Mafia" Committee. Since 1987 I have been a member of the Italian Parliament, first in the Chamber of Deputies and then, since 1996, in the Senate, focusing mainly on justice, "anti-Mafia" legislation, reforms of the penal procedural code, legislation on manufacturing, institutional reforms, defence, and the family and bioethics. In 1992 I became a member of the Italian government and was appointed at first Vice Minister of Posts and Telecommunications; then, in 1994, State Secretary to the Prime Minister at Civil Defence; in 1999 Vice Minister of the Interior and in 2000 Vice Minister of Health. In 1999 I was also elected President of the International Intergroup "Parliamentarians for the Jubilee", made up of MPs representing 100 Parliaments from 5 continents. The Chairman-in-Office of the OSCE appointed me as moderator of the Session 5 of the OSCE Conference on Anti-Semitism and on Other Forms of Intolerance (Cordoba, 8-9 June 2005) devoted to intolerance and discrimination against Christians and members of other religions. Then the OSCE-Office for Democratic Institutions and Human Rights asked me to deliver the keynote speech at the OSCE Supplementary Human Dimension Meeting on Freedom of Religion or Belief (Vienna, 9-10 July, 2009) entitled "The way towards religious freedom: a success of religions, a success of the OSCE, for security and democracy".
Main publications More than 100 works for several scientific series in the fields of canonical marriage, the law on the relations between the Church and State, constitutional canon law, the history of the Church, the legal system of magistrates, Italian penal procedure, Italian constitutional law, family law, Catholic social doctrine, and Italian civil procedure, published in different reviews: Jus canonicum, Iustitia, Il Diritto Ecclesiastico, Studia Canonica, Ephemerides iuris canonici, Archiv für Katholisches Kirchenrecht, Revue de droit canonique, Jus, Rivista internazionale dei diritti dell'uomo, Monitor ecclesiasticus, La rivista del clero italiano, Rivista trimestrale di Diritto Pubblico, La Scuola Cattolica, Rivista di Diritto Civile, Giurisprudenza italiana, Famiglia oggi, Archivio Giuridico Filippo Serafini, Legalità e Giustizia, Rivista trimestrale di Diritto e Procedura civile, Vita e Pensiero. Published books: Intelletto e volontà nel consenso matrimoniale in diritto canonico (Vita e Pensiero, Milan, 1974 and 1981); Il matrimonio canonico dopo il Concilio (Giuffrè, Milan, 1978); I fondamenti religiosi dell'Assolutismo in Bossuet (Giuffrè, Milan, 1975); Società civile e società religiosa di fronte al Concordato, with a theological introduction by E. Corecco and canonical introduction by O. Giacchi (Vita e Pensiero, Milan, 1980); Giustizia inquieta (Rusconi, Milan, 1990); Il Governo universale della Chiesa ed i diritti della persona, with five Lectiones Magistrales by Card. Giovanni Battista Re, Card. Crescenzio Sepe, Card. Mario F. Pompedda, Arch. Jean-Louis Tauran, Arch. Julian Herranz (Vita e Pensiero, Milan, 2003); "A Cesare ciò che è di Cesare, a Dio ciò che è di Dio". Laicità dello Stato e libertà delle Chiese (Vita e Pensiero, Milan, 2006); Il matrimonio canonico tra principi astratti e casi pratici. Con cinque sentenze rotali commentata a cura di Anna Sammassimo (Vita e Pensiero, Milan, 2008); I musei ecclesiastici: organizzazione, gestione, marketing (Vita e Pensiero, 2008). Encyclopaedia entries: "Matrimonio" in Enciclopedia del Diritto, Giuffrè; "Matrimonio religioso" in Novissimo Digesto Italiano, Appendix (Utet, Turin, 1984); "Equità canonica" and "Istruzione Religiosa" in Enciclopedia Giuridica Italiana (Treccani); "Donna nella Chiesa" in Digesto, IV ed. (Utet, Turin, 1992).

The Roman Curia