N. 200.257 CARITAS INTERNATIONALIS GENERAL DECREE
Cardinal Tarcisio Bertone, Secretary of State of His Holiness,
- having seen the Chirograph Durante l’Ultima Cena of 16 September 2004, by which Blessed John Paul II granted public canonical juridical personality to Caritas Internationalis in accordance with canons 116-123 of the Code of Canon Law;
- bearing in mind that the said pontifical document recognizes that Caritas Internationalis, in terms of its nature and origin, is closely associated with the Church’s Pastors, particularly with the Successor of Peter, and that the source of inspiration for its activity must be the Gospel and the Church’s tradition (cf. Chirograph, Durante l’Ultima Cena, 2);
- in view of the Magisterial guidelines regarding the Church’s charitable activity offered by Pope Benedict XVI in the Encyclical Letter Deus Caritas Est, as well as the specific indications contained in the Holy Father’s Address to the participants at the General Assembly of Caritas Internationalis on 27 May 2011;
- having noted the need to enact norms to complement the Chirograph Durante l’Ultima Cena, so as to interpret its provisions and bring all aspects of the activity of Caritas Internationalis into conformity with the special bond between it and the Apostolic See and with its status as a public canonical juridical person (cf. Chirograph, Durante l’Ultima Cena, 3);
- given, finally, that in the Audience granted to the Cardinal Secretary of State on 17 January 2011, Pope Benedict XVI delegated to him “the powers needed to treat and resolve in his name, from 18 January 2011 onwards, each and every one of the questions regarding the public canonical juridical personality, the direction and the operation of the public canonical juridical person Caritas Internationalis, issuing such norms as may prove necessary” (AAS CIII [2011] 127);
decrees as follows:
Art. 1. §1. The Pontifical Council Cor Unum is the competent Dicastery for Caritas Internationalis regarding the entire range of its institutional activity, in connection with its observance of the present Decree and of its proper legislation as a public canonical juridical person, and in connection with the requisite monitoring and vigilance, without prejudice to what is established in the following articles.
§2. Any text issued by Caritas Internationalis with doctrinal or moral content or character must always be submitted for the prior approval of the Pontifical Council Cor Unum, without prejudice to the general competences of the Congregation for the Doctrine of the Faith.
§3. The representatives or delegates of the Pontifical Council Cor Unum participate with speaking rights at the meetings of the governing bodies of Caritas Internationalis, at those of the Support Commission referred to in Art. 6.5° below, at the regional meetings of Member Organizations and at meetings for coordination of activities promoted by Caritas Internationalis.
§4. The Pontifical Council Cor Unum, after due consultation, especially with the President of Caritas Internationalis, appoints an Ecclesiastical Assistant for a period of time to be established in the Statutes. The Ecclesiastical Assistant participates by right at meetings of the governing bodies, fosters a spirit of communion among the members of the Organization and with the Holy See, accompanies reflection on theological matters and promotes the Catholic identity of Caritas Internationalis.
§5. The Pontifical Council Cor Unum approves agreements with Non-Governmental Organizations and entities, without prejudice to Art. 3 §2 of the present Decree concerning grave humanitarian emergencies.
§6. It falls to the Pontifical Council Cor Unum to be vigilant over the precise and transparent administration of the patrimony and finances of Caritas Internationalis, without prejudice to the competences attributed by canonical legislation, especially by the Apostolic Constitution Pastor Bonus.
§7. It falls to the Pontifical Council Cor Unum, having consulted the Secretariat of State and the Prefecture for Economic Affairs, to approve contracts for services of auditing and certification of budgets, management of accounts, employment consultancy, payroll management, welfare contributions and other aspects pertaining to social security, as well as management of finances and patrimony.
§8. The Pontifical Council Cor Unum also fulfils these functions with regard to the Regions instituted by Member Organizations of Caritas Internationalis as instruments of co-ordination within a particular geographical area, without canonical personality and for purely functional purposes. The Pontifical Council may designate its own Delegate to individual Regions, on such terms as it deems appropriate.
§9. The Pontifical Council Cor Unum has the faculty to invite Representatives of interested Dicasteries to specific meetings on matters concerning Caritas Internationalis.
Art. 2. The First Section of the Secretariat of State is competent for:
1° submitting for the approval of the Supreme Pontiff the Statutes and Internal Rules of Caritas Internationalis and any amendment to the same, as well as their interpretation, having first ascertained the opinion of the Pontifical Council Cor Unum, according to the norms of the present Decree, the Code of Canon Law and the legislation of Vatican City State. The above-mentioned Statutes and Internal Rules must be understood in the light of the present Decree;
2° safeguarding all that concerns the public canonical juridical personality of Caritas Internationalis as well as its Vatican civil personality, carrying out the reviews established in canonical legislation and in the legislation of Vatican City State with regard to the Statutes and Internal Rules of Caritas Internationalis and with regard to the legitimacy of its juridical acts;
3° ensuring that the norms of Caritas Internationalis in employment matters are in harmony with the Regolamento Generale della Curia Romana, with such exceptions as correspond to the particular character of Caritas Internationalis, and making the necessary arrangements for guaranteeing adequate social security provision, in accordance with canons 231 and 281 of the Code of Canon Law;
4° ensuring co-ordination of the competences assigned by the present Decree to the Pontifical Council Cor Unum and to the other Dicasteries and agencies of the Roman Curia with those of the Governorate of Vatican City State and of the institutions and agencies associated with the Holy See;
5° assisting the Pontifical Council Cor Unum in its task of exercising vigilance over the precise and transparent administration of the patrimony and finances of Caritas Internationalis, as established in Art. 1 §6, and making arrangements, when it seems necessary, for specific extraordinary audits, reviews and inspections of a juridical, administrative and accounting nature, in conjunction with the Prefecture for Economic Affairs and the Pontifical Council Cor Unum.
Art. 3 §1 The Second Section of the Secretariat of State is competent for:
1° conducting relations with political, diplomatic, administrative and judicial authorities of States, especially with those of the Italian State, as well as relations with international and regional Organizations;
2° giving authority for legal proceedings to be instituted or contested in the name of Caritas Internationalis at the civil tribunals of States, at international tribunals and at courts of arbitration;
3° having consulted the Pontifical Council Cor Unum, approving agreements relating to official financing from Governments and International Organizations or entities, as well as those relating to charitable, humanitarian and developmental initiatives and projects that are either directly set in motion by or else have been entrusted to Caritas Internationalis;
4° having consulted the Pontifical Council Cor Unum, approving cooperation agreements and all other official agreements with Governments and with Intergovernmental Organizations and entities.
§2. In grave humanitarian emergencies, the authorities of Caritas Internationalis are authorized to undertake immediate operational agreements in situ with governmental Authorities, with Intergovernmental Organizations and entities and with Non-Governmental Organizations. Such agreements must be communicated as soon as possible to the Pontifical Council Cor Unum and to the Second Section of the Secretariat of State.
§3. At least once every four months, Caritas Internationalis is required to submit to the Second Section of the Secretariat of State brief reports on informal relationships (official or personal) maintained with Governments and with Diplomatic Missions accredited to the Holy See and to inform the Pontifical Council Cor Unum in general terms of the same. Any agreements that Caritas Internationalis may reach with the said Missions require the approval of the Second Section.
Art. 4 §1. Work relationships involving officers (including the Secretary-General), and those involving employees, as well as cooperation agreements entered into by Caritas Internationalis in any way and in any form, are governed by the relevant norms established by the competent Authority according to Art. 2, 3°, and they are structured in accordance with the Regolamento Generale della Curia Romana. In order to allow for the adaptations required by the particular character of Caritas Internationalis, the Regolamento Generale della Curia Romana will be applied to it ad experimentum for a four-year period, beginning on the date of publication of the present General Decree, with the exception of those elements concerning the competence of the Disciplinary Commission of the Roman Curia and the social security regime, which is guaranteed by norms of their own.
§2. Any dispute regarding work relationships between Caritas Internationalis and its officers and employees, including work relationships with the Secretary-General, as well as any dispute regarding cooperation agreements or relationships entered into by Caritas Internationalis in any way and in any form, falls under the competence of the Labour Office of the Apostolic See (ULSA) according to its own statutory procedures (cf. Art. 11-20), even if the individuals concerned are not Vatican employees or otherwise treated as such.
Art. 5. Competence for non work-related disputes falls to the Tribunals of Vatican City State, without prejudice to the competences assigned to the Tribunal of the Roman Rota by canons 1405 §3, 3° and 1444 §2 of the Code of Canon Law.
Art. 6 The Statutes of Caritas Internationalis must contain the following provisions:
1° The public canonical juridical person Caritas Internationalis has its registered office, for all purposes including those associated with employment and personnel management and all juridical and jurisdictional effects thereof, in Vatican City State;
2° The Pontifical Council Cor Unum, by agreement with the First Section of the Secretariat of State, is to submit to the Supreme Pontiff, for prior approval, the list of candidates for the offices of President, Secretary-General and Treasurer of Caritas Internationalis. The said list is to be made public only after it has been approved;
3° Election to the various offices of Caritas Internationalis must take place in conformity with the provisions of canons 169-173 of the Code of Canon Law;
4° At least three members of the Executive Board are always pontifical appointments. The Pontifical Council Cor Unum, by agreement with the Secretariat of State, is to propose to the Supreme Pontiff the names of the three members of pontifical appointment;
5° The constitution of a Support Commission, by pontifical appointment, composed of experts in the juridical, organizational and technical fields, and including a College of Auditors, should the Pontifical Council Cor Unum consider it necessary, after consulting the Secretariat of State and the Prefecture for Economic Affairs: the competences of this Commission are to be determined by the First Section of the Secretariat of State, by agreement with the Pontifical Council Cor Unum;
6° Before beginning their respective mandates, the President, Secretary-General and Treasurer are to make the promise contained in Appendix 1 of this Decree in the presence of the President of the Pontifical Council Cor Unum. The managerial staff are to make the same promise in the presence of the President of Caritas Internationalis or his delegate, while the employees are to make them in the presence of the Secretary-General. From the entry into force of the present Decree, such declarations are a necessary juridical condition for the assumption of the statutory offices of President, Secretary-General and Treasurer. From the same date, the promises of the managerial staff and the employees are necessary conditions for a continuing employment relationship with the public canonical juridical person Caritas Internationalis;
7° The goods of Caritas Internationalis, in accordance with canon 1257 §1 of the Code of Canon Law, are ecclesiastical goods and are governed by canonical legislation; competence for the management and disposal of these goods falls, other than to the Secretary-General, exclusively to those in an employment relationship with Caritas Internationalis;
8° Approval for an annual budget that anticipates a deficit and/or a reduction of the net patrimony must be requested explicitly from the Pontifical Council Cor Unum;
9° The legal representative of Caritas Internationalis is the Secretary-General.
Art. 7 §1. Caritas Internationalis is required to supply in writing all the information requested by the Pontifical Council Cor Unum, by the Secretariat of State, and where their respective competences are concerned, by every other interested Dicastery, Agency or Office of the Roman Curia and of the Governorate of Vatican City State, and such information is to be copied to the Pontifical Council Cor Unum. In particular, Caritas Internationalis must supply, at the request of the Authorities mentioned, the necessary information regarding personnel (specifically, that indicated by articles 9 §1, 1° - 3°; 10 §1, 1° - 3°, 5° and 10 §2 of the Regolamento Generale del Personale dello Stato della Città del Vaticano), regarding the individual work contracts of every manager, employee or collaborator and regarding the details of their employment and welfare situation, while respecting canon 220 of the Code of Canon Law and the oath mentioned in Art. 6, 6°.
§2. Full acceptance of the canonical legislation in force and that of Vatican City State is a necessary pre-condition for establishing or maintaining any employment relationship with Caritas Internationalis at management or employee level; the same applies also to any relationship of cooperation or independent labour, especially when this is co-ordinated and / or on a continuing basis.
§3. Failure on the part of statutory office-holders to meet obligations established by the relevant legislation or obligations to supply information can constitute grounds for suspension or dismissal from office.
Art. 8. In conjunction with the provisions of the Chirograph Durante l’Ultima Cena and of the present General Decree, Caritas Internationalis is regulated by its own Statutes and Internal Rules, by the norms of the Code of Canon Law, in particular those concerning public juridical persons (and by analogy, by canons 312-316, 317 §4 and 318-320). Insofar as it is a Vatican juridical person, Caritas Internationalis is subject to the legislation in force in Vatican City State.
Art. 9 All provisions of whatever kind that contradict the present General Decree are hereby abrogated; the provisions contained in the Chirograph Durante l’Ultima Cena have not been amended by the present Decree and are to be interpreted in the light of it.
The present General Decree, which has the force of law, was specifically approved by the Supreme Pontiff on 27 April 2012 and enters into force, in accordance with canon 8 §1 at the time of publication.
The present Decree will be published in the newspaper L’Osservatore Romano; it is addressed to all those who are bound to observe it or to ensure its observance, and it will subsequently be published in the Acta Apostolicae Sedis. The original will be deposited in the Archives of the First Section of the Secretariat of State, with an authentic copy deposited in the Archives of the laws of Vatican City State.
From the Vatican, 2 May 2012
|
