Gavin Howe
The Pope is the head of the Catholic Church and the Vatican City State, and as such, he has the power to make and change laws. Canon law, the in-house legal system of the Catholic Church, is the first source of norms and the first principle of interpretation for the civil legal system of Vatican City State. Popes have introduced significant changes to canon law, such as criminalising sexual abuse and grooming by priests, addressing financial scandals, and promoting gender equality. However, the Pope's legislative approach has been described as pragmatic and inconsistent, raising concerns among scholars of canon law about maintaining a coherent legislative framework.
| Characteristics | Values |
|---|---|
| Pope's ability to make laws | Pope Francis has been described as pragmatic and has been criticized for making and adjusting laws without maintaining homogeneity in decisions |
| Pope Francis has issued 50% more legislation than Benedict XVI and in half the time | |
| Pope Francis has steadily centralized legislative action | |
| Pope Francis has been described as a "supreme legislator" | |
| Pope Francis has been criticized for not consulting the Pontifical Council for Legislative Texts for interpretation of the laws | |
| Pope Francis has been criticized for making laws difficult to interpret | |
| Pope's ability to change laws | Pope Francis has made the most extensive revisions to Catholic Church law in four decades |
| Pope Francis has made changes to canon law to address sexual abuse | |
| Pope Francis has made changes to the civil code of the Vatican | |
| Pope Francis has made changes to the Fundamental Law of Vatican City State | |
| Pope Francis has made changes to the Italian code | |
| Pope Francis has made changes to the law to allow women to perform tasks in mass |
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What You'll Learn
Pope Francis has made changes to canon law
The Pope is the only person who can change the Code of Canon Law. In 2022, Pope Francis made changes to the canon law of the Latin and Eastern Churches, contained in the motu proprio Assegnare alcune competenze ("Assigning some competencies"). A motu proprio is a document issued by the Pope without the request of an office of the Roman Curia.
Pope Francis's changes to canon law included:
- Replacing the word "approval" with "confirmation" in specific sections of the Code of Canon Law, signalling a transfer of some powers of the Apostolic See to bishops. Bishops can now approve the publication of catechisms, the creation of a seminary in their territory, and guidelines for priestly formation.
- Amendments to the procedures for matrimonial nullity cases, with changes to canons 1671-1691.
- The addition of clerical associations to the list of juridic entities that can incardinate clerics.
- Allowing diocesan bishops or episcopal conferences to formally approve groups of consecrated virgins.
- Changes to the law governing the appointment of judges, reserving the appointment of judges to the Pope.
- Abolishing the privilege of cardinals and bishops to be tried only before the Court of Cassation without first going through the lower courts.
- Issuing a new Vatican City law requiring Vatican City officials, including those in the Roman Curia, and foreign nuncios affiliated with the Vatican government, to report sex abuse.
- Amendments to articles 17, 376, and 379 of the penal code of the Vatican.
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Canon law is supreme in the Vatican civil legal system
Canon law, or the body of laws and regulations made by the Pope and the Catholic Church, is the supreme legal authority in the Vatican civil legal system. The canon law of the Catholic Church is the first source of norms and the first principle of interpretation for the civil legal system of Vatican City State.
The Pope, as the absolute monarch of the Vatican City State, holds legislative, executive, and judicial power. He delegates legislative functions to the Pontifical Commission for Vatican City State, which is composed of Cardinals appointed by the Pope for a five-year term. The canon law, as the supreme law of the land, is interpreted and enforced by the Supreme Tribunal of the Apostolic Signatura, the highest canonical tribunal and the final court of cassation in the civil legal system of Vatican City State.
The canon law has a long history, dating back to the early days of the Catholic Church. However, it was only in 1917 that the universal canon law was codified into a singular text, which has since been replaced by the code of 1983. The canon law covers various aspects of civil law, including marriage, prescription of ecclesiastical property, and gifts and legacies upon death, with Italian law being supplementary and subject to transposition by the Vatican authority as long as it does not conflict with canon law.
The Pope has the power to make changes to the canon law, and Pope Francis has made significant amendments. For instance, he abolished life imprisonment in 2013, increasing the maximum penalty to 30-35 years of imprisonment. He also amended the law in 2021 to allow the Vatican City court to judge cardinals and bishops, removing the privilege that allowed them to be tried only before the Court of Cassation. Additionally, Pope Francis has issued new laws to address sexual abuse, requiring Vatican officials to report any such incidents and imposing penalties for failure to do so.
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Pope Francis has made changes to the law to include women
The Pope, as the head of the Catholic Church, can make and change canon laws. In June 2021, Pope Francis made significant changes to the canon law, emphasising the need to incorporate penal law into the ordinary governance of the Church.
In his first words as Pope in 2013, Francis took on a self-deprecatory tone, signalling his intention to bring about change and reform. He has since continued to make strides towards greater equality for women in the Church. In 2021, he amended the Vatican's civil code to abolish the privilege that allowed cardinals and bishops to be tried only before the Court of Cassation, the highest court in Vatican City's civil legal system. This change means that these high-ranking members of the Church can now be judged by lower courts, increasing accountability and transparency.
Pope Francis has also made changes to the law to address sexual abuse within the Church. In 2019, he issued a new Vatican City law requiring officials, including those in the Roman Curia, to report any cases of sexual abuse. This law applies not only to male church workers but also to women, demonstrating the Pope's commitment to including women in the Church's decision-making processes.
While Pope Francis has made significant strides towards including women in the Catholic Church, the question of female priests remains unresolved. Despite these limitations, his reforms have brought the Church closer to achieving equality for women and have set a precedent for future progress.
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Pope Francis has amended the penal code of the Vatican
The Pope is the supreme head of the Church, the Holy See, and the Vatican City, which are three distinct entities in law. As such, the Pope has the authority to make and amend laws. In February 2021, Pope Francis amended the penal code of the Vatican, introducing significant changes to the Vatican City's criminal sentencing policy and procedures for criminal trials.
The amendments were made through a motu proprio, a formal legal act issued by the Church and Vatican City's supreme legislator. The motu proprio, titled "Bringing Amendments in the Matter of Justice" or "Recante modifiche in materia di giustizia" in Italian, aimed to update the Vatican's civil laws and procedures to align with the "changed sensibilities of the times."
The changes made by Pope Francis included the following:
- Abolishing the "processo in contumacia" or trial in absentia, which previously allowed trials to proceed without the defendant's presence based solely on the documentation provided, without admitting testimony for the defence. Now, if a defendant refuses to attend a hearing without a legitimate impediment, the trial will proceed with the defendant being represented by defence counsel. If it is proven that the defendant is unable to attend due to a legitimate and serious impediment or mental infirmity, the trial will be suspended or postponed.
- Reducing sentences for convicts who demonstrate remorse and participate in reintegration programs, with the possibility of agreeing on community service and voluntary work.
- Establishing procedures for penalties aimed at the rehabilitation of offenders, such as the payment of monetary fines or performing community service.
- Amending articles 17, 376, and 379 of the penal code, which may have implications for pending trials.
- Reserving the appointment of judges to the Pope, removing the privilege of cardinals and bishops to be tried only before the Court of Cassation.
These amendments reflect Pope Francis's efforts to modernize the Vatican's legal system, enhance justice, and respond to the changing needs of the times.
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Pope Francis has made changes to the law to address sex abuse
The Pope, as the head of the Catholic Church, has the authority to make and change canon laws. In June 2021, Pope Francis made significant changes to the Church's penal code, expanding it and making it less vague. The revised code includes clear directives on the sexual abuse of minors, pornography, and other misdeeds. It also addresses the sex abuse issues that have plagued the Catholic Church for decades.
The new text, Book VI of the Code of Canon Law, is the result of over a decade of work to revise the code, which was initiated under Pope Benedict XVI. Pope Francis stated that the changes were made to provide the Church with a more "agile salvific and corrective tool" to "avoid more serious evils and to soothe the wounds caused by human weakness". The revisions also aim to reduce the number of cases where the imposition of a penalty is left to the discretion of authorities.
The revised code introduces various changes to the existing law and imposes sanctions on some new offences. It includes an entirely new section titled 'Offences against human life, dignity, and liberty', which describes offences "against the sixth commandment" – i.e. adultery – "with a minor or with a person who habitually has an imperfect use of reason". A cleric found guilty of such behaviour is to be punished with deprivation of office and other penalties, including permanent dismissal from the clerical state.
In March 2019, following a historic Vatican sex abuse summit, Pope Francis issued a new Vatican City law requiring Vatican City officials, including those in the Roman Curia, and foreign nuncios affiliated with the Vatican government, to report sex abuse. The statute of limitations was also increased from 4 years to 20 years, and any Vatican employee found guilty is to be dismissed. In May 2019, a new law was issued to male and female church workers worldwide to disclose any reports of sexual abuse.
In addition, Pope Francis has taken other actions to address sexual abuse within the Church. In 2018, he accepted the resignation of auxiliary bishop Juan José Pineda following revelations of sexual abuse of seminarians. In 2019, he sent a team to investigate whether a German diocese mishandled sexual abuse allegations, and he abolished the rule of "pontifical secrecy", improving transparency in sexual abuse cases. However, despite these changes and actions, Pope Francis has faced criticism and accusations from activists and survivors of clerical sexual abuse, who argue that he has failed to fulfil his promises and that the new rules have had little impact.
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Frequently asked questions
Yes, the Pope can make laws. Pope Francis, for example, has made several changes to canon law, including criminalizing grooming and sexual abuse of minors and vulnerable adults by priests.
Canon law is the in-house legal system of the Catholic Church, which covers its 1.3 billion members. It operates independently of civil laws.
The Pope can change civil laws in Vatican City, which is a sovereign nation. For example, Pope Francis amended the Vatican's civil code in 2021 to make the lower court competent to judge cases involving cardinals and bishops.
No, the Pope cannot change the laws of other countries. However, he can influence them, especially in countries with a large Catholic population.
