An apostolic will of Pope Francis to simplify mechanisms and ensure an improvement in the functionality of the system in light of “the requirements that have emerged in recent years in the field of the administration of justice.” The duties of the Office of the Promoter of Justice and changes related to the termination of the position of President of the Vatican Court are also explained.
In light of the “requirements that have emerged in recent years in the field of the administration of justice” in the Vatican, Pope Francis has made some changes to the criminal legislation and judicial system of the Vatican City State; “Additional amendments” defined by the Supreme Pontiff in a new Apostolic Testament, published yesterday on April 12, which are also made necessary by the “multiplying” of cases requiring “quick and fair definition in the procedural sphere” and thus with the “increased workload” of the judiciary. Referring to the various ongoing judicial proceedings, starting with the procedure for the administration of the funds of the Holy See which began on July 27, 2021 and which is still in full swing.
The changes introduced by the pope are aimed at simplifying the mechanisms, ensuring their preservation, and improving the functionality of the system if possible. Among the novelties, we note a more precise classification of the investigative and prosecutorial functions of the office of the promoter of justice; the possibility of adding a substitute to the panel of three judges – who shall remain the only one – in the event of the departure of one of the members; the possibility of the Pope appointing an additional President of the Vatican Court in the event that the President is present in the year of his resignation; Cancellation of the full-time attendance of at least one judge on the arbitration committee. A novelty introduced in Law No. 351 of March 16, 2020, by which the Pope promulgated a new judicial system. Of this law, the first paragraph has been replaced with the following: “The judicial power in the Vatican State is exercised, in the name of the Supreme Pontiff, for the functions of arbitration by the Tribunal and the Court of Appeal, for the functions of investigation and prosecution, by the Office of the Promoter of Justice.” Another specification introduced by the Apostolic Will is that “judges are appointed by the Supreme Pontiff and in the exercise of their functions are subject only to the law.” And the document continues, “They exercise their powers impartially, on the basis and within the limits of the competences determined by law.” With regard to the promoter of justice, he can – as the document states – submit to the court a request to stay the trial due to the lack of conditions or elements to complete it.
Another amendment related to Article 6, paragraph 3, which used to state as follows: “The Court shall rule on a panel of three judges appointed by the President of the Court, taking into account their professional skills and the nature of the proceedings.” As for the new Apostolic will, it states that the president of the court will have to consider the appointment of judges as well, “the date of the end of the judges’ term in relation to the expected duration of the trial.” And “in compliance with the principle of immutability of the judge and to ensure the reasonable duration of the trial, the President may appoint a substitute member who shall participate in the business of the panel and may rule in cases of obstruction or suspension of the functions of one of the three judges.”
Finally, amendments in Article 10 relating to the termination of the office of President of the Vatican Tribunal. The 2020 law used to provide that “at the end of the judicial year in which ordinary judges reach the age of seventy-five, they are required to submit their resignation, which takes effect with the acceptance of the Supreme Pontiff,” who “may allow ordinary judges to continue in their positions outside the limits indicated.” referred to in the previous paragraph. Consequently, a new article was added to this paragraph stating that the pope may “during the judicial year in which the president is required to submit his resignation, appoint an additional vice-president who will assist him in the exercise of his functions” and perform “his functions on his behalf” and preside over “bodies in judgments that may exceed Its expected term is more than one year, provided that he assumes the position of president at the end of his term.
