Thursday, April 29, 2021

Francis disciplines the Curia UPDATED!

UPDATE

Cardinals and bishops to lose special legal privileges under new papal decree

Pope Francis has introduced a significant change to the law of the Vatican City State by granting jurisdiction to its ordinary tribunals to judge cardinals and bishops, like all the other faithful, in civil and penal matters. These tribunals, however, will have to obtain the prior assent of the pope.

According to Canon Law cardinals and bishops can only be judged by the Pope. In practice this meant that they were could not be tried by ordinary tribunals which in many cases have lay persons as judges. Instead they were tried by a special court composed of three cardinals.  From now on any court can try a cardinal simply by asking the Pope for permission. The speculation is that this will soon by used to try a cardinal in a financial abuse case.


Well Francis is continuing to bring the Curia under his discipline.  It is interesting that this decree uses the word corruption. Francis has reserved that word for people like the mafia whom he has strongly condemned.

Pope Francis issued a sweeping anti-corruption decree. How will it affect Vatican operations?

Pope Francis, in a new motu proprio issued April 29, continued his determined eight-year effort to reform Vatican finances. The decree lays down new legally binding norms to ensure transparency and to prevent any form of corruption by Vatican officials—both clerical and lay—involved in the management of such public finances.

With the document, the pope introduces significant changes to the “General Regulations of the Roman Curia,” which prohibit all persons employed in the Roman Curia, Vatican City State and related entities from accepting or soliciting money or gifts valued at more than 40 euros (around $50), either for themselves or for someone else.

During his papacy, Pope Francis has come to judge that money or gifts in kind and in various forms were given to senior officials for reasons not in keeping with the Gospel, including to promote or fast-track causes for sainthood, to win favor for an organization or association, or to influence in some way the selection or appointment of persons. 

 Vatican officials, the pope said, ranging from heads of departments at the Roman Curia and those responsible for other offices or institutions to deputy directors holding five-year contracts and those with administrative, judicial or supervisory functions in the Vatican, will be obliged to sign a declaration when they are hired and every two years thereafter. They will be required to affirm that they have never been convicted by any court nor the subject of any pending criminal trials or investigations regarding corruption, fraud, terrorism, money laundering, exploitation of minors or tax evasion.

Curia officials will also be required to declare that they do not hold, even through third parties, cash or investments or stakes in corporations or companies in places included in the list of countries at high risk of money laundering (unless their relatives are residents or domiciled there for valid reasons including family, work or study). The officials of the Roman Curia must also vow that they are not linked in any way to the financing of terrorist activities, tax havens or companies whose policies are against the church’s social doctrine.

Pope Francis has assigned to the Secretariat for the Economy the responsibility to verify the written declarations by those in positions of authority and responsibility. 

Cardinal Pell used to be the prefect of the Secretariat for the Economy.  His replacement is a Jesuit who worked in some financial officer capacity for Jesuits in Rome. The agreement was that this Jesuit would not be made a cardinal, and that when his term was ended he would return to the jurisdiction of the Jesuits. Since professed Jesuits have a personal vow to take any mission from the Pope, this man obviously has no other motivation than complete loyalty to Francis. 

I wonder if $50 would get anyone a meal at fine restaurant in Rome? Certainly looks like some curia officials are going to have to trim their lifestyle.

3 comments:

  1. This is fine - glad it's been done.

    I can't help thinking, though, that people who have been wanting curial reform are looking for a reset which is more ... fundamental? ... than signing an anti-bribery piece of paper every two years.

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    1. Reducing gifts to mere tokens is a fundamental reform since much of the Vatican has operated in that manner. It is like abolishing tips. Or like ending the revolving door between government officials and the private sector.

      Francis has personally completely changed the whole promotions scheme for bishops, curial officials and cardinals. Now that could all change back with the next pope but he has abolished a large number of the traditions, e.g. about what places get a cardinal, and who gets promoted where among the bishops.

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    2. Francis should get a lot of credit for at least trying to reduce the corruption in the higher echelons of the RCC. I doubt that he will succeed though. He is trying to undo at least 1700 years worth of it with little cooperation from those who benefit from it. A whole lot of higher ups in Rome and in chanceries around the world are motivated by money, power and privilege in much the same way as are their counterparts in governments and corporations all over the world.

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