CASE 404 - The vatican

The primacy of Rome makes its bishop the worldwide leader of the church, commonly known as the Pope. Since Rome is the preeminent episcopal see of the church, it contains the central government of the church, including various agencies essential to administration. As such, diplomatically, the Holy See acts and speaks for the whole Catholic Church. It is also recognized by other subjects of international law as a sovereign entity, headed by the Pope, with which diplomatic relations can be maintained." Although it is often referred to as "the Vatican", the Holy See is not the same entity as the Vatican City State, which came into existence only in 1929; the Holy See, the episcopal see of Rome, dates back to early Christian times. Ambassadors are officially accredited not to the Vatican City State but to "the Holy See", and papal representatives to states and international organizations are recognized as representing the Holy See, not the Vatican City State. Though all episcopal sees may be considered "holy", the expression "the Holy See" (without further specification) is normally used in international relations (and in the canon law of the Roman Catholic Church) to refer to the See of Rome viewed as the central government of the Roman Catholic Church. The British Foreign and Commonwealth Office speaks of Vatican City as the "capital" of the Holy See, although it compares the legal personality of the Holy See to that of the Crown in Christian monarchies and declares that the Holy See and the state of Vatican City are two international identities. It also distinguishes between the employees of the Holy See (2,750 working in the Roman Curia with another 333 working in the Holy See's diplomatic missions abroad) and the 1,909 employees of the state. The British Ambassador to the Holy See uses more precise language, saying that the Holy See "is not the same as the Vatican City State. … (It) is the universal government of the Catholic Church and operates from the Vatican City State." This agrees exactly with the expression used by the website of the United States Department of State, in giving information on both the Holy See and the Vatican City State: it too says that the Holy See "operates from the Vatican City State".

Organization Coat of arms of the Holy See Main article: Roman Curia The Pope governs the Catholic Church through the Roman Curia. The Roman Curia consists of a complex of offices that administer church affairs at the highest level, including the Secretariat of State, nine Congregations, three Tribunals, eleven Pontifical Councils, and seven Pontifical Commissions. The Secretariat of State, under the Cardinal Secretary of State, directs and coordinates the Curia. The incumbent, Cardinal Tarcisio Bertone, is the See's equivalent of a prime minister. Archbishop Dominique Mamberti, Secretary of the Section for Relations with States of the Secretariat of State, acts as the Holy See's minister of foreign affairs. Bertone and Mamberti were named in their respective roles by Pope Benedict XVI in September 2006.

Vatican City The Secretariat of State is the only body of the Curia that is situated within Vatican City. The others are in buildings in different parts of Rome that have extraterritorial rights similar to those of embassies. Among the most active of the major Curial institutions are the Congregation for the Doctrine of the Faith, which oversees the Catholic Church's doctrine; the Congregation for Bishops, which coordinates the appointment of bishops worldwide; the Congregation for the Evangelization of Peoples, which oversees all missionary activities; and the Pontifical Council for Justice and Peace, which deals with international peace and social issues. Three tribunals exercise judicial power. The Roman Rota handles normal judicial appeals, the most numerous being those that concern alleged nullity of marriage. The Apostolic Signatura is the supreme appellate and administrative court concerning decisions even of the Roman Rota and administrative decisions of ecclesiastical superiors (bishops and superiors of religious institutes), such as closing a parish or removing someone from office. It also oversees the work of other ecclesiastical tribunals at all levels. The Apostolic Penitentiary deals not with external judgments or decrees, but with matters of conscience, granting absolutions from censures, dispensations, commutations, validations, condonations, and other favours; it also grants indulgences. The Prefecture for the Economic Affairs of the Holy See coordinates the finances of the Holy See departments and supervises the administration of all offices, whatever be their degree of autonomy, that manage these finances. The most important of these is the Administration of the Patrimony of the Apostolic See. The Prefecture of the Papal Household is responsible for the organization of the papal household, audiences, and ceremonies (apart from the strictly liturgical part). The Holy See does not dissolve upon a Pope's death or resignation. It instead operates under a different set of laws sede vacante. During this interregnum, the heads of the dicasteries of the Roman Curia (such as the prefects of congregations) cease immediately to hold office, the only exceptions being the Major Penitentiary, who continues his important role regarding absolutions and dispensations, and the Camerlengo of the Holy Roman Church, who administers the temporalities (i.e., properties and finances) of the See of St. Peter during this period. The government of the See, and therefore of the Catholic Church, then falls to the College of Cardinals. Canon law prohibits the College and the Camerlengo from introducing any innovations or novelties in the government of the Church during this period. In 2001, the Holy See had a revenue of 422.098 billion Italian lire (about 202 million USD at the time), and a net income of 17.720 billion Italian lire (about 8 million USD