Taking into account the process of political and social change that has occurred in Italy over the last decades and the developments which have taken place in the Church since the Second Vatican Council;
Bearing in mind, on the part of the Italian Republic, the principles proclaimed in its Constitution and, on the part of the Holy See, the Second Vatican Ecumenical Council’s declarations on religious freedom and on the relations between the Church and the polity, as well as the new codification of canon law;
Considering further that, in accordance with Article 7, paragraph (2) of the Constitution of the Italian Republic, the relations between the State and the Catholic Church are governed by the Lateran Pacts, which, however, can be modified by common agreement of the two Parties without requiring any procedure of Constitutional revision;
Have recognized the opportunity of entering into the following mutually agreed amendments to the Lateran Concordat:
Article 1
The Italian Republic and the Holy See reaffirm that the State and the
Catholic Church are, each in its own order, independent and sovereign and
commit themselves to the full respect of this principle in their mutual
relations and to reciprocal collaboration for the promotion of man and
the common good of the Country.
Article 2
1. The Italian Republic shall recognize the full freedom of the Church
to develop its pastoral, educational, and charitable mission, of evangelization
and sanctification. In particular, the Church shall be assured the freedom
of organization, of public exercise of worship, of exercise of its magisterium
and spiritual ministry as well as of exercise of jurisdiction in ecclesiastical
matters.
2. It shall be equally assured the reciprocal freedom of communication
and correspondence between the Holy See, the Italian Bishops Conference,
the Regional Bishops Conferences, the bishops, the clergy and the faithful,
as well as the freedom of printing and circulating acts and documents concerning
the mission of the Church.
3. Catholics and their associations and organizations shall be granted
the full freedom of assembly and of expression of their thoughts by oral,
written, or any other means of publication.
4. The Italian Republic acknowledges the particular significance that
Rome, the Episcopal See of the Supreme Pontiff, has to Catholicism.
Article 3
1. The boundaries of the dioceses and of the parishes shall be freely
determined by the ecclesiastical authority. The Holy See commits itself
not to include any part of the Italian territory into a diocese whose Episcopal
See is in the territory of another State.
2. Appointments to ecclesiastical offices shall be freely made by the
ecclesiastical authority. The ecclesiastical authority shall communicate
to the competent civil authorities the appointments of the Archbishops
and diocesan bishops, of the coadjutors, the abbots and prelates with territorial
jurisdiction as well as of the parish priests and the appointments to the
other ecclesiastical offices relevant for the State legal order.
3. Except for the diocese of Rome and for the suburban ones, ecclesiastics
who are not Italian citizens shall not be appointed to the offices hereof.
Article 4
1. The priests, the deacons, and the members of the religious orders
who have taken vows shall have the right to obtain, at their own request,
an exemption from the military service or to be assigned to the substitutive
Civil Service.
2. In the event of general mobilization, the ecclesiastics who have
not been assigned to the care of souls shall be called to exercise their
religious office among the troops or, subordinately, they shall be assigned
to the medical service.
3. Students of theology, those in the last two years of their theological
preparation for ordination and novices of religious institutes and societies
for apostolic life may take advantage of the same postponements of military
service which are granted to the students of Italian Universities.
4. Ecclesiastics shall not be required to provide to magistrates or
other authorities any information regarding persons or matters known to
them by reason of their ministry.
Article 5
1. Buildings open to worship shall not be requisitioned, occupied,
expropriated or demolished except for grave reasons and pursuant to a previous
agreement with the competent ecclesiastical authority.
2. Except in cases of urgent necessity, the police force shall not
enter buildings open to worship for the purpose of carrying out its duties
without first advising the ecclesiastical authority thereof.
3. The civil authority shall take into account the religious needs
of the people, as presented to it by the competent ecclesiastical authority,
in connection with the construction of new buildings for Catholic worship
and of the pertinent parish structures.
Article 6
The Italian Republic shall recognize as public holidays every Sunday
and all the other religious feasts determined by agreement between the
Parties.
Article 7
1. The Italian Republic, in accordance with the principle enunciated
in Article 20 of its Constitution, reaffirms that the ecclesiastical character
and the religious or worship purpose of an association or institution shall
not be the motive of special legislative limitations or of special tax
exemptions with regard to its constitution, legal capacity, or any other
form of activity.
2. The legal personality previously granted to ecclesiastical bodies
shall be retained and the Italian Republic, upon request of the ecclesiastical
authority or with its consent, shall continue to recognize the legal personality
of the ecclesiastical bodies whose See is in Italy, who are constituted
or approved according to the norms of canon law and have a religious or
worship purpose. A similar procedure shall be followed in order to recognize
civil effects to any substantial change of the same bodies.
3. With respect to taxation, ecclesiastical bodies having a religious
or devotional purpose, as well as activities directed to that same scope
shall be treated in the same manner as those having a beneficent or educational
purpose.
The activities carried out by ecclesiastical bodies that are not for
religious or devotional purposes shall be subject, in accordance with the
structure and purpose of such bodies, to the laws of the State concerning
such activities and to the tax burden provided for the same.
4. The buildings open to worship, the publications of acts, the posting
of notices in the interior or at the outside doors of the worship or ecclesiastical
buildings, and the collections made in the aforesaid buildings shall continue
to be subject to the regulations presently in force.
5. The administration of the property owned by ecclesiastical bodies
shall be subject to the controls provided by canon law. The acquisitions
made by these bodies shall also be subject, however, to the controls provided
for in the Italian laws on acquisition by legal persons.
6. On the occasion of the signing of the present agreement, the Parties
shall appoint a joint Commission to formulate norms, that will be subsequently
submitted for their approval, for the regulation of the whole matter of
ecclesiastical bodies and properties and for the revision of the financial
obligations of the Italian State and of its intervention into the patrimonial
management of ecclesiastical bodies.
Upon a temporary basis and until the entry into force of the new regulation,
Articles 17, paragraph (3), 18, 27, 29 and 30 of the previous text of the
Concordat shall remain applicable.
Article 8
1. Civil effects shall be recognized for marriages contracted according
to the norms of canon law, provided that the act of marriage be entered
in the registers of the vital statistics, and the notices of marriage have
been previously published at the communal offices. Immediately after the
ceremony, the parish priest or his delegate shall explain the civil effects
of the marriage to the parties, by reading the Articles of the Civil Code
concerning the rights and duties of married people and he shall thereafter
draw up, in original duplicate, the certificate of marriage, in which the
spouses’ declarations permitted by civil law may be inserted.
The Holy See acknowledges that the registration shall not take place:
(A) When the spouses do not meet the requirements of age determined
by civil law for celebration;
(B) When an impediment from which, according to civil law, no derogation
is permitted, exists between the spouses.
However, registration is permitted when, according to civil law, an
action for nullity or annulment can no longer be maintained.
The request for registration shall be made, in writing and within five
days from the celebration, by the parish priest of the place where the
marriage has been celebrated. If the conditions for registration are satisfied,
the vital statistics officer shall record it within 24 hours from the receipt
of the act and shall give notice thereof to the parish priest.
The marriage shall have civil effects from the moment of the celebration,
even if the vital statistics officer has, for any reason, made the registration
after the prescribed term.
The registration can also be made subsequently upon request of the
two spouses, or of one of them with the knowledge and without the opposition
of the other, provided that both have retained single status without interruption
from the moment of the celebration to the request for registration and
the rights legally acquired by third parties are not prejudiced.
2. The judgments of nullity of marriage pronounced by ecclesiastical
tribunals, together with the decree of execution issued by the superior
controlling ecclesiastical authority, shall be declared, at the request
of the parties or of one of them, effective within the Italian Republic
by judgment of the competent Court of Appeal, upon verifying:
(A) that the ecclesiastical judge was the competent judge to adjudicate
the action, the marriage having been celebrated in accordance with the
present Article;
(B) that in the proceedings before the ecclesiastical tribunals the
right to sue and to defend in Court has been assured to the parties in
a way not dissimilar from what is required by the fundamental principles
of the Italian legal system;
(C) that the other conditions required by the Italian legislation for
the declaration of efficacy of foreign judgments are present.
The Court of Appeal may, with the judgment that recognizes a canonical
judgment, take temporary economical measures in favor of one of the two
spouses whose marriage has been declared null, referring the parties to
the competent judge for a final decision on the matter.
3. In entering into the present regulation of matrimonial matters the
Holy See herein reaffirms the unchangeable validity of the Catholic teaching
on marriage and the concern of the Church for the dignity and values of
the family, foundation of the society.
Article 9
1. The Italian Republic, in conformity with the principle of freedom
of schools and teaching and according to the terms provided for in its
Constitution, shall guarantee to the Catholic Church the right to freely
establish schools of every order and grade and educational institutes.
Full freedom shall be assured to private schools officially recognized
by the State and it shall also be assured to their pupils school treatment
equivalent to that applied to the pupils of schools run by the State or
by the other territorial entities, also with regards to the State exam.
2. The Italian Republic, recognizing the value of the religious culture
and considering that the principles of the Catholic Church are part of
the historical heritage of the Italian people, shall continue to assure,
within the framework of the scope of the schools, the teaching of Catholic
religion in the public schools of every order and grade except for Universities.
With respect for the freedom of conscience and educational responsibility
of the parents, everyone shall be granted the right to choose whether or
not to receive religious instruction. When they enroll, the students or
their parents shall exercise this right at the request of the school authority
and their choice shall not give rise to any form of discrimination.
Article 10
1. The Universities, seminaries, academies, colleges, and other institutions
for ecclesiastics and members of religious orders or for the training in
the ecclesiastical disciplines, established according to canon law, shall
continue to be subordinate to the ecclesiastical authority alone.
2. The academic degrees in theology and in the other ecclesiastical
disciplines, determined by the agreement of the contracting Parties and
granted by the faculties approved by the Holy See, shall be recognized
by the State. The diplomas of Paleography, Diplomacy, Custody of Historical
Documents, and Library Sciences obtained at Vatican schools shall likewise
be recognized.
3. The appointment of professors to the Catholic University of the
Sacred Heart and the subordinate institutes shall be subject to the approval
of the candidates’ religious profile by the competent ecclesiastical authority.
Article 11
1. The Italian Republic assures that service in the army, in the police
or in any other similar service, time spent in hospitals, in sanatoria
or in houses of public assistance and confinment to the institutes for
prevention and punishment shall not impede the exercise of religious freedom
and the fulfillment of the practices of Catholic worship.
2. The spiritual assistance to the same shall be assured by ecclesiastics
appointed by the competent Italian authorities upon designation by the
ecclesiastical authority and in accordance with the legal status, the personnel
and the formalities determined by common agreement of these authorities.
Article 12
1. The Holy See and the Italian Republic, each in its proper order,
shall collaborate for the protection of the historical and artistic heritage.
In order to harmonize the application of Italian law with the religious
needs, the competent authorities of the two Parties shall agree upon appropriate
provisions for the protection, appraisal, and enjoyment of cultural property
of religious interest that belongs to ecclesiastical bodies or institutions.
The preservation and consultation of archives of historical interest
and of the libraries of the same bodies and institutions shall be favoured
and facilitated on the basis of understandings between the competent authorities
of the two Parties.
2. The Holy See shall retain the power to dispose of the Christian
catacombs that exist underground at Rome and other parts of the Italian
territory, bearing the consequent responsibility for their custody, maintenance
and preservation, but it shall waive the power to dispose of the other
catacombs.
Subject to the laws of the State and to any rights of third parties,
the Holy See shall be at liberty to proceed with any necessary excavation
and removal of sacred relics.
Article 13
1. The preceding provisions shall be amendments to the Lateran Concordat
accepted by the two Parties and shall enter into force on the exchange
of the instruments of ratification. Except for what is provided in Article
7, paragraph (6), the provisions of the Concordat not reproduced in the
present text are herein repealed.
2. Additional matters for which a need of collaboration between the
Catholic Church and the State might arise, shall be governed by further
agreements between the two Parties or by understandings between the competent
authorities of the State and of the Italian Bishops Conference.
Article 14
If, in the future, any difficulties should arise with regard to the
interpretation or application of the preceding provisions, the Holy See
and the Italian Republic shall entrust the search for an amicable settlement
to a joint Commission appointed by them.
Rome, February 18, 1984
Signed on February 18, 1984
On the occasion of the signing of the Agreement that modifies the Lateran Concordat, the Holy See and the Italian Republic, desiring to assure, by means of appropriate specifications, the best application of the Lateran Pacts and the agreed upon amendments, and willing to avoid any difficulties of interpretation thereof, herein jointly declare:
1. In relation to Article 1
The principle of the Catholic religion as the sole religion of the Italian State, originally referred to by the Lateran Pacts, shall be considered to be no longer in force.
2. In relation to Article 4
(a) With reference to Paragraph (2), the ordinaries, parish priests,
parish vicars, rectors of churches open to worship and priests permanently
assigned to the services of spiritual assistance referred to in Article
11 shall be considered to be in cure of souls.
(b) The Italian Republic assures that the judicial authority shall
inform the ecclesiastical authority with territorial competence of any
criminal proceedings against ecclesiastics.
(c) The Holy See takes advantage of the amendments to the Lateran Concordat
to declare its agreement, without prejudice to the canon legal system,
with the interpretation given by the Italian State to Article 23, paragraph
(2) of the Lateran Treaty, according to which the civil effects of the
judgments and final orders pronounced by ecclesiastical authorities and
provided by this Article shall be understood in accordance with the rights
of Italian citizens which are constitutionally recognized.
3. In relation to Article 7
(a) The Italian Republic assures that no obligation to proceed with
the conversion of real property shall exist upon ecclesiastical bodies,
unless contrary agreements are concluded from time to time between the
competent governmental and ecclesiastical authorities when special reasons
are present.
(b) The joint Commission referred to in Paragraph (6) shall terminate
its work within and no later than six months from the signing of the present
agreement.
4. In relation to Article 8
(a) In view of the application of Paragraph (1) (B), the following shall
be understood to be impediments from which, according to civil law, no
derogation is permitted:
(1) the fact that one of the contracting parties is interdicted for
mental infirmity;
(2) the existence, between the spouses, of a previous marriage which
is valid for civil purposes;
(3) the impediments which derive from crime of affinity in a direct
line.
(b) With reference to Paragraph (2), in view of the application of
Articles 796 and 797 of the Italian Code of Civil Procedure, the specificity
of the canon legal system, that governs the bond of matrimony which had
its origin therein, shall be taken into account. In particular:
(1) it shall be taken into consideration that the references made by
Italian law to the law of the place where the judicial proceedings have
taken place shall be understood as relating to canon law;
(2) final judgment shall be considered to be a judgment that is enforceable
according to canon law;
(3) it is understood that, in any case, the merits shall not be re-examined.
(c) The provisions of Paragraph (2) shall also be applied to marriages
celebrated, before the entry into force of the present agreement, in conformity
with the norms of Article 34 of the Lateran Concordat and of the law No.
847 of May 27, 1929 and for which a proceeding before the civil judicial
authority, as provided by the same norms, has not been initiated.
5. In relation to Article 9
(a) The teaching of Catholic religion in the schools indicated at Paragraph
(2) shall be given — in conformity with the doctrine of the Church and
with respect for the freedom of conscience of the pupils — by the teachers
who are recognized by the ecclesiastical authority as being qualified thereto
and who are appointed, in agreement therewith, by the school authority.
In infant and elementary schools, this teaching may be given by the
class teacher, if recognized by the ecclesiastical authority as being qualified
thereto and if willing to do it.
(b) By means of a subsequent understanding between the competent school
authorities and the Italian Bishops Conference, it shall be determined:
(1) the teaching prospectus of Catholic religion in public schools
of every order and grade;
(2) the organization of this teaching, also with respect to its position
in the school time table;
(3) the criteria for selecting the textbooks;
(4) the requirements of professional qualification for the teachers.
(c) The provisions of this Article shall not prejudice the regulations
presently in force in the regions on the borders of the Country, in which
the matter is governed by special norms.
6. In relation to Article 10
The Italian Republic, in interpreting Paragraph (3) -- that does not change Article 38 of the Concordat signed on February 11, 1929 -- shall follow the judgment of the Constitutional Court, No. 195/1972, concerning the same Article.
7. In relation to Article 13, Paragraph (1)
The Parties shall initiate appropriate consultations with a view of the implement, each within its proper order, the provisions of the present agreement.
The present Additional Protocol is an integral part fo the Agreement
that modifies the Lateran Concordat and that was contextually signed by
the Holy See and the Italian Republic.
Rome, February 18, 1984