The Legal Relationship between the Holy See and the Vatican City State Cover Image

Právní vztah mezi Svatým stolcem a Vatikánským městským státem
The Legal Relationship between the Holy See and the Vatican City State

Author(s): Jiří Rajmund Tretera
Subject(s): History of Law, International Law, Political Sciences, Public Administration, Canon Law / Church Law, Commercial Law
Published by: Společnost pro církevní právo
Keywords: Apostolic See; Vatican City State; canon law; papal sovereignty; international legal status; Roman Curia;

Summary/Abstract: Emerging from a nuanced exploration of canon law, international law and historical evolution, this article traces the unique coexistence of the Apostolic See and the Vatican City State as distinct yet interlinked legal entities. It outlines how the Pope simultaneously embodies the highest authority of the Catholic Church, the Apostolic See and the Vatican City State, each grounded in different juridical foundations ranging from divine law to civil international agreements. The text highlights the canonical personality of the Church and the Apostolic See, contrasting it with the Vatican City State, created only in 1929 through treaty and endowed with its own government, courts and legal system. Detailed attention is given to the structure of the Roman Curia—especially the Secretariat of State and the reorganization of dicasteries under Praedicate Evangelium—to demonstrate how the Apostolic See functions in global diplomacy and internal governance. The study further explains the dual court systems, the role of the Swiss Guard, and the ways diplomatic relations are mediated exclusively through the Apostolic See rather than the Vatican City. A historical arc from Gregory the Great to the loss of the Papal States and the eventual formation of the Vatican City State illustrates how its existence safeguards papal independence. Ultimately, the article frames the Vatican City not merely as territory, but as a symbolic and legal guarantee of the Apostolic See’s sovereignty in the international community.

  • Issue Year: XXXI/2025
  • Issue No: 100
  • Page Range: 9-15
  • Page Count: 7
  • Language: Czech
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