Saturday, July 9, 2016

Further controls over temporal goods

On 4 July 2016, the Holy Father approved a motu proprio that implements reform of the organisms engaged in control and vigilance as well as the administration of Holy See goods. The new legislative document is intended to continue on the path begun with the Motu Proprio “Fidelis dispensator et prudens” dated 24 February 2014, by which Pope Francis created three new organisms: the Council for the Economy, the Secretariat for the Economy and the Office of the Auditor General. As well known, the respective competencies of these organisms were subsequently specified in the Statutes of 22 February 2015. The Statutes in question were approved ad experimentum with the knowledge that the new system was to be built through subsequent verifications.

The document published today responds to the need to define further the relationship between the Administration of the Patrimony of the Apostolic See and the Secretariat for the Economy. The fundamental principle at the base of the reforms in this area, and in particular at the base of this Motu Proprio, is that of ensuring the clear and unequivocal distinction between control and vigilance, on the one hand, and administration of goods, on the other. Therefore, the Motu Proprio specifies the competencies pertaining to the Administration of the Patrimony of the Holy See and better delineates the Secretariat for the Economy’s fundamental role of control and vigilance.


Motu Proprio of the Holy Father, Pope Francis
concerning the temporal goods of the Holy See

The temporal goods that the Church possesses are intended to achieve her divine purpose, and that is divine worship, support for the clergy, the apostolate and works of charity, especially in service to the poor (cf Canon 1254 §2 of the Code of Canon Law).  Therefore, the Church has the responsibility to pay maximum attention to the administration of her economic resources so that they may always be at the service of these purposes.

For this reason, the Holy See pays particular attention to ensuring the management of her wealth.  For this reason, on 24 February 2014, I instituted, with the Motu Proprio Fidelis despensator et prudens, three new organizations, namely the Council for the Economy, the Secretariat for the Economy and the Office of the Auditor General, outlining the responsibilities for each of them.  Subsequently, on 22 February 2015, I approved ad experimentum, the Statutes of these organizations.

Some time has elapsed since then, and the lived experience of the practical implementation of the Statutes has demonstrated a need for further action in view of their correct interpretation and concrete application, in the light of fundamental responsibilities outlined in the Letter Fidelis dispensator et prudens.  In particular, there is a need to better outline the respective activities between the Secretariat for the Economy and the Administration of the Patrimony of the Apostolic See, the path that they should follow and their mutual coordination.

With this present Letter, specifying its establishment and modifying that which appears in need of amendment, I intend to reaffirm the fundamental directive that needs to be separated in a definitive and unequivocal way for the direct monitoring and surveillance of management activity.  For this reason, it is of utmost importance that the supervisory bodies are separate from those which are to be supervised.  What follows, as a first rule, is a clear distinction of responsibilities between the Administration of the Patrimony of the Holy See and the Secretariat for the Economy, in the sense that the first has responsibility for the administration of property and financial management, while the second has control and supervisory responsibility for the supervision of directors and management.

Consequently, after having carefully examined the matter in question, and having duly consulted, I decree the following:

1.  The Section for the control and supervision of the Secretariat for the Economy has responsibility for monitoring and supervising the activity of the Administration of the Patrimony of the Holy See.  This includes:

a)  in issuing general executive decrees and instructions, in accordance with Article 6, §1 of the Statutes of the Secretariat for the Economy, after having carried out adequate consultation in accordance with the provisions of Article 7 of the same Statutes;

b) to provide assistance and support in regard to Article 6, §2 of the Statutes of the Secretariat for the Economy;

c) performing all activities of monitoring, verification, analysis and proposals in relation to the norms outlined in Article 8 of the Statues of the Secretariat for the Economy;

d) to submit annually to the Council for the Economy, a budget and a summary of accounts of the Administration of the Patrimony of the Holy See, in conformity with Article 9, §1 of the Statutes of the Secretariat for the Economy;

e) to make recommendations and/or to request information and documentation according to Article 9, §2 of the Statutes of the Secretariat for the Economy;

f) approving, based on criteria established by Higher Authorities in accordance with Article 11 of the Statutes of the Secretariat for the Economy, every act of alienation, acquisition or extraordinary administration established by the Administration for the Patrimony of the Holy See;

g) ensuring that there are adequate corrective measures, whenever it becomes aware of possible damage to property, in accordance with Article 12 of the Statutes of the Secretariat for the Economy;

h) in requesting the Office of the Auditor General to undertake specific revisions according to Article 13 of the Statutes of the Secretariat for the Economy;

i) in carrying out the provisions of Article 14 of the Statutes of the Secretariat for the Economy, concerning the exchange of information of a financial nature that may involve the Administration of the Patrimony of the Holy See.

2.  The Administrative Section of the Secretariat for the Economy is responsible for, with reference to the Administration of the Patrimony of the Holy See:

a) formulating guidelines, models, procedures and indications for the best practices for procurement, according to Article 15 of the Statutes of the Secretariat for the Economy, which the Adminstration of the Patrimony of the Holy See should follow in the acquisition of goods and services, for itself and for the Dicasteries and Institutions that depend on it;

b) fulfilling - without prejudice to the proper competences of the Secretariat of State - all that relates to the personnel according to Article 16 of the Statutes of the Secretariat of the Economy, except for the payment of salaries, which will continue to be entrusted to the Administration of the Patrimony of the Holy See;

c) ensuring compliance with the regulations, including references to the salary scales for staff members;

d) providing assistance in conformity with their respective Statutes, to the Pension Fund and the Health Care Fund, according to Article 18 of the Statutes of the Secretariat for the Economy.

3.  The Administration for the Patrimony of the Holy See will be responsible for:

a) administering the moveable and immoveable property of the Holy See and that of the entities belonging to it or to which it has entrusted its property, according to the amended text of Article 172 of Pastor Bonus (cf Article 1 of the Motu Proprio Confermando una tradizione plurisecolare, dated 8 July 2014);

b) purchase goods and services from external suppliers for itself, for the Dicasteries of the Holy See and for its related Institutions, according to the appropriate procedures and internal controls, as outlined in the above paragraph 2a;

c) pay the related bills, having received the originals, and recording the related expenses in the budgets of each Dicastery, according to the methodology indicated by the Secretariat for the Economy;

d) carry out related treasury services, paying personal salaries; it is therefore up to the Secretariat for the Economy to determine the appropriate salaries, while it is the responsibility of the Administration of the Patrimony of the Holy See to pay said salaries;

e) follow the rules and guidelines dictated by the Secretariat for the Economy in terms of keeping the accounts and preparing financial statements;

f) draw up its own budget, separate from that of the Dicasteries, in order that each has separate accounts and budgets, even though they all follow the methodologies outlined by the Secretariat for the Economy;

g) have at its disposition the appropriate support staff to ensure services to the Dicasteries of the Holy See and for the maintenance of all its buildings;

h) have responsibility for the Peregrinatio ad Petri Sedem (Pilgrimages to the See of Peter).

4.  In the light of the details furnished above, Article 17 of the Statues of the Secretariat of the Economy are hereby abrogated.

5.  For the implementation of the above provisions, I rely on the relevant collaboration of the Superiors of the two Dicasteries in question.  Any issues that may arise will be subject to the decisions of my Delegate, in association with his collaborators.

As I have determined with this Apostolic Letter given Motu Proprio, I order that it be observed in all its parts, notwithstanding anything to the contrary, even if it should be worthy of special mention, and I decree that it should be promulgated by publication in L'Osservatore Romano and enter into effect on the same day, before it is published in the official commentary Acta Apostolicae Sedis.

Given at the Vatican
4 July 2016
the fourth of our Pontificate

Franciscus

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