4. Law and legislation
Holy See
Last update: November, 2017
The Code of Canon Law, promulgated by the Sovereign Pontiff in 1983, provides the general framework for the entire legal activity of the Church, and its fifth book is dedicated to the temporal goods. Canons 1254 - 1310 supply the guidelines for ecclesiastical acquisition, custody, administration and alienation of goods, including cultural goods. Canon n. 22 permits, in some cases, the canonisation of civil law, and those canons which align ecclesiastical requirements regarding temporal goods with civil law 1274,§5; 1284,§2,2°-3°; 1286,1°; 1290; 1299,§2; 1500.
The Roman Curia is ruled according to the Apostolic Constitution Pastor Bonus (1988), which specifies the number, jurisdiction and composition of the different bodies within the Roman Curia.
For the Vatican City State, the Fundamental Law was issued in 2000, and became effective on 22 February 2001.
Last update: November, 2017
The budget for the Holy See's institutions is approved each year by the Secretariat of State. Given the special nature of the Holy See, there is no allocation of public funds to private bodies.
Last update: November, 2017
Every person working for the Holy See or in the Vatican City State is protected by the Social Security System, called Fondo Assistenza Sanitaria, which covers health care and social protection.
There is no specific legislation for artists. However, John Paul II's 2000 Letter to Artists contains a statement of principle on the relationship between the Church and artists. See https://w2.vatican.va/content/john-paul-ii/en/letters/1999/documents/hf_jp-ii_let_23041999_artists.html
Last update: November, 2017
There are no taxes on business activities or income in the Vatican City State. However, agreements with foreign private, public-owned companies or cultural foundations are certainly viewed by the Church as positive, so long as the partner company or foundation respects the special pastoral nature of the Holy See.
The principles of co-operation with companies or foundations for the restoration of artistic and cultural goods belonging to the Holy See are governed by the Law for the Protection of Cultural Goods of 25 July 2001 (see chapter 3.1). The acquisition of rights to television material of the Sovereign Pontiff and the activities of the Holy See or Vatican City requires permission from the Pontifical Council for Social Communications and a contract with the Vatican Television Centre.
Last update: November, 2017
The main labour regulation is contained in the General Regulation of the Roman Curia (Regolamento Generale della Curia Romana), issued on April 30th, 1999.
Last update: November, 2017
The Holy See has signed the following international conventions and agreements:
- the Berne Convention for the Protection of Literary and Artistic Works, 24 July 1971, signed and ratified by the Holy See and Vatican City State on 20 January 1975;
- the Convention Establishing the World Intellectual Property Organisation (WIPO), 14 July 1967, signed and ratified by the Holy See and Vatican City State on 20 January 1975;
- the Multilateral Convention for the Avoidance of Double Taxation of Copyright Royalties, UNESCO-WIPO, 13 December 1979; and
- the Universal Copyright Convention, or Paris Act, 24 July 1971, ratified by the Holy See on 6 February 1980.
Last update: November, 2017
There are no specific regulations concerning data protection.
Last update: November, 2017
Due to the special nature of the Holy See and the Vatican City, there are no language laws governing language in the cultural sector.
Information is currently not available.
Last update: November, 2017
Given the special nature of the Vatican City, only the Sovereign Pontiff has the authority to create, modify or suppress a cultural institution, while in each diocese the bishop, assisted by his pastoral council, has autonomous power on cultural matters, always respecting the right of the faithful to create cultural institutions. As a body for co-ordination and promotion, the Pontifical Council for Culture has no jurisdiction over the other cultural institutions of the Holy See.
According to the Code of Canon Law, individual dioceses, eparchies, parishes, religious orders and associations are the legitimate owners of their own cultural property. Many of these, following national guidelines, have come to special agreements with the legislative and administrative authorities of the states in which they exist for the protection and preservation of ecclesiastical cultural property, particularly when this has been designated a national monument. This autonomy with regard to states makes it impossible to give an overall view of the variety of legislation in this area. The Pontifical Commission for the Cultural Goods of the Church is intended to encourage attention to the preservation of local Churches' cultural heritage through ad hoc commissions and the publication of guidelines (see chapter 3.1).
For the Vatican City, the Permanent Commission for the Care of Historical and Artistic Monuments of the Holy See is responsible for the protection and preservation of the Holy See's heritage of cultural goods. There is no private cultural property in the Vatican.
No specific legislation.
No specific legislation.
Information is currently not available.
Last update: November, 2017
Film, video and photography
In order to make films or videos within the Vatican City State, a permit issued by the Pontifical Council for Social Communications is required.
Mass media
The media linked to the Holy See (the Vatican Television Centre, the Vatican Radio, the Osservatore Romano, the Vatican Publishing House and the Vatican Polyglot Press) are all instruments in the service of the pastoral mission of the Sovereign Pontiff and the Holy See.
Last update: November, 2017
No specific legislation.