Folia Theologica et Canonica 6. 28/20 (2017)

IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., An overview on the international relations of the Holy See since the ‘Roman question' until 1967, correlated with the first codification (1917)

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SZABOLCS ANZELM SZUROMI, O.PRAEM.

sources (back to the 4th century)40, moreover the above referred Congress of Vienna (1815). From the text of the CIC (1917) Can. 26541 is quite clear, that the Roman Pontiff had right - as an entirely independent sovereign from the secular rulers - to represent himself by his own diplomats at the states, recognized by the international law.42 The Code listed the legátus a latere, who as Cardinal acted in the person of the Roman Pope in some extraordinary important cases (Can. 266)43; the nuncio or internuncio, whom was accredited by the Floly See with stable diplomatic status to the government of some state, keeping diplomatic connection and constant contact between the Holy See and the state (Can. 267 §1). Nevertheless, the nuncio’s mission was also cover the relationship with the local church, to inform on that the Holy See, in particular regarding the possible new bishops and the circumstances of the ecclesiastical provinces. His status was equal with the ambassadors, and based on the classification of the Congress of Vienna (1815) he preceded every other ambassador within the diplomatic coips. The nunciature within the canonical - not in the international law - could have a first or second class status. The second class of the stable papal diplomats was the internuncio. The internuncio was not leader of the diplomatic corp of his official place. Finally, there was the class of apostolic delegate (Can. 267 §2) who had ordinary authority in those cases which were entrusted him by the Holy See. They were working in those countries which did not have diplomatic relation with the Holy See. In the CIC (1917) remained the antic status of ‘legátus natus’, those who had the legate title based on 'native right’, means, the status were attached to a primate or metropolitan see (Can. 270).44 This title did not authorize to any real right or obligation that person who had the privilege to use it.

40 X 1.30.3-5: Friedberg, Ae. (ed.), Corpus iuris canonici, II. Lipsiae 1881. 183-185; VI 1.15.3: Friedberg II. 984; cf. Szuromi, Sz. A., Az egyházi intézményrendszer története, 301.

41 CIC (1917) Can. 265 - Romano Pontifici ius est, a civili potestate independens, in quamlibet mundi partem Legates cum vei sine ecclesiastica iurisdictione mittendi.

42 Vermeersch, A. - Creusen, J., Epitome iuris canonici, I. 215-216; in detailed, cf. Cardinale, I., Le Saint-Siège et la diplomatie, Paris 1963.

43 CIC ( 1917) Can. 266 - Dicitur Legátus a latere Cardinalis qui a Summo Pontifìce tanquam alter ego cum hoc titolo mittitur, et tantum potest, quantum ei a Summo Pontifìce demandatum est.

44 CIC (1917) Can. 270 - Episcopis qui, ratione sedis, titulo Legati Apostolici decorantur, nullum exinde competit speciale ius.