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)

FOLIA THEOLOOICA ET CANONICA (2017) 105-1 17

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)*

Introduction; I. Political and International Legal Milieu, /. 'Roman Question’, 2. The Great War and Pope Benedict XV; II. The Secretariat of State and the Legates of the Roman Pontiff; III. The Holy See’s Active Participation in the International Relations Based on the CIC ( 1917); Conclusion

Introduction

Since the beginning of the 19"’ century has become widely accepted in the so called “continental legal systems” the necessity of the codification (i.e. Code Civil [ 1804]). It was a rational consequence of the already existing unhandily and over-multiplied legal sources and those many loopholes which aggravated the day-to-day work of the legal systems. This new form, like the codified law, should be based on clear principles in order to regulate in a complex form an entire legal field, and its norms should be as general as possible to be applicable for any variation of cases of law. This norm had to take place on the top of the hierarchy of legal sources, well known (published and promulgated) by every subject of it.1 As Pietro Gasparri had explained in his introduction, written to the Pius-Benedict Code, the reason for the canonical codification was quite the same.2 The numerous canonical norms from different times and circumstances, define the right source with correct interpretation based on the many parallel regulations, the several alterations within the texts on the similar cases had made too difficult to establish the canonically proper conclusion of the process.' There were still many loopholes and misinterpretations within the canonical system

* This publication was written in the St. Michael’s Abbey of the Norbertine Fathers (Silverado, CA), in the Collegio S. Norberto (Rome), and in the International Canon Law History Center (Budapest). This text is an extended version of my presentation at the international conference: Non nova sed nove - Codex ittris canonici ( 1917) [Catholic University of Lublin, on October 18,h 2017), which was made with the support of KAP 17-63018-3.6-JÁK project.

1 Plöchl, W„ Geschichte des Kirchenrechts, V. Wien-München 1969. 301-302.

2 Stickler, A. M., História iuris canonici latini (Institutiones academicae. História fontium I), Roma 1950. 380-383.

3 Codex Iuris Canonici (1917), Praefatio, xxxiv-xl.