The Holy See


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The Holy See
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The Holy See - THE  BORGIAS   wiki


The Holy See (Latin: Sancta Sedes) is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and speaks for the whole Catholic Church. It is also recognized by other subjects of international law as a sovereign entity, headed by the Pope, with which diplomatic relations can be maintained.

Although it is often referred to by the ambiguous term "the Vatican", the Holy See is not the same entity as the Vatican City State, which came into existence only in 1929, while the Holy See dates back to early Christian times. Ambassadors are officially accredited not to the Vatican City State but to "The Holy See", and papal representatives to states and international organizations are recognized as representing the Holy See, not the Vatican City State.

While all episcopal sees are "holy", the expression "the Holy See" (without further specification) is normally used in international relations, as a metonym, (as well as in the canon law of the Catholic Church) to refer to the See of Rome viewed as the central government of the Catholic Church. The Holy See as legal person bears many similarities with the crown in the secular Christian monarchies.

Organisation

The Holy See - THE  BORGIAS   wikiThe Pope (Benedict XVI right) governs the Catholic Church through the Roman Curia. The Roman Curia consists of a complex of offices that administer church affairs at the highest level, including the Secretariat of State, nine Congregations, three Tribunals, eleven Pontifical Councils, and seven Pontifical Commissions. The Secretariat of State, under the Cardinal Secretary of State, directs and coordinates the Curia. The incumbent, Cardinal, is the See's equivalent of a prime minister.


The Secretariat of State is the only body of the Curia that is situated within Vatican City. The others are in buildings in different parts of Rome that have extraterritorial rights similar to those of embassies (below right).

Among the most active of the major Curial institutions are the Congregation for the Doctrine of the Faith, which oversees the Catholic Church's doctrine; the Congregation for Bishops, which coordinates the appointment of bishops worldwide; the Congregation for the Evangelization of Peoples, which oversees all missionary activities; and the Pontifical Council for Justice and Peace, which deals with international peace and social issues.

Three tribunals are responsible for judicial power. The Sacred Rota is responsible for normal appeals, including decrees of nullity, with the Apostolic Signatura being the administrative court of appeal and highest ecclesiastical court. The Apostolic Penitentiary is different from those two and, instead of dealing with contentious cases, issues absolutions, dispensations, and indulgences.


The Prefecture for the Economic Affairs of the Holy See coordinates the finances of the Holy See departments and supervises the administration of all offices, whatever be their degree of autonomy, that manage these finances. The most important of these is the Administration of the Patrimony of the Apostolic See.


The Prefecture of the Papal Household is responsible for the organization of the papal household, audiences, and ceremonies (apart from the strictly liturgical part).

The Holy See does not dissolve upon a Pope's death or resignation. It instead operates under a different set of laws sede vacante. During this interregum, the heads of the dicasteries of the Roman Curia (such as the prefects of congregations) cease immediately to hold office, the only exceptions being the Major Penitentiary, who continues his important role regarding absolutions and dispensations, and the Camerlengo of the Holy Roman Church, who administers the temporalities (i.e., properties and finances) of the See of St. Peter during this period. The government of the See, and therefore of the Catholic Church, then falls to the College of Cardinals. Canon Law prohibits the College and the Camerlengo from introducing any innovations or novelties in the government of the Church during this period.

In 2001, the Holy See had a revenue of 422.098 billion Italian Lire (about 202 million USD at the time), and a net income of 17.720 billion Italian lire (about 8 million USD).

Status in International Law

The Holy See has been recognized, both in state practice and in the writing of modern legal scholars, as a subject of public international law, with rights and duties analogous to those of States. Although the Holy See, as distinct from the Vatican City State, does not fulfil the long-established criteria in international law of statehood —having a permanent population, a defined territory, a stable government and the capacity to enter into relations with other states —its possession of full legal personality in international law is shown by the fact that it maintains diplomatic relations with 177 states, that it is a member-state in various intergovernmental international organizations, and that it is: "respected by the international community of sovereign States and treated as a subject of international law having the capacity to engage in diplomatic relations and to enter into binding agreements with one, several, or many states under international law that are largely geared to establish and preserving peace in the world.

Diplomacy



The Holy See - THE  BORGIAS   wikiSince medieval times the episcopal see of Rome has been recognized as a sovereign entity. The Holy See (not the State of Vatican City) maintains formal diplomatic relations with 178 sovereign states, and also with the European Union, and the Sovereign Military Order of Malta, as well as having relations of a special character with the Palestine Liberation Organization; 69 of the diplomatic missions accredited to the Holy See are situated in Rome. The Holy See maintains 180 permanent diplomatic missions abroad, of which 74 are non-residential, so that many of its 106 concrete missions are accredited to two or more countries or international organizations. The diplomatic activities of the Holy See are directed by the Secretariat of State (headed by the Cardinal Secretary of State), through the Section for Relations with States. There are 16 internationally recognized states with which the Holy See does not have relations. The Holy See is the only European subject of international law that has official diplomatic relations with Republic of China (Taiwan).


Relationship with the Vatican City and other territories

The Holy See - THE  BORGIAS   wikiAlthough the Holy See is closely associated with the Vatican City, the independent territory over which the Holy See is sovereign, the two entities are separate and distinct. After the Italian takeover of the Papal States in 1870, the Holy See had no territorial sovereignty. In spite of some uncertainty among jurists as to whether it could continue to act as an independent personality in international matters, the Holy See continued in fact to exercise the right to send and receive diplomatic representatives, maintaining relations with states that included the major powers of Russia, Prussia and Austria-Hungary. Where, in accordance with the decision of the 1815 Congress of Vienna (pictured right), the Nuncio was not only a member of the Diplomatic Corps but its Dean, this arrangement continued to be accepted by the other ambassadors. In the course of the 59 years during which the Holy See held no territorial sovereignty, the number of states that had diplomatic relations with it, which had been reduced to 16, actually increased to 29.


The terms "Holy See" and "Apostolic See"


Every episcopal see is considered holy. In Greek, the adjective "holy" or "sacred" (ἱερά) is constantly applied to all such sees as a matter of course. In the West, the adjective is not commonly added, but it does form part of an official title of two sees: as well as Rome, the Bishopric of Mainz (the former Archbishopric of Mainz), which was also of electoral and primatial rank, bears the title of "the Holy See of Mainz" (Latin: Sancta Sedes Moguntina).

The Holy See - THE  BORGIAS   wikiThe term "see" comes from the Latin word "sedes", meaning "seat", which refers to the
Episcopal Throne (cathadra - pictured left). The term "Apolostic See" can refer to any see founded by one of the Apostles, but, when used with the definite article, it is used in the Catholic Church to refer specifically to the see of the Bishop of Rome, whom that Church sees as successor of Saint Peter, the chief of the Apostles.






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