Apostolic Letter issued “Motu Proprio” of the Supreme Pontiff Francis on the limits and modalities of ordinary administration (16 January 2024) (original) (raw)

APOSTOLIC LETTER
ISSUED 'MOTU PROPRIO'

OF THE SUPREME PONTIFF
FRANCIS

ON THE LIMITS AND MODALITIES OF ORDINARY ADMINISTRATION

The limits and modalities (finis et modus) of ordinary administration represent an objective criterion for the application of the principle of subsidiarity in the management of the temporal goods of the Apostolic See. This principle, on the one hand, ensures a healthy autonomy of the Bodies supervised by the Apostolic See, which must act with the "diligence of a good father" (can. 1284 §1 C.I.C.) and, on the other, allows the Authorities responsible for control and supervision to fulfill their institutional functions.

In view of the need to better determine the aforementioned limits and modalities, promoting flexibility, dynamism and transparent efficiency in the performance of the functions of the Curial Institutions, the Offices of the Roman Curia, and the Institutions connected with the Holy See or referring to it, indicated in the list attached to the Statutes of the Council for the Economy, limited to the administrative and financial activities of these Institutions, I establish that the following is to be observed:

Article 1

In accordance with the provisions of Article 208 of the Apostolic Constitution Praedicate Evangelium, with regard to the value criterion for determining which acts performed by the Entities it oversees require, ad validitatem, the approval of the Prefect of the Secretariat for the Economy, the Council for the Economy establishes this criterion in a manner proportionate to the financial capacity of the Entities. Considering this, with reference to the aforementioned value, it is established that said approval must be requested when the act exceeds 2% of the figure resulting from the average calculated on the total costs of the requesting Entity resulting from the approved final budgets for the last three years. In any case, approval is not required for acts with a value of less than €150,000.00.

Article 2

§ 1 The procedure for ad validitatem approval of acts of extraordinary administration must be completed within thirty days from the notification of the request. In the absence of requests for supplementary investigations or documentation, the failure to reply within that term shall be equivalent to an approval of the application.

§ 2 In any case, said procedure shall be concluded within and no later than forty days.

Article 3

§ 1 If the Institution intends to appeal against the measures of the Secretariat for the Economy, it shall submit to the Secretariat, within a peremptory term of fifteen days from the notification, a request for the revocation or amendment of the measure, stating the reasons thereof.

§ 2. In accordance with the rule of law, the Institution shall nevertheless have the right to appeal to the Supreme Tribunal of the Apostolic Signatura.

All that I have resolved by this Apostolic Letter issued Motu Proprio, I order to be observed in all its parts, notwithstanding anything to the contrary, even if worthy of particular mention, and I decree that it be promulgated by publication in the daily newspaper L'Osservatore Romano, coming into force on the day of publication and then inserted in the official commentary of the Acta Apostolicae Sedis.

From the Vatican, the 6th day of January in the year 2024, the eleventh of my Pontificate

FRANCIS

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Holy See Press Office Bulletin, 16 January 2023