ECCLESIASTICAL LAWS REGULATING THE DOCTRINE, MISSION, ORGANIZATION AND POLICIES, PRACTICES AND PROCEDURES OF PONTIFICAL ECCLESIASTICAL DIPLOMACY AND THE PONTIFICAL ECCLESIASTICAL FOREIGN SERVICE MINISTRY AND DIPLOMATIC MISSION APOSTOLATE
THE 1983 CODE OF CANON LAW
LEGATES OF THE ROMAN PONTIFF
Can. 362 The Roman Pontiff has the innate and independent right to appoint, send, transfer, and recall his own legates either to particular churches in various nations or regions or to states and public authorities. The norms of international law are to be observed in what pertains to the mission and recall of legates appointed to states.
Can. 363 §1. To the legates of the Roman Pontiff is entrusted the office of representing the Roman Pontiff in a stable manner to particular churches or also to the states and public authorities to which they are sent.
§2. Those who are designated as delegates or observers in a pontifical mission at international councils or at conferences and meetings also represent the Apostolic See.
Can. 364 The principal function of a pontifical legate is daily to make stronger and more effective the bonds of unity which exist between the Apostolic See and particular churches. Therefore, it pertains to the pontifical legate for his own jurisdiction:
1/ to send information to the Apostolic See concerning the conditions of particular churches and everything that touches the life of the Church and the good of souls;
2/ to assist bishops by action and counsel while leaving intact the exercise of their legitimate power;
3/ to foster close relations with the conference of bishops by offering it assistance in every way;
4/ regarding the nomination of bishops, to transmit or propose to the Apostolic See the names of candidates and to instruct the informational process concerning those to be promoted, according to the norms given by the Apostolic See;
5/ to strive to promote matters which pertain to the peace, progress, and cooperative effort of peoples;
6/ to collaborate with bishops so that suitable relations are fostered between the Catholic Church and other Churches or ecclesial communities, and even non-Christian religions;
7/ in associated action with bishops, to protect those things which pertain to the mission of the Church and the Apostolic See before the leaders of the state;
8/ in addition, to exercise the faculties and to fulfill other mandates which the Apostolic See entrusts to him.
Can. 365 §1. It is also the special function of a pontifical legate who at the same time acts as a legate to states according to the norms of international law:
1/ to promote and foster relations between the Apostolic See and the authorities of the state;
2/ to deal with questions which pertain to relations between Church and state and in a special way to deal with the drafting and implementation of concordats and other agreements of this type.
§2. In conducting the affairs mentioned in §1, a pontifical legate, as circumstances suggest, is not to neglect to seek the opinion and counsel of the bishops of the ecclesiastical jurisdiction and is to inform them of the course of affairs.
Can. 366 In view of the particular character of the function of a legate:
1/ the seat of a pontifical legation is exempt from the power of governance of the local ordinary unless it is a question of celebrating marriages;
2/ after he has notified in advance the local ordinaries insofar as possible, a pontifical legate is permitted to perform liturgical celebrations in all churches of his legation, even in pontificals.
Can. 367 The function of a pontifical legate does not cease when the Apostolic See becomes vacant unless the pontifical letter establishes otherwise; it does cease, however, when the mandate has been fulfilled, when the legate has been notified of recall, or when the Roman Pontiff accepts the legate’s resignation.
A LINK TO THE OFFICIAL PAPAL DOCUMENT IN ITALIAN ON PAPAL REPRESENTATIVES: THE 1969 MOTU PROPIO BY POPE PAUL VI, "SOLLICITUDO OMNIUM ECCLESIARUM (ON THE CARE OF ALL THE CHURCHES) (An English Translation is under development).
Note: The text of the Regolamento per le Rappresentanze Pontificie (The Regulation for Pontifical Representatives) published by the Vatican State Office of the Cardinal Secretariate of State on February 22, 1994, and republished in 2003, will be added at a later date.