The following is a guest post by Dante Figueroa, Senior Legal Information Analyst at the Law Library of Congress. The author would like to recognize the collaboration of Samuel Urueta, Summer Intern, in the preparation of this posting.



Currently, the Vatican City State has a population of about 800 people, which makes it one of the least populated countries of the world, and only 450 of its residents have the Vatican citizenship. I was intrigued by this fact and decided to study how citizenship is acquired in the Vatican City State. A review of recent canon law materials, in particularly Benedetto XVI Legislatore (2011), led me to the article entitled, La Nuova Legge Vaticana Sulla Cittadinanza, 22 febbrario 2011, N. CXXXI [The New Vatican Law on Citizenship, February 22, 2011], by Alessio Sarais. Law n. CXXXI of 2011, issued by Pope Benedict XVI, contains the current legislation on citizenship of the Vatican City State.

To understand the context of Law n. CXXXI of 2011, it is helpful to understand the historic background of the creation of the Vatican City State. The Papal States were a group of territories located in the central part of the Italian peninsula which were under the jurisdiction of the Pope between 754 and 1870 . The Vatican City State was founded as a separate sovereign State by the Lateran Pacts signed between the Holy See and Italy on February 11, 1929. Pursuant to these treaties and to international law, the Vatican City State, the Holy See, and Italy are different entities and the relationships between them are multiple and complex. The Holy See represents the universal government of the Catholic Church and is considered a juridical entity under international law but it does not possess the attributes of a sovereign state: territory, population and sovereignity. Article III of the Lateran Pacts contains the recognition by Italy of the Vatican City State’s ownership of the Vatican territories (including Saint Peter’s Square) and its right to grant citizenship to its subjects.

As a consequence of sovereignty, each State determines the ways to acquire citizenship. These systems vary for each nation, but the most usual systems are closely related to three classic factors: the place of birth (ius soli), the blood bonds (ius sanguinis), or/and the place of residence (ius loci). It is normal to see a combination of these factors used in a given national system. However, due to the particularities of the Vatican City State, this sovereign entity has utilized other factors to determine whether a person can be considered as one of its citizens.

The first Vatican legislation on citizenship was Law n. III of July 7, 1929 enacted by Pope Pius XI shortly after the ratification of the Lateran Pacts. Law n. III regulated citizenship, access, entrance of vehicles, and residence in the Vatican City State. It used several criteria to determine Vatican City State citizenship. Some of these criteria, for example, related to the office held by the resident interested in becoming a citizen. Law n. III was followed by some minor regulations and decisions that expanded the notion of Vatican City State citizenship. Among the most important are: (a) the decision issued by Pope Pius XII on July 6, 1940, extending citizenship to diplomats of the Holy See who were not residents of the Vatican City State; and (b) the 2006 Swiss Guard governing statute (Organic, Disciplinary and Administrative Statute of the Pontifical Swiss Guard of January 16 of 2006, Art. 85), which extended citizenship to the members of the Papal garrison.

In February of 2009 Pope Benedict XVI appointed an ad hoc commission with the purpose of drafting a new citizenship law. This commission presented a draft bill to the Pope, who approved it and enacted it as Law n. CXXXI of February 22 of 2011. This Law covers four main aspects of the life in the Vatican City State: citizenship, residence, access, and the penalties for infringement thereof.

Under the new legal regimen, citizenship can be acquired by law (ex iure) or by administrative decision. Ex iure citizenship is granted to only three classes of persons: (a) the Cardinals resident in the Vatican City State or in Rome; (b) the Holy See’s diplomats; and (c) the persons who reside in Vatican City State by reason of their office or service. This last class includes the members of the Swiss Guard.

Pursuant to Law n. CXXXI, the acquisition of citizenship by administrative decision can only be requested in three situations: (a) by residents of the Vatican City State when they are authorized by reason of their office or service; (b) by the persons who have obtained papal authorization to reside in the State, independently of any other conditions; and (c) by the spouses and children of current citizens, who are also residents, of the Vatican City State.

Due to the special nature of the Vatican City State, the traditional factors utilized to acquire citizenship (ius sanguinis, ius loci, or ius soli) are not applicable and are not found in its regulations. In lieu of them, the Vatican City State has opted for other factors that are more appropriate for its structure and political organization.