Pope Leo XIV has approved a reform of the disciplinary rules governing personnel of the Roman Curia, introducing new safeguards for employees facing proceedings for serious misconduct, including the possibility of legal representation and a longer period in which to submit their defense.
The changes were approved by the pontiff on Oct. 19 through a “Rescriptum ex Audientia Sanctissimi,” a Latin expression referring to a decision or provision approved by the pope following an audience granted to a curial official or ecclesiastical authority.
The document is signed by Cardinal Pietro Parolin, secretary of state, and amends Articles 62 §3, 68 §2, and 68 §4 of the Regulations for Personnel of the Roman Curia.
Changes to the role of the disciplinary commission
The reform introduces a clarification to article 62 §3 to define more precisely the responsibilities of the Roman Curia’s Disciplinary Commission.
The new wording states that the commission shall act in determining certain disciplinary sanctions, “with the exception of suspension for a period of up to 30 days.” As a result, shorter suspensions will no longer require the commission’s involvement, while more serious sanctions will continue to be examined by the body.
The change means that, when an employee commits an offense, the head of a dicastery may now impose a sanction directly, including suspension from work for up to 30 days. Beyond that threshold, the Disciplinary Commission must be involved to assess the appropriateness of the sanction.
Previously, even suspensions of less than 30 days required review by the Disciplinary Commission. Under the new rules, such review is necessary only for suspensions exceeding 30 days.
Another significant change concerns proceedings that could result in a lengthy suspension or dismissal.
Until now, the regulations provided employees with 10 days to submit their explanations after receiving notice of the alleged violations.
The new rule maintains that deadline for ordinary cases but introduces an additional safeguard for more serious situations. Specifically, when the alleged conduct is considered by the head of the department to be “liable to result in a suspension exceeding 30 days or dismissal,” the employee will be granted “15 days to present his or her defense.”
Right to legal assistance
The reform also explicitly incorporates the employee’s right to legal assistance in the most serious disciplinary proceedings.
The new text states that the employee may present a defense “making use, if appropriate, of a lawyer chosen from among the members of the Corps of Lawyers of the Holy See or the Register of Lawyers of the Roman Curia.”
This is a significant innovation within the Curia’s internal regulations, as it expressly provides for legal representation when the potential sanction could involve a lengthy suspension or termination of employment.
Obligation to inform the employee
The amendment to article 68 §4 also establishes new notification requirements for heads of Vatican departments and institutions.
When the head of an entity considers that a “suspension exceeding 30 days or dismissal” is warranted, he or she must forward the case file to the Roman Curia’s Disciplinary Commission and inform the employee “of the measure adopted and of the possibility of making use of his or her own lawyer” from among those authorized under the regulations.
This story was first published by EWTN News Español, the Spanish-language sister service of EWTN News. It has been translated and adapted by EWTN News English.