This paper examines the recent practice concerning the relationship between the Order of Malta and the Holy See with the aim to better define the relationship between the Order of Malta and Italy. It is widely known that in Italy both the judiciary and the executive power qualify the Order as a subject of international law. In particular, to provide the Order with immunities and privileges, the judiciary has often relied on the alleged premise of its international legal personality. The same presupposition has been applied by the Italian Government to justify the stipulation of some “agreements” with the Order. The analysis of the references to the Holy See in the new Constitutional Charter of the Order and of the recent interventions of the Holy See in the internal affairs of the Order shows that the Order legally depends on the Holy See and that the aforementioned Italian practice does not rely on legal bases but on a sort of tradition.
