Criterios inspiradores de la reforma del proceso de nulidad

Abstract

This paper presents the technical means by which each of the criteria has been framed, and to what extent the means employed may be regarded as leading to the achievement of the desired objective (efficiency and cost-free nature of nullity processes, so as to better serve the salvation of souls). Measures that strengthen the responsibility of the bishop in his diocese are clear and effective in achieving this end: both in the processes in which he acts as a judge and in the greater discretion he enjoys in appointing a single judge and lay judges, without sharing such responsibility with the Episcopal Conference. However, greater discretion in the appointment of judges may also be read as a measure that favors episcopal collegiality less than was foreseen prior to the reform. Following the reform, each diocesan Bishop enjoys greater autonomy in his diocese, with no requirement of approval from the Episcopal Conference, which is a structure of government at the service of episcopal collegiality and communion.