El objeto del recurso contencioso-admnistrativo en el Derecho Canónico vigente

Abstract

The object of the contentious-administrative recourse are the singular administrative acts issued or approved by the dicasteries of the Roman Curia, whenever it is contended that the impugned act violated some law either in the decision or in the procedure used (cfr. const. Pastor Bonus, art. 123). On the correct interpretation of this norm, it depends that the recourse may observe actually the comprehensive function of guarantee for which it was established. The author analyses, firstly, the canonical concept of administrative act, to conclude that no singular juridical act of the executive power must be excluded from the recourse for motives purely formal. Secondly, he studies the contestability of the administrative acts of the roman dicasteries and, in particular, some problems which the discipline of the administrative silence poses in these confines. Finally, he discusses about the sense of the violation of law as a motive of the recourse and, in connection with this theme, he refers to the limits of the competence of the Apostolic Signatura in resolving these recourses.