I Tribunali Ecclesiastici

Abstract

The canonical corpus is a system which is conceived in a human fashion, but it is rationally ordered. Of its nature it is permeated by salvific-sacramental values which puts juridical science at the service of the theological aim of realising the suprema lex (the salus animarum). This has been particularly reflected, in the jurisdictional structure of the Code of 1983, which is divided into two categories: Territorial Tribunals (diocesan and inter-diocesan tribunals of first and second instance) and Apostolic Tribunals (the Supreme Pontiff, the Roman Rota and the Apostolic Signatura). This article makes a didactic analysis of these structures. 1) Territorial Tribunals: canon 1419, 1 lays down the obligation for every diocese to have a structure apt for undertaking judicial functions, which are proper, iure nativo, of the diocesan bishop. Canon 1423 establishes an exception: the possibility of constituting an inter-diocesan Tribunals for neighbouring Ordinaries. Both metropolitan and inter-diocesan tribunals are competent, according to canon 1439, to determine controversies at second instance, once an appeal has been made, in the case of a Tribunal of First Instance which has competence over the territory of a diocese which does not belong to the same ecclesiastical province. 2) The Apostolic Tribunals: the Roman Pontiff may exercise his judicial functions personally (the Pontifical forum includes cases introduced according to can. 1417, or the persons mentioned in can. 1405, 1), or via ad hoc Tribunals, delegated Tribunals, or the route of the Roman Rota or the Apsotolic Signatura. The Roman Rota, competent by ordinary recourse and concurrently for discerning an appeal in all cases, also enjoys absolute competence for third and final instance appeals; and in the first instance for controversies delegated by the Pontiff or reserved according to canon 1405, 3. No less important are the functions described in the Apostolic Constitution Pa