Motu Proprio Mitis Iudex Dominus Research Articles

The Status and Duties of Ecclesiastical Judges in Cases Concerning the Nullity of Marriage

The author discusses the status and duties of an ecclesiastical judge in processes concerning the declaration of nullity of marriage under canon law. The author addresses the requirements for candidates for the office of judge and highlights the changes introduced by the Motu Proprio Mitis Iudex Dominus Iesus in 2015. Next, the duties of the ecclesiastical judge in a matrimonial process are covered. First, the author points to the general duties and focuses on the most relevant ones. Second, the judge’s more specific duties are addressed. A major research problem investigated is who can be an ecclesiastical judge and what requirements the candidates must meet, both in the light of ecclesiastical and natural law. The author does not omit to discuss the origin of the power to judge and its consequences. The article cites papal speeches to the members of the Tribunal of the Roman Rota. They are a valuable source of guidance on exercising the power to judge. Special attention is paid to the ministry of the bishop as the first judge, as well as in light of the changes introduced by Pope Francis.

The Principle of Contradiction Following the Reform by Pope Francis of the Process to Declare Nullity of Marriage (Libellus and the Subject-Matter of the Process)

The article covers the influence of Pope Francis’ Apostolic Letter motu proprio Mitis Iudex Dominus Iesus on the scope of the principle of contradiction in matrimonial nullity trials. This article will present certain remarks concerning the effect of Pope Francis’s process reform on the extent of the principle of contradiction in respect of such constituting factors of that principle as: the libellus; identification of the subject-matter of the process. In conclusion, it should be stated that Pope Francis’ trial reform of 2015 extended the scope of the principle of adversarial in matrimonial nullity trial.

Doctrine, Law, and Practice in Light of Mitis Iudex and Amoris laetitia

There are many points pertaining to justice and mercy in relation to doctrine, canon law, and pastoral practices regarding marriage and divorce that have arisen from two documents issued by His Holiness Pope Francis: first, his motu proprio Mitis Iudex Dominus Iesus, by which the canons of the Code of Canon Law pertaining to cases regarding the nullity of marriage were reformed; second, his post-synodal apostolic exhortation Amoris laetitia, on love in the family. Among the questions addressed in this article are: how can God be just and merciful at the same time? Can there be mercy without judgment? May those who have divorced and remarried without a declaration of nullity receive Holy Communion? This article describes how a well-formed conscience enables us to experience God's mercy and looks at how the moral law, canon law or church law, and civil law bind us and how they free us.

Jog az Egyház hagyományában es életében by Péter Erdő

Reviewed by: Jog az Egyház hagyományában es életében by Péter Erdő Richard Bona Jog az Egyház hagyományában es életében, by Péter Erdő. Budapest: Szent István Társulat, 2016. Pp. 7–488. For the twentieth anniversary of the founding of the Institute of Canon Law (ad instar facultatis) of the Pázmány Péter Catholic University (Budapest), His Eminence Péter Cardinal Erdő compiled a collection of his most recent works under the title Jog az Egyház hagyományában es életében (Law in the Tradition and Life of the Church). The book is written in Hungarian but includes tables of contents for Italian and English readers as well. However, the English version does not always employ the correct canonical idiom. The volume contains nineteen studies—all previously published articles and lectures—with the oldest being from 2004. Thirteen of these works have appeared also in other languages: twelve in Italian and one each in German and English. For the publication of this volume, several articles have been updated, modified, or enlarged. Borrowing from the structure employed by the 1983 Code of Canon Law, Cardinal Erdő organizes his work into five areas: fundamental concepts and general norms, juridical organization of the People of God, [End Page 235] sanctifying function of the Church, questions of ecclesiastical penal law, and procedural problems. Within these areas he devotes attention to the theology of canon law, unjust laws and religious liberty, the Church-State relationship, and the notions of ecclesiastical office and administrative law. He also explores the possibilities of advancement of ecumenism through the 1983 code’s conceptual elements and the potential of the principle of reciprocity not only with other Churches sui iuris, but also with other Christian denominations. The collection of these works gives evidence of Erdő’s predilection for historical analysis of different canonical elements. Thus, in this volume, one finds examination of the canonization of St. Elizabeth of Hungary, healthcare issues in medieval canon law, study of the requirement to know the language of the faithful for the appointment of a pastor, the canonical punishment of archers and arbalesters, the role of primates in the Western Church, the history of ecclesial affiliation of the city of Budapest, and the canonical investigation of the impeded see of the Archdiocese of Esztergom in the wake of Cardinal Mindszenty’s arrest. Concerning the ius vigens, Cardinal Erdő comments on papal primacy, the application of rule thirteen of the Regula iuris in the present canon law, reform of the Eastern liturgies after the Second Vatican Council, and the motu proprio Mitis Iudex Dominus Iesus. The articles and lectures of Jog az Egyház hagyományában es életében demonstrate the breadth of Cardinal Erdő’s canonical research. In an era in which most scientific fields display a pronounced trend toward specialization, works exhibiting polymathic character are rare. Yet, His Eminence still delivers competent and uniquely valuable studies, impressive in range and meticulous in detail. While these virtues could in principle expand interest in the author’s efforts, the present volume, unfortunately, is beneficial only for those who read Hungarian. More serious readers of Cardinal Erdő may find this book helpful as well, as it contains updated and enlarged versions of some of his earlier published work. [End Page 236] Richard Bona Diocese of Cleveland Cleveland, OH Copyright © 2021 The Catholic University of America Press

The Appeal According to Motu Proprio Mitis Iudex Dominus Iesus – Selected Issues

The legislator in can. 1680 MIDI provides new appealing rules, which cause many new issues requiring detailed clarification. First of them is reference to cases ended in first instance with so-called positive or negative sentence. Further is an appealing duty by the defender of the bond. Very interesting and requiring to detail issue is the appeal for deferment. Also, many difficulties with the interpretation raises appeal in the briefer process before the bishop.

A composição dos tribunais diocesanos na reforma dos processos de nulidade matrimonial

O Motu proprio Mitis Iudex Dominus Iesus propõe uma maior celeridade e acessibilidade nos processos de nulidade matrimonial aos fiéis. Tendo em conta que este objetivo muitas vezes é dificultado pela insuficiência de ministros qualificados para administrar a justiça, é oportuno refletir sobre o cânon 1673 do Motu Proprio. Tal cânon abre a possibilidade de que o tribunal seja composto em sua maioria por juízes leigos, bem como amplia as faculdades do Bispo seja de associarem-se a um tribunal vizinho, seja de confiarem as causas a um juiz único. O artigo reflete sobre as vantagens e desvantagens dos tribunais colegiais e monocráticos, dando prioridade à composição colegial. Nos casos de impossibilidade, podem-se confiar as causas a um juiz único, assistido por assessores. É importante promover a formação e a qualificação jurídica desses últimos, de modo que prestem um serviço de qualidade aos juízes.

DIALÉCTICA DEL MATRIMONIO CATÓLICO. INDISOLUBILIDAD VS. NULIDAD. LA RECIENTE REFORMA INTEGRAL DEL ITER PROCEDIMENTAL DE NULIDAD DEL MATRIMONIO ECLESIÁSTICO Y SUS EFECTOS JURÍDICO-RELIGIOSOS

The complex world of these days, with religious uncertainty, with denial of elementary institutions such as marriage, especially in the heart of the Catholic Church, makes that this article starts with an elementary concepts exploration to understand the dialectics of the infallible principle of matrimonial indissolubility in the face of the nullity process of the religious matrimonial bond. From a doctrinal revision with synodalhermeneutics, the theology of stability and indissolubility is canonized, by widely expressing is a lifelong consortium, and with a normative and axiological method, this research condenses that the recent comprehensive reform of the procedural iter of the ecclesiastical marriage nullity exposed by the Pope Francisco Motu proprioMitis Iudex Dominus Iesus and Mitis et Misericors Iesus, introduces ex novo the process called breviore of judicial nature, with juridical-religious repercussions and effects of great relevance.

“Si appellatio mere dilatoria evidenter appareat”: alcune note a margine dei cann. 1680, § 2, e 1687, § 4, C.i.c. post Mitis Iudex Dominus Iesus

SOMMARIO: 1. Il background di una riforma “missionaria” - 2. Insidie ermeneutiche della clausola - 3. Esegesi soggettive e oggettive: limiti applicativi - 4. Una versione mediata: la valutazione sull’appello come indagine de merito causae - 5. L’applicazione della clausola al processo ordinario … - 6. … e al processus brevior - 7. Considerazioni conclusive . “Si appellatio mere dilatoria evidenter appareat”: some considerations on the sidelines of cann. 1682, § 2 and 1687, § 4 C.i.c. after the motu proprio Mitis Iudex Dominus Iesus ABSTRACT: The paper aims to analyze the problems underlying the clause that states “ si appellatio mere dilatoria evidenter apparea t”, introduced with the Motu proprio “ Mitis Iudex Dominus Iesus ” with whom Pope Francis has reformed the processes of marriage nullity in 2015. Beyond the mere terminologic matter, which has also committed the doctrine, given the imperfect clarity of the terms of which the clause is composed, what is at stake is the right of appeal granted to the losing party following a decision “ pro nullitate matrimonii ”. Legislative innovation must be lowered whithin a broader field of reform, where it’s called to interface with the background of ordinary process and of the new processus br evior, that has the primary goal to chase after the speed-up of processes. The risk of subjectivism in which the judges could fall, focusing on the mere intentions of the appellant subject or on the simple reasons given, and not giving rise to a complete judgment where to reach moral certainty, should be avoided in order to safeguard the aspiration of justice that canon law can not not have, and that precise connotations in terms of faith have only to contribute increasing.

Specyfika wyrokowania w kanonicznym procesie skróconym o nieważność małżeństwa

The briefer process of the nullity of marriage is one of the most important reform introduced by Pope Francis in motu proprio Mitis Iudex Dominus Iesus . This new institu­tion attributes to the diocesan bishop a very direct and decisive role which emphasizes his importance as a first judge in the particular Church for which he was entrusted. According to MIDI the judge is to be the bishop himself, who, due to his pastoral office, is with Peter the greatest guarantor of Catholic unity in faith and discipline. In the briefer process of the nullity of marriage the diocesan bishop, having consulted with the instructor and the assessor and having considered the observations of the defender of the bond and, if there are any, the defense briefs of the parties, is to issue the sentence, if moral certitude about the nullity of marriage is reached. The bishop does not reach his decision based on a subjective opinion but on a judgment about what is certain and possible to proof on the basis of the evidence and arguments that have been presented in the process. The only definitive decision the bishop may make is that the nullity of marriage is estab­lished, which decision is executable if it is not appealed after fifteen days from publication of the definitive sentence. There is no room for a negative sentence because when the bishop is not morally certain of nullity of marriage then he issues a decree and refers the case to the ordinary method.

Riflessioni sull’origine sinodale del processus brevior coram Episcopo

SOMMARIO: 1. Premessa - 2. La preparazione del biennio sinodale - 3. Il dibattito sulle proposte di snellimento dei processi matrimoniali nell’Assemblea Straordinaria del 2014 - 4. La preparazione dell’Assemblea Ordinaria e l’accoglienza della riforma in Sinodo - 5. Conclusioni. Reflections on the Synodal origin of the processus brevior coram Episcopo. ABSTRACT: The aim of this paper is to demonstrate how the main aspect of the motu proprio Mitis Iudex Dominus Iesus signed by Pope Francis - the role of judge accorded to the Bishop especially in the new briefer process - cannot be linked to the suggestions of the two assemblies of the Synod of Bishops on the Family summoned in 2014 and 2015, as the Pontiff himself and many Authors have instead affirmed. Attention is mainly given to the documents of the first gathering: the preliminary questionary, the Instrumentum laboris, the mid-Synod relations and the Relatio finalis offered as a draft for the 2015 Assembly. The analysis of these documents prove that many of those involved in the synodal process showed great concern on the perspective of a Bishop acting himself as a judge, openly suggesting to avoid this solution. In the conclusion, a reflection is made on how the process that conducted to this reform often lacked those principles of synodality and collegiality frequently described as Francis’ key principles in the Church's guidance.

La reforma del proceso canónico de nulidad del matrimonio Algunas claves de lectura desde el magisterio del Papa Francisco

This paper analyzes the most relevant aspects of the reform of the canonical process of of marriage carried out through the Motu Proprio Mitis Iudex Dominus Iesus (2015). The author proposes some keys to understand this reform from the teachings of Pope Francis, especially in the three speeches to the Tribunal of the Roman Rota. Three aspects are examined in particular: the pastoral mission of ecclesiastical tribunals; the concept of manifest nullity of the shortest process and the question of the relevance of the faith in the validity of canonical marriage. The text also refers to the last Synods of the Catholic Church on the family (in 2014 and 2015) and to the Apostolic Exhortation of Pope Francis Amoris laetitia.

Analiza i ocena skutków wprowadzenia motu proprio Mitis Iudex Dominus Iesus w zakresie określania właściwości miejscowej

The amendments caused by motu proprio Mitis Iudex Dominus Iesus are currently broadly discussed, court’s employees are trying to cope with it and they are doing their best it in order to implement the new regulations and adapt them to their everyday work. The analysis and considerations within the article aim at presenting the changes made in those regulations. The author focuses on how the defining of local jurisdiction of courts entitled to adjudicate in particular case, has been broadened. The potential dangers and risks that may arise due to the amendments have been defined and presented on the basis of analysis of the regulations from over last hundred years. Those risks are relevant both in the context of searching for the Truth as well as smooth operating of Church courts. The main source of those risks is people’s (petitioners’) attitude, not serious enough and superficial, toward the case of invalidity of the marriage. The author enumerates that their priority is to finalize the case quickly and efficiently as well as to minimalize the court costs. In the author’s opinion the foresight is needed in order to prevent and counteract the effects of this kind of malpractices.

La potestad judicial del Obispo en el M. Pr. Mitis Iudex

This paper analyses the role of the bishop as judge in light of Motu Proprio Mitis Iudex Dominus Iesus, promulgated by Pope Francis on 15 August 2015. The analysis addresses these four main issues: 1. is the normative character of the text an innovation or a rediscovery? 2. the historical background; 3. the requirements of the new legislation; and 4. problematic issues and challenges. The first two points lay the groundwork for further consideration, while the latter two aim to clarify the scope of the legislation and highlight potential challenges in its application. Indeed, the final point is framed as an «open conclusion», as responses may be expected to arise through both the experience of Bishop-Judges in carrying out their juridical role and in the application of the legislation contained in the Motu Proprio.

Proces skrócony o nieważność małżeństwa przed biskupem

Pope Francis through motu proprio Mitis Iudex Dominus Iesus introduced a series of reforms of marriage processes. The most important of them was introducing the new institution of the briefer matrimonial process. Proceeding with the cases of the nullity of marriage with the briefer process can be taken whenever the petition is proposed by both spouses and in the circumstances of recurring evidences which render the nullity manifest (can. 1683).

La dimensión jurídica del matrimonio canónico a la luz del magisterio reciente. Observaciones a propósito de la reforma del proceso de nulidad realizado por el Motu Proprio "Mitis Iudex"

The recent Synods of the Catholic Church on the family (in 2014 and 2015) have highlighted the difficulty people may experience in understanding God’s plan for marriage. This article analyzes the legal elements that constitute the substance of Christian marriage in the light of the teachings of the last three popes (John Paul II, Benedict XVI and Francis). It shows that the Church maintains its traditional teaching about the natural character of marriage as an institution, affirming the possibility of «connatural» knowledge (as described by St. Thomas Aquinas). The mediation of postmodern culture may compromise our understanding of marriage as planned by God. The second part of the article applies the essential legal categories of marriage to some aspects of the reform of the matrimonial nullity process carried out by Pope Francis in the Motu Proprio Mitis Iudex Dominus Iesus in 2015.

The Pre-Judicial and Pastoral Inquiries in the Motu Proprio Mitis Iudex Dominus Iesus: Legislative Novelties and Critical Aspects

The contribution examines on the one hand the regulatory guidelines offered by the Pope about the prejudicial or pastoral inquiry in the wider context of the reform of the procedures for the declaration of marriage nullity, and on the other wants to emphasize the role of ecclesiastical lawyer in this particular inquiry, presenting the problematic aspects of the reform both in the judicial phase and in the broader pastoral horizon of the reform.

Mitis Iudex: Fuero competente y sistema de apelaciones

Two new norms regulating marriage nullity processes came into effect on 8 December 2015. These norms were established by Pope Francis in his motu proprio Mitis Iudex Dominus Iesus and motu proprio Mitis et misericors Iesus, the first for the Latin Church and the second for the Eastern churches. The present article offers an overview of motu proprio Mitis Iudex Dominus Iesus, with reference to the most significant developments concerning the issues of competent forum and the appeals system.

A First Approach to the Reform of the Process for the Declaration of Nullity of Marriage

After a short preliminary part that concerns especially the state and activity of ecclesiastical tribunals in the world, the author offers a brief presentation of the motu proprio Mitis Iudex Dominus Iesus. In the third part of the contribution, the author considers the intention behind the reform and some of its key points and compares these elements with the Final Report of the Extraordinary General Assembly of the Synod of Bishops of 2014. The author emphasizes that it is too early for an in-depth study of the matter and that the exposition is only a first approach. He strongly welcomes the fact that for the cases of marriage nullity no administrative process was introduced by the new motu proprio, and that the process remains a judicial one, which offers the best guarantees for discovering the truth concerning the marriage bond and protecting its indissolubility. The author concludes by stating that many bishops in the recent meetings of the Synod of Bishops criticized the existing matrimonial nullity process and that Pope Francis is now challenging them to make his reform of the process work.

Reflections on the Role of the Diocesan Bishop Envisioned by Mitis Iudex Dominus Iesus

The author, himself a diocesan bishop, offers some reflections on the role of the diocesan bishop envisioned by the motu proprio Mitis Iudex Dominus Iesus . In order to gain a proper understanding of Mitis Iudex Dominus Iesus , the author considers it essential to place the document in its proper context. For that to happen, it requires to have a sense of the legislator, that is, of Pope Francis, to be able to see this particular legislative action in the overall context of his way of exercising the Petrine ministry. There is a great deal of seemingly intentional repetition in what Pope Francis has offered to the Church and to the world at large in the three years since his election. This repetition helps us identify certain emphases in his ministry that in turn give us a better understanding of Mitis Iudex Dominus Iesus .

Mitis Iudex Dominus Iesus – nadzieje i obawy sądownictwa kościelnego w sprawach o nieważność małżeństwa

The article reflects upon the question of modifications in canonical matrimonial processes caused by pope Francis’ motu proprio Mitis Iudex Dominus Iesus. Some of the issues brought up by the author are: changes of tribunals’ competences in matrimonial cases, collegiality of the tribunal, the sufficiency and enforceability of the sentence after the affirmative decision of the first instance and both the positive and negative effects of designing a briefer form of trying nullity cases called processus matrimonialis brevior coram Episcopo.