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CHAPTER III.

THE TRIBUNALS OF THE APOSTOLIC SEE

Can.  1442 The Roman Pontiff is the supreme judge for the entire Catholic world; he renders judicial decisions personally, through the ordinary tribunals of the Apostolic See, or through judges he has delegated.

Can.  1443 The Roman Rota is the ordinary tribunal established by the Roman Pontiff to receive appeals.

Can.  1444 §1. The Roman Rota judges:

1/ in second instance, cases which have been adjudicated by the ordinary tribunals of first instance and brought before the Holy See through legitimate appeal;

2/ in third or further instance, cases which the Roman Rota or any other tribunals have already adjudicated unless the matter is a res iudicata.

§2. This tribunal also judges in first instance the cases mentioned in can. 1405, §3 and others which the Roman Pontiff, either motu proprio or at the request of the parties, has called to his own tribunal and entrusted to the Roman Rota; unless the rescript entrusting the function provides otherwise, the Rota also judges these cases in second and further instance.

Can.  1445 §1. The supreme tribunal of the Apostolic Signatura adjudicates:

1/ complaints of nullity, petitions for restitutio in integrum and other recourses against rotal sentences;

2/ recourses in cases concerning the status of persons which the Roman Rota refused to admit to a new examination;

3/ exceptions of suspicion and other cases against the auditors of the Roman Rota for acts done in the exercise of their function;

4/ conflicts of competence mentioned in can. 1416.

§2. This tribunal deals with conflicts which have arisen from an act of ecclesiastical administrative power and are brought before it legitimately, with other administrative controversies which the Roman Pontiff or the dicasteries of the Roman Curia bring before it, and with a conflict of competence among these dicasteries.

§3. Furthermore it is for this supreme tribunal:

1/ to watch over the correct administration of justice and discipline advocates or procurators if necessary;

2/ to extend the competence of tribunals;

3/ to promote and approve the erection of the tribunals mentioned in cann. 1423 and 1439.

 




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