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Supreme Tribunal of the Apostolic Signatura
Lex propria of the Supreme Tribunal of the Apostolic Signatura.
TITLE I
CONSTITUTION AND FUNCTIONS
Chapter I.
The Constitution of the Apostolic Signatura
Art. 1. § 1. The Supreme Tribunal of the Apostolic Signatura consists of a group
of Cardinals and Bishops who are appointed by the Supreme Pontiff; a Cardinal
Prefect, chosen by the same Supreme Pontiff, presides over it.
§ 2 Some presbyters[1], of good
reputation, doctors in canon law and endowed with outstanding canonical
knowledge can also be included in the group of Members.
§ 3 Unless it is otherwise provided, the Supreme Tribunal adjudicates causes by
way of colleges, without prejudice to the faculty of the Prefect to refer them
to the Plenary session of the Signatura.
§ 4 When the Holy See is vacant, the Prefect and the Members cease from their
function.
Art. 2. § 1. The Secretary assists the Prefect in directing the affairs and
personnel of the Apostolic Signatura.
§ 2. When the Holy See is vacant, the Secretary sees to the ordinary direction
of the Apostolic Signatura, carrying out only ordinary affairs; but he needs the
confirmation of the Supreme Pontiff within three months of his election.
Art. 3. The Promoter of Justice, the Defender of the Bond, the Substitute
Promoters of Justice and the Head of the Chancery, as well as a suitable number
of Officials and Assistants offer service in the Tribunal.[2]
It is also assisted by Referendaries as its consultors.
Art. 4. The Secretary, the Promoter of Justice, the Defender of the Bond, the
Substitute Promoters of Justice, inasmuch as they are major Officials, as well
as Referendaries, are appointed by the Supreme Pontiff. The other Officials and
Assistants are taken on according to the norm of the General Regulations of
the Roman Curia.
Chapter II.
The Individual Functions
Art. 5. § 1. The Prefect governs the Apostolic Signatura, directs it, and acts
in its name.
§ 2. It is principally his responsibility:
1° to constitute a College of Judges or convoke the Plenary session of the
Signatura, to designate the Ponens, and to preside over the sessions of
the Judges;
2° to preside over the Congresso and to issue decisions in it;
3° to grant requested favors and to issue decrees conveying a decision outside
of the Congresso.
Art. 6. § 1. The Secretary, under the authority of the Prefect, carries out
everything concerning the preparation (instructio) and the expeditious
handling of business matters.
§ 2 It is principally his responsibility:
1° to entrust [to the appropriate persons] petitions received and other
questions to be examined;
2° to reject recourses or other petitions at the outset (a limine), if
the case warrants it;
3° to fulfill the function of Auditor;
4° to be present at the meeting of the Judges to explain a cause, without
prejudice to art. 47, § 2;
5° to take care that letters and decrees to be signed by the Prefect or by
himself are properly prepared;
6° to administer goods.
§ 3 He acts in the place of the Prefect when the latter is absent or impeded,
except for cases reserved to the Prefect himself.
Art. 7. § 1. The Promoter of Justice, assisted by at least two
Substitutes, intervenes in causes and questions pertaining to the correct
administration of justice.
§ 2 In judicial and contentious-administrative causes, he acts impartially in
favor of justice and truth; but in penal and disciplinary causes, at the mandate
of the Prefect, he initiates and advances the action.
§ 3 He acts in place of the Secretary when the latter is absent or impeded.
§ 4 He ceases from his function with the completion of his seventy-fifth year.
Art. 8. § 1. The Defender of the Bond must intervene in causes and matters which
concern the nullity of sacred ordination or the nullity or dissolution of
marriage; apart from the cases in which his intervention is evidently required
by the nature of the matter, it is for the Secretary to decide whether or not he
must intervene, without prejudice to art. 22.
§ 2 He is bound by the obligation of proposing and explaining everything that
can reasonably be brought forward against nullity or dissolution.
§ 3 He ceases from his function with the completion of his seventy-fifth year.
Art. 9. For a just cause, the Secretary can depute, in addition to major
Officials, Referendaries and other experts, to exercise the function of Promoter
of Justice or Defender of the Bond in a case.
Art. 10. § 1. Without prejudice to art. 9, Referendaries assume the function of
consultors, who offer an opinion (votum) about a proposed question in
accord with their knowledge and experience.
§ 2. Referendaries must have a doctorate in canon law and be known for
uprightness of life, prudence, and expertise in the law.
Art. 11. § 1. The Head of the Chancery directs the same Office under the
guidance of the Secretary.
§ 2 It is his principal responsibility to sign acts to be prepared in the name
of the Chancery, to keep the seal of the Apostolic Signatura, to compile the summarium (dossier)
of causes, and to prepare orders for making or requesting payment.
§ 3 With the assistance of the Notaries and staff, he also sees to it that all
acts which arrive at the Signatura are entered in the register; that notation is
made about the progress of causes; that letters, decrees, and rescripts,
according to the received mandates, are properly drawn up and delivered; that
acts are properly preserved in the archives; and that the necessary reference
works are in the library.
§ 4 He is to take care that all the decisions are collected, some of which,
selected annually by the Prefect in Congresso, are to be published by
provision of the Supreme Tribunal.
Art. 12. § 1. The Head of the Chancery and the other Notaries certify the acts
carried out in their presence and attest by their signature to the
trustworthiness of copies.
§ 2. The Secretary can entrust the function of Notary ad actum to
Chancery staff.
Art. 13. § 1. Notaries and Chancery staff, in accord with the particular
functions entrusted to them, draw up letters, decrees, and rescripts, and they
prepare reports about the state of questions to be treated.
§ 2. It is the responsibility of the Notary who is senior by appointment to take
the place of the Head of the Chancery when the latter is temporarily absent or
impeded.
Art. 14. The receptionists of the Signatura also exercise the function of
courier.
Art. 15. Major Officials, Officials, and Assistants listed in the Apostolic
Signatura's Table of Organization (Tabella organica) are to fulfill the
functions assigned to them carefully under the guidance of their Superiors.
Chapter III.
Procurator-Advocates (Patroni)
Art. 16. § 1. The parties can stand in trial only through a Procurator-Advocate (patronus).
§ 2. But if the recurrent party, after being informed of this, has not provided
for one within the prescribed time limit nor offered a suitable justification or
obtained free legal representation, the Secretary declares the cause to be
abated.
Art. 17. § 1. Advocates in the Roman Curia can assume the legal representation
of causes.
§ 2 Advocates of the Roman Rota are also admitted in the judicial causes
mentioned in art. 33 and in the disciplinary causes mentioned in art. 35, l°.
§ 3 In the contentious-administrative causes mentioned in art. 34, the Prefect
can admit ad casum Advocates of the Roman Rota, provided they are truly
experts in the matter, or, if the case warrants it, another person who is truly
an expert and possesses a doctorate in canon law.
§ 4. Advocates of the Roman Curia at the beginning of their function, and others
at the beginning of a contentious-administrative cause they have assumed, are
bound to make an oath to observe secrecy and to fulfill their function properly
and faithfully.
Art. 18. §1. In accord with his function, a Procurator-Advocate is bound to
protect the rights of the party and to observe the secrecy of office.
§2. It is his responsibility to represent the party, to present petitions or
recourses, to inform the party about the status of the cause, to receive
notifications for him, and to defend him.
Art. 19. §1. The Procurator-Advocates enjoy the right to suitable compensation.
§2. If a question arises about compensation, the Secretary decides the matter at
the request of the party or ex officio, after hearing the interested
parties, with due regard for the right of recourse to the Prefect and without
prejudice to artt. 35, 1° and 113.
Art. 20. The Procurator-Advocates are bound to offer free legal representation
by mandate of the Secretary, without prejudice to fair compensation to be paid,
if the case warrants it, from the account of the Supreme Tribunal.
Chapter IV.
The Discipline to be Observed
Art. 21. The College of Judges is constituted by five members, unless the
Prefect in Congresso decides that recourse against a decree of rejection
issued in Congresso, should one be given, is to be judged by a College of
three Judges.
Art. 22. § 1. In the Congresso, the Prefect issues the decision; the
Secretary, the Promoter of Justice, the Defender of the Bond, and the Substitute
Promoters of Justice are to take part, as well as others who may be deputed for
the function of Promoter of Justice or Defender of the Bond in the causes being
handled. The Head of the Chancery is to be present. At the discretion of the
Prefect, Referendaries whose presence is deemed useful can also be invited to
it.
§ 2. In an urgent case, it is sufficient that, in addition to the Prefect and
the Secretary or the one taking his place, only two among those convoked be
present.
Art. 23. § 1. The Prefect, Judges, Secretary, Promoter of Justice, and Defender
of the Bond must abstain from handling a cause in the cases mentioned in cann.
1448, § 1 of the Code of Canon Law and 1106, § 1 of the Code of Canons of the
Eastern Churches.
§ 2 If the Prefect abstains from a cause, his functions are to be exercised in
the cause by the Secretary up to the point of the session of the Judges, over
which the Cardinal Judge who is senior by order and appointment presides.
§ 3 If the Secretary abstains from a cause, his functions are to be exercised by
the Promoter of Justice.
Art. 24. § 1. In these cases, unless they themselves abstain, a party can recuse
them.
§ 2. If the Prefect or another Cardinal is recused, the recusing party, after
notifying the Signatura, is to refer the matter to the Supreme Pontiff; in other
cases, the Prefect makes a judgment about the recusal.
Art. 25. Upon taking office, all are bound to make a profession of faith and an
oath to observe secrecy and to fulfill their function properly and faithfully,
before the Prefect in the presence of a Notary.
Art. 26. § 1. Upon request, the Procurator-Advocates can obtain a copy of the
acts with the permission of the Secretary and after the Promoter of Justice has
been heard. They are bound by the grave obligation not to hand over a copy of
any acts whatsoever, in whole or in part, to others, including the parties.
§ 2 The publication or communication of decisions is carried out, with all the
effects of law, by handing over or transmitting a copy of them to the
Procurator-Advocates.
Art. 27. § 1. Time limits established for procedural acts are prescriptive,
unless they are peremptory by law or by express declaration.
§ 2. Nevertheless, the Prefect and the Secretary have the right to establish
peremptory time limits if this is required for expeditiously resolving a case.
§ 3 The time limits established in this Lex are understood to be useful.
Art. 28. § 1. Unless it is otherwise provided, one can make recourse, supported
by reasons, to the Prefect, against a decree issued by the Secretary that is not
merely procedural; such recourse is to be proposed within the peremptory time
limit of ten days.
§ 2. Whenever the possibility of making recourse to the College against a decree
of the Congresso is given, the recourse, supported by reasons, is to be
presented within the peremptory time limit of ten days.
Art. 29. § 1. In addition to the Latin language, it is appropriate to address
the Apostolic Signatura also using languages widely known today. If one
approaches it in another language, though, the Secretary can require that he use
a more widely known language.
§ 2. Other requests, defenses, and opinions (vota) are to be presented in
the Latin language.
Chapter V.
Expenses and Free Legal Representation
Art. 30. § 1. The Congresso establishes norms for the submission of
deposits, judicial expenses, reimbursement, and taxes for rescripts.
§ 2 For a just cause, the Secretary can establish otherwise in individual cases
for the submission of a deposit or the payment of a tax.
§ 3 In decisions, there is a determination about expenses, reimbursement and, if
the case warrants it, the reparation of damages.
Art. 31. § 1. One who requests free legal representation must enjoy a presumably
founded right to bring a cause and must present proofs which explain his
financial condition apparent.
§ 2 The Prefect, having heard the Secretary and the Promoter of Justice, grants
or denies the benefit by decree, in whole or in part.
§ 3 There is no appeal from the decree of the Prefect, but the party can make
recourse to the Prefect himself within fifteen days.
§ 4 When free legal representation is granted, the Secretary appoints a
Procurator-Advocate ex officio.
TITLE II
THE COMPETENCE OF THE APOSTOLIC SIGNATURA
Art. 32. In addition to the function of Supreme Tribunal which it exercises, the
Apostolic Signatura[3] sees that
justice is correctly administered in the Church.
Art. 33. The Apostolic Signatura adjudicates:
1° complaints of nullity against definitive decisions, or those having the force
of a definitive sentence, of the Roman Rota;
2° petitions for a restitutio in integrum against decisions of the Roman
Rota;
3° recourses in causes concerning the status of persons against the denial of a
new examination of a cause by the Roman Rota;
4° exceptions of suspicion and other causes against Judges of the Roman Rota on
account of acts placed in the exercise of their office;
50 conflicts of competence between tribunals which are not subject to
the same appellate tribunal, unless other provision is made by law.
Art. 34. § 1. The Apostolic Signatura adjudicates recourses made within the
peremptory time limit of sixty useful days against singular administrative acts
issued by Institutions[4] of the
Roman Curia or approved by them, whenever it is contended that the challenged
act violated some law in the substance of the decision (in decernendo) or
in the procedure used (in procedendo).
§ 2 In these cases, besides a judgment about unlawfulness, it can also make a
judgment about the reparation of damages inflicted by the unlawful act, if the
recurrent requests it.
§ 3 It also adjudicates other administrative controversies which may be referred
to it by the Roman Pontiff or by the Institutions of the Roman Curia, as well as
conflicts of competence between Institutions[5].
Art. 35. The Apostolic Signatura also has responsibility to exercise vigilance
over the correct administration of justice, and especially:
1° if it is necessary, to correct ministers of tribunals, advocates, and
procurators;
2° to handle petitions presented to the Apostolic See to obtain the commission
of a cause to the Roman Rota, a dispensation from procedural laws, not excluding
the Eastern Churches, or another favour related to the administration of
justice;
3° to extend the competence of lower tribunals;
4° to grant the approval of an appellate tribunal when this is reserved to the
Holy See;
5° to approve the erection of tribunals of whatever kind established by several
diocesan Bishops[6];
6° to make a judgment about those matters which are assigned to the Apostolic
Signatura by conventions between the Holy See and sovereign states;
TITLE III
THE JUDICIAL PROCESS
Chapter I.
General Norms
Art. 36. Recourse is introduced by a written petition to which there must be
attached an authentic copy of the sentence or decree, if one is being
challenged.
Art. 37. The Secretary examines all the acts pertaining to the case.
Art. 38. The Secretary provides by decree for the notification of the petition
to all interested parties and to the Defender of the Bond, if he is
participating in the trial, for establishing a time limit for choosing a
Procurator-Advocate, insofar as one is required and without prejudice to art.
16, and for bringing forward written arguments.
Art. 39. § 1. When the time limit has elapsed, the Promoter of Justice submits
an opinion about the truth of the matter (votum pro rei veritate).
§ 2 The Secretary takes care to communicate this opinion, together with the
written arguments mentioned in art. 38, to the parties, who have the right, if
they wish, to reply within ten days.
§ 3 After giving the Defender of the Bond the opportunity to reply a second
time, the Promoter of Justice is permitted to intervene last.
Art. 40. The Prefect establishes the date for holding the Congresso, and
he orders it to be communicated to the parties.
Art. 41. § 1. After all of this, the Congresso admits or rejects the
recourse.
§ 2. The decisions of the Congresso are to be communicated to the parties
in writing.
Art. 42. § 1. Unless it is otherwise provided by law, one can make recourse
against a decree of rejection to the College of Judges; the recurrent is
informed of this right in the same decree.
§ 2 The recourse, supported by reasons, is to be proposed within the peremptory
time limit of ten days.
§ 3 Notification about the proposal of recourse is made to the parties, who
enjoy the right to propose their observations within ten days.
§ 4 Once the votum of the Promoter of Justice has been presented, the
recourse is referred as soon as possible to the College, whose decision is
subject to no legal remedy.
Art. 43. § 1. When the recourse is admitted, the Secretary convokes all
interested parties to establish the terms of the controversy (litis
contestatio).
§ 2. It is for the Secretary, after hearing the interested parties, to establish
the formula of the doubt by decree, to direct the instruction of the cause
according to the norm of law, and to resolve incidental questions expeditiously, if
they arise.
Art. 44. Once the instruction is completed, the Secretary, with the assistance
of the Promoter of Justice and having heard the parties’ Procurator-Advocates
and the Defender of the Bond, provides for the compilation of the dossier of the
cause; in addition, in accord with the norm of artt. 38-39, he asks for the
briefs of the parties, the observations of the Defender of the Bond and the votum of
the Promoter of Justice, and orders them to be communicated.
Art. 45. Once the responses of the parties, the Defender of the Bond and the
Promoter of Justice have been presented, the cause is to be concluded.
Art. 46. Once everything required by law has been carried out, the Prefect
refers the decision concerning the case to the College.
Art. 47. §1. At the meeting of the Judges, the Judge-Ponens, or the
Relator, makes a report about the controversy and identifies the reasons in
favour of the recourse and in opposition to it.
§ 2 Then, with no one else being present, the Judges present their conclusions
in order with reasons pertaining to both the law and the facts. These written
conclusions are handed to the Ponens for writing the sentence; then they
are attached to the acts of the cause, to be preserved in secrecy.
§ 3 Once the discussion is completed, the College issues its decision, for which
the majority of the votes is sufficient.
§ 4 The dispositive part is put into writing by the Judge-Ponens, or
Relator, signed by the individual Judges, and immediately handed to the
Secretary.
Art. 48. § 1. The Judge-Ponens, or Relator, prepares the text of the
decision as soon as possible.
§ 2. The Prefect of the Supreme Tribunal, if the case warrants it, can order
that the reasons for the decision with respect to the law and the facts be put
into writing by the Promoter of Justice.
Art. 49. If the College of Judges orders further instruction, the Secretary
carries it out.
Art. 50. Unless it is expressly established otherwise, there is no possibility
for introducing a challenge against the decisions of the College.
Chapter II.
Complaint of Nullity against Decisions of the Roman Rota
Art. 51. A complaint of nullity can be proposed not only against definitive
sentences but also against interlocutory sentences and decrees issued in any way
by the Roman Rota, provided that they have the force of a definitive sentence,
unless it is otherwise provided by law.
Art. 52. § 1. If one acted in the name of another without a legitimate mandate,
the defect is considered sanated by the appeal made by the party himself before
the nullity was alleged, and indeed by any act whatsoever of the same party
placed before the complaint, provided that it corresponds to a ratification.
§ 2. In the case mentioned in § 1, the recourse is rejected at the outset
by decree of the Secretary.
Art. 53. § 1. If a complaint of nullity is joined to an appeal, the former is to
be lodged before the Apostolic Signatura, and the latter before the Roman Rota.
§ 2. The decision about the complaint must precede the decision about the
appeal, unless the Apostolic Signatura has decreed otherwise.
Art. 54. When the recourse is admitted, the doubt is to be established under the
formula: Whether the nullity of the decision of the Roman Rota is proven.
Chapter III.
Petitions for a Restitutio in integrum against Decisions of the Roman Rota
Art. 55. § 1. A petition for a restitutio in integrum suspends the
execution of a sentence that has not yet been initiated.
§ 2. If, however, from probable indications there is suspicion that the petition
has been made in order to introduce delays in the execution, the Congresso can
decree that the sentence is to be brought to execution, providing a suitable
guarantee to the one requesting the restitutio that there will be
indemnity, if the restitutio in integrum is granted.
Art. 56. When the recourse is admitted, the doubt is to be established under the
formula: Whether the restitutio in integrum is to be granted.
Art. 57. When the restitutio has been granted, unless the Supreme Pontiff
has provided otherwise, the cause is returned to the Roman Rota so that it may
judge the merits of the cause according to its own norms.
Chapter IV.
Recourses against the Denial of a New Examination of a Cause by the Roman Rota
Art. 58. In causes concerning the status of persons, recourse against the denial
of a new examination of a cause by the Roman Rota can be proposed within the
peremptory time limit of thirty days.
Art. 59. § 1. Once the other party has been notified, the Secretary establishes
a brief time limit for the recurrent party to explain the reasons for the
petition; then, the Defender of the Bond prepares his observations; finally, the
Promoter of Justice submits his votum pro rei ventate.
§ 2. The Congresso admits or rejects the new proposition of the cause,
without there being any legal remedy whatsoever.
Art. 60. The decree issued by the Congresso is communicated to the
recurrent party and to the Dean of the Roman Rota, and the other party is
notified.
Art. 61. While the recourse is pending before the Apostolic Signatura, the Congresso can
make a judgment about granting or revoking the suspension of the execution of
the sentence.
Chapter V.
Exceptions of Suspicion against Judges of the Roman Rota
Art. 62. An exception of suspicion can be proposed against a Judge of the Roman
Rota in the cases mentioned in cann. 1448, § 1 and 1624 of the Code of Canon Law
and cann. 1106, § 1 and 1305 of the Code of Canons of the Eastern Churches.
Art. 63. § 1. Having immediately notified the recused Judge, the Secretary
establishes a time limit for the petitioner to explain the allegations brought
forward; then, having considered the briefs of the parties in the matter, as
well as the observations of the Defender of the Bond, if he is involved, and
the votum pro rei ventate of the Promoter of Justice, the cause is
referred to the Congresso.
§ 2. If the recused Judge requests it or the case warrants it, he is heard by
the Secretary.
Art. 64. The Congresso decides whether or not there is reason for the
recusal of the Judge, without there being any legal remedy whatsoever.
Art. 65. The decree issued by the Congresso is communicated as soon as
possible to the Dean of the Roman Rota.
Chapter VI.
Cases against Judges of the Roman Rota
Art. 66. § 1. A process in penal or contentious cases against Judges of the
Roman Rota for acts placed during the exercise of their function carried out
according to artt. 36-49 and the prescripts of the Code of Canon Law, making
appropriate adjustments.
§ 2. The injured party can bring within the penal trial itself a contentious
action for the reparation of damages inflicted on him because of a delict.
Art. 67. § 1. The Promoter of Justice exercises the role of petitioner in a
penal trial.
§ 2. The Prefect carries out the matters concerning the promotion and initiation
of a penal trial, which are usually the competence of the Ordinary.
Art. 68. The sentence is issued by a College of five Judges.
Art. 69. A party who deems himself aggrieved, as well as the Promoter of
Justice, have legal remedies available to them before the Apostolic Signature,
not excluding an appeal of the case.
Chapter VII.
Conflicts of Competence between Tribunals
Art. 70. Without prejudice to the competence mentioned in art. 35, 2°-3°, when a
conflict of competence is referred to it, the Apostolic Signatura first
determines whether there truly is a conflict, and indeed one that is to be
resolved according to the norms of the articles of this chapter.
Art. 71. After considering all the circumstances of the conflict, the Secretary
suspends the pending processes insofar as the case warrants it.
Art. 72. § 1. Once the acts of the cause have been acquired, as well as the
briefs of the parties, and, if the case warrants it, after the Tribunals have
been heard, the Defender of the Bond presents his observations, if he is to
intervene in the trial, and the Promoter of Justice presents his votum pro
rei veritate.
§ 2. Without there being any legal remedy whatsoever, the Congresso resolves
the proposed conflict by decree, establishing, inasmuch as it is necessary, the
competent forum and the manner of proceeding.
TITLE IV
THE CONTENTIOUS-ADMINISTRATIVE PROCESS
Chapter I.
Recourses against Singular Administrative Acts
Art. 73. § 1. A recourse must convey the following:
1° by whom it is proposed;
2° the act which is challenged;
3° what is requested;
4° on what right it is based;
5° the day on which the notification of the challenged act was received;
6° the signature of the recurrent party.
§ 2. The following must be attached to the recourse:
1° the act which is challenged, unless it cannot be presented by the recurrent;
2° the mandate duly conferred on the Procurator-Advocate or a petition,
supported by documentation, for obtaining free legal representation.
Art. 74. § 1. A recourse must be presented within the peremptory time limit of
sixty useful days from the day that the notification of the act was completed.
§ 2. A waiver for an expired time limit (remissio in terminos) is granted
by the Roman Pontiff alone.
Art. 75. A recourse is null if the persons or the object concerned remain
absolutely uncertain.
Art. 76. § 1. After hearing the Promoter of Justice, by decree the Secretary
rejects at the outset a recourse which undoubtedly and evidently lacks grounds,
such as when:
1° it does not concern a matter pertaining to an administrative tribunal;
2° the recurrent lacks legitimate personal standing in the trial;
3° the law which is allegedly violated is not apparent;
4° the time limit for proposing recourse have elapsed.
§ 2 The Secretary is to inform the Promoter of Justice and, if the case warrants
it, the competent Authority about this decree.
§ 3 The recurrent is notified in this decree of the faculty to make recourse to
the Congresso within the peremptory time limit of ten days from when it
was received.
§ 4 The decree by which the Congresso confirms a rejection at the outset
is not subject to any legal remedy.
Art. 77. Without prejudice to art. 16, § 2, the Secretary provides a time limit
for repeating the recourse if it contains defects which can be corrected.
Art. 78. § 1. At any stage of the process, the litigation can be ended by
abatement, revocation of the challenged act, renunciation, or peaceful
resolution.
§ 2 A peaceful resolution made between the parties requires the approval of the Congresso.
§ 3 For the other cases of a concluded litigation (lis finita), the
Secretary issues a decree about the matter which is to be communicated to the
interested parties.
Art. 79. § 1. By his decree, the Secretary:
1° orders that the competent Institution of the Roman Curia and all legitimately
intervening before the Institution of the Roman Curia be notified of the
reception of the recourse, and he invites them to designate a
Procurator-Advocate by legitimate mandate[7];
2° asks the Institution of the Roman Curia to transmit a copy of the challenged
act and all the acts pertaining to the controversy within the time limit of
thirty days[8];
3° appoints a Promoter of Justice for the cause;
4° orders the Chancery to inform the recurrent and the others mentioned in 1° of
the requirements to be duly fulfilled.
§ 2. The Secretary proceeds in the same manner with other parties who may be
involved, making the appropriate adjustments.
Art. 80. If the Institution of the Roman Curia does not appoint a
Procurator-Advocate for itself, the Prefect names one ex officio[9].
Art. 81. § 1. Once the acts of the Institution of the Roman Curia have been
received[10], the Secretary, having
informed the recurrent's Procurator-Advocate, sets for him, by decree, a time
limit within which he is to present a brief, in which the laws which were
allegedly violated are to be clearly indicated and the recourse is to be
explained, completed, or emended, and possibly to present or request any further
documentation.
§ 2 Once the time period mentioned in § 1 has elapsed, the Secretary sets a time
limit, likewise by decree, for the resistant party's Procurator-Advocate such
that, after examining everything mentioned in § 1, he is to present a brief and
possibly bring forward new documents.
§ 3 After all this has occurred, the Promoter of Justice submits his votum
pro rei veritate.
Art. 82. After the written arguments have been exchanged, the
Procurator-Advocates can respond within ten days; but the Promoter of Justice
can write last.
Art. 83. § 1. When the Congresso has been convoked according to the norm
of art. 40, the Prefect decides whether the recourse is to be admitted to
discussion or rejected because it manifestly lacks a grounding or foundation. In
the second case, he expresses the reasons.
§ 2. The decisions of the Congresso are communicated to the parties in
writing.
Art. 84. Without prejudice to art. 76, § 4, recourse, which is to be proposed
and handled according to the norm of art. 42, can be made to the College against
the decree of rejection.
Art. 85. § 1. When a recourse has been admitted, once the Procurator-Advocates
and the Promoter of Justice have been convoked as soon as possible for a summary
oral examination, and in light of their petitions and responses, the Secretary
sets the terms of the controversy, establishing the agreed upon doubts by his
decree.
§ 2 Recourse can be made against this decree within ten days to the Prefect,
without there being any further legal remedy whatsoever.
Art. 86. After the summary oral examination is completed, if the case warrants
it, the Secretary completes the instruction of the cause. If, however, the
parties lodge an exception, he makes an expeditious judgment about it.
Art. 87. After the dossier of the cause has been prepared, no further document
can be brought forward by the parties, unless the Prefect has established
otherwise, and without prejudice to art. 49.
Art. 88. § 1. Once the dossier of the cause has been prepared, the
Procurator-Advocates each present their conclusive brief within a set time
limit.
§ 2. When the time period has elapsed, the Promoter of Justice presents his votum
pro rei veritate.
§ 3 The Procurator-Advocates can present responses within ten days; the Promoter
of Justice has the right to intervene last.
Art. 89. After everything required has been carried out, the process continues
according to the norm of artt. 46-49.
Art. 90. In order to resolve the controversy, the Judges can determine in the
sentence the immediate and direct effects of illegality.
Art. 91. § 1. Only the remedies of a complaint of nullity and a petition for a restitutio
in integrum are available against sentences of the College, being always
mindful, however, of the nature of the Supreme Tribunal.
§ 2. If the case warrants it, the Prefect can immediately refer the matter to
the College of Judges.
Art. 92. § 1. Unless it is otherwise established, the Institution of the Roman
Curia[11] which issued or approved
the challenged act must see to the execution of the sentence, either itself or
through another.
§ 2. If the Institution refuses or neglects to do this, or delays it beyond a
reasonable or established amount of time, without prejudice to the right to
reparation of damages possibly inflicted, and at the request of the interested
party, the execution pertains to the Supreme Tribunal itself, and the Superior
Authority is notified.
Art. 93. § 1. The executor must execute the sentence itself according to the
proper meaning of the words considered in its text and context.
§ 2 If it concerns monetary compensation, though, payment must be made within
the time period of thirty days from when the sentence is communicated, unless
another provision has been made by the Supreme Tribunal.
§ 3 If the illegality was declared with regard to the procedure used (in
procedendo), the Authority can issue the same act again only according to
the norm of law and according to the manner and terms possibly determined in the
sentence.
§ 4 If, however, the unlawfulness was declared with regard to the substance of
the decision (in decernendo), the Authority can reexamine the matter only
according to the norm of law and according to the manner and terms possibly
determined in the sentence.
Art. 94. If a controversy should arise about the manner of execution, the Congresso resolves
the matter expeditiously.
Chapter II.
Suspension of the Execution of an Administrative Act
Art. 95. § 1. The total or partial suspension of the execution of the challenged
act can be requested, bringing forward reasons, in any stage of the case
whatsoever.
§ 2 In more serious cases, the Promoter of Justice himself can propose the
suspension of the execution of the challenged act.
§ 3 If, however, a question should arise about the suspension, it is to be
examined more closely as soon as possible.
Art. 96. § 1. Unless in the judgment of the Secretary, having heard the Promoter
of Justice, the petition for the suspension of the execution of the challenged
decision is to be rejected at the outset, once the petition has been
communicated to the Authority and the other interested parties, the Secretary
sets a time limit as quickly as possible for presenting written arguments and
the day for the decision.
§ 2 When the time period has elapsed, the Promoter of Justice presents his votum
pro rei veritate as soon as possible.
§ 3 The Congresso grants or denies the suspension of the execution within
sixty days from when the petition was made.
Art. 97. When it has been decided to suspend the execution, the decision, which
is immediately effective, is communicated to the competent Authority as quickly
as possible.
Art. 98. There is no legal remedy against the decision of the Congresso; nevertheless,
if new reasons are presented, the question can be proposed again.
Art. 99. Unless another provision has been expressly made by the decree of the Congresso, the
suspension of the execution remains in force while the cause is pending, and it
is not retroactively valid.
Art. 100. With regard to actions and exceptions about the sequestration of a
thing and the restriction of the exercise of a right, the norms of this chapter
are to be observed with appropriate adjustments.
Chapter III.
The Reparation of Damages
Art. 101. The petition mentioned in art. 34, § 2 for the reparation of damages
inflicted by an unlawful act can be proposed up to the time of the summary oral
examination.
Art. 102. The Authority is summoned and is to respond insofar as the alleged
damages may have occurred because of its decisions.
Art. 103. In order to avoid excessive delays, the Prefect or the College can
defer the question of damages until the Supreme Tribunal issues a definitive
sentence about illegality.
Chapter IV.
Administrative Controversies Referred to the Supreme Tribunal
Art. 104. Unless in individual cases the Roman Pontiff has established
otherwise, in administrative controversies referred to it, the Supreme Tribunal
makes a judgment about the merits of the case according to the norms concerning
the contentious-administrative process and the prescripts of the ordinary
contentious process, making the appropriate adjustments.
Chapter V.
Conflicts of Competence between Institutions of the Roman Curia[12]
Art. 105. When a conflict of competence arises between Institutions of the Roman
Curia[13], after they have been
heard and the votum of the Promoter of Justice submitted, the matter is
resolved expeditiously in Congresso.
TITLE V
THE ADMINISTRATIVE MANNER OF PROCEEDING
Art. 106. § 1. Unless it is otherwise established, the Prefect makes a decision
in the matters mentioned in art. 35, after the votum of the Promoter of
Justice has been submitted and the Secretary has been heard; in addition, the
Defender of the Bond is heard according the norm of art. 8, § 1.
§ 2. Without prejudice to art. 6, § 3, the Prefect can habitually entrust to the
Secretary the handling of certain ordinary matters after the votum of the
Promoter of Justice has been submitted.
Art. 107. § 1. Affairs of greater importance are addressed in Congresso.
§ 2. Apart from the cases mentioned, it pertains to the Prefect to decide that a
question is to be discussed in Congresso.
§ 3. Nothing serious and extraordinary is done unless the Supreme Pontiff has
been informed in advance.
Art. 108. It is the responsibility of the Secretary, after the votum of
the Promoter of Justice has been submitted, to reject a recourse or a petition
at the outset due to a manifest defect of a presupposition or foundation,
without prejudice to the ability to make recourse according to the norm of art.
28, § 1.
Art. 109. Those whose rights could be injured are to be heard insofar as
possible.
Chapter I.
Vigilance over the Correct Administration of Justice
Art. 110. § 1. After submitting the annual report or sentences of a tribunal to
an examination, the Secretary offers suitable counsel and observations.
§ 2 In the case of a denunciation against a tribunal, after its Moderator, the
Judicial Vicar or the judge of a cause has been heard, insofar as the case
warrants it, and after the votum of the Promoter of Justice has been
submitted, it is the responsibility of the Secretary to decide when and how the
matter is to proceed, without prejudice to the competence of tribunals and
judges.
§ 3 He refers the matter to the Prefect if he perceives that certain more
serious matters need to be considered.
Art. 111. § 1. If truly serious irregularities have been detected, a decision is
made in Congresso concerning precepts to be given to tribunals in order
to safeguard a correct jurisprudence or the future observance of the manner of
proceeding prescribed by law, the transfer of a cause to another tribunal, the
suspension of the execution of a decision issued, and the inspection of a
tribunal.
§ 2 In an urgent case, in order that irreparable damages not arise, the
suspension of the execution of a judicial decision is ordered by the Prefect or
the Secretary, after the votum of the Promoter of Justice or of the
Defender of the Bond has been submitted, until a judgment about the matter is
made in Congresso.
§ 3 Whenever it seems necessary to safeguard a correct jurisprudence, the
Apostolic Signatura can request from the Supreme Pontiff the power of judging
even with regard to the merits of the case.
Art. 112. It is the responsibility of the Fathers of the Apostolic Signatura
together with the Secretary to examine and approve the text of a general
executory decree or an instruction prepared in Congresso, and also to
treat general questions pertaining to the correct administration of justice.
Chapter II.
Disciplinary Sanctions
Art. 113. § 1. If there are objections with regard to officials of a given
tribunal, advocates, or procurators, the Prefect ordinarily notifies the
Moderator of the tribunal so that he may attend to the matter and, if necessary,
make a provision and then send a report; but his decision, even ex officio,
can be revoked or emended in Congresso.
§ 2 If, however, a disciplinary action is instituted before the Apostolic
Signatura, the Promoter of Justice prepares the libellus and, having
weighed the defense, confirms or emends it; once an opportunity for responding
has been given, the matter is handled in Congresso.
§ 3 A warning can be given by the Prefect even outside of the Congresso.
Chapter III.
Hierarchical Recourses
Art. 114. § 1. Proposed hierarchical recourses pertaining to the administration
of justice are handled according to the norm of art. 106, § 1, without prejudice
to artt. 107-109.
§ 2. Within ten days of his receipt of the Prefect's decree, the recurrent can
request, having presented reasons, its revocation or amendment.
Chapter IV.
Commissions and Other Rescripts
Art. 115. § 1. Upon the acceptance of a petition for entrusting a cause to the
Roman Rota or to a tribunal with no competence whatsoever in the matter, or for
extending the competence of a tribunal that is not normally competent in the
matter, or for the concession of another favour pertaining to the administration
of justice, it is handled according to the norm of art. 106, § 1, without
prejudice to artt. 107-109.
§ 2 However, the granting of a dispensation from a double conforming decision in
case of the nullity of marriage or the entrusting of a case to the judgment of
the Tribunal of the Roman Rota can only be decided in Congresso.
§ 3 When the benefit of a new hearing is requested, the matter is referred to
the Congresso.
§ 4 After taking into account the circumstances of the case and the gravity of
the concerned law, a judgment is to be made about whether there is a just and
reasonable cause for proceeding with the case; however, there cannot be a
dispensation from those things that essentially constitute a judicial process.
Art. 116. § 1. Unless a petition for a favour that can be granted by the Roman
Pontiff alone is to be rejected at the outset, without prejudice to artt. 106, §
1 and 109, it is be decided in Congresso: “Whether His Holiness is to be
advised to grant the favour.”
§ 2. Should the decision be negative, the Apostolic Signatura communicates this
to the interested parties.
Art. 117. The procedure mentioned in art. 106, § 1 is used in approving decrees
erecting interdiocesan tribunals or tribunals of appeal, when the approval of
the designation is reserved to the Holy See.
Chapter V.
Declaration of the Nullity of Marriage
Art. 118. When the Apostolic Signatura makes a judgment about declaring the
nullity of marriage in cases which do not require a deeper examination or
investigation, the case is referred to the Congresso once the
observations of the Defender of the Bond and the votum of the Promoter of
Justice have been obtained.
Chapter VI.
Decrees of Execution in Order to Obtain Civil Effects
Art. 119. § 1. It pertains to the Secretary, at the request of an interested
party, to issue the decree needed in order for decisions to be executed in cases
of nullity of marriage to obtain civil effects before nations which have entered
into a convention with the Holy See in this matter.
§ 2 If a doubt about the matter arises, it is handled according to the norm of
art. 106, § 1, without prejudice to artt. 107-109.
§ 3 While a challenge against those decisions is pending before the forum
competent by law, the decree of execution is ordinarily not given.
Art. 120. § 1. There is no possibility for introducing a challenge against a
decree of executivity.
§ 2. However, without prejudice to art. 109, and after hearing the Defender of
the Bond, the Promoter of Justice, and the Secretary, it is for the Prefect to
suspend or revoke the same decree ex officio for a grave cause.
Art. 121. A similar procedure is followed in causes of the dissolution of the
bond of a ratified and non-consummated marriage.
TITLE VI
THE LAW TO BE APPLIED
Art. 122. With regard to those things which are not provided for in this proper
law, the procedural norms of the Codes are to be observed insofar as they can be
applied, taking into account also canonical tradition and the praxis of the
Apostolic Signatura.
[1] Francis, Apostolic Letter motu proprio, Munus tribunalis, 28 February
2024, art. 1
[2] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February
2024, art. 2
[3] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 3
[4] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 4
[5] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 5
[6] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art.
6.
[7] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 7.
[8] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 7.
[9] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 7.
[10] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 7.
[11] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 7.
[12] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 8.
[13] Francis, Apostolic Letter motu proprio,
Munus tribunalis, 28 February 2024, art. 8.
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