PERIODICA DE RE CANONICA - First and Second Issue 2019

Issue 108/1-2 (2019) of the magazine “Periodica de Re Canonica”, quarterly published by the Faculty of Canonic Law of the Pontifical Gregorian University, is now available. 

Marcelo Gidi, S.J. - The penal status of the minor in can. 1395 § 2: critical analysis in the light of the doctrinal presuppositions of the penal theory of the legal good

Abstract - The respect and protection of every child in Church law is rooted in the recognition of their dignity as a human person. The firm resolve of the Church to address the scourge of the sexual abuse of minors by clergy should guide the Legislator to review and reform all its norms in this area. This article deals with the analysis of the current penal regulations, in particular can. 1395 §2, starting from the ecclesiological and anthropological principles that must be considered by the Legislator when establishing the constituent elements of the ecclesiastical crime.

One of the key thesis examined in this work is that, in the Church, strictly interpreting the rules in this matter, the crime of sexual abuse of minors is not typified and if it is, it is not in a consistent way. This necessitates modifying the current legislation in the light of the doctrine of the legal good to be protected so as to harmonize it with the mission of the Church.. This means abandoning the exclusive consideration of the violation of celibacy in the crime of can. 1395 §2 and consider in primis the dignity of the minor as an asset to be protected from any abuse

 

G. Paolo Montini, Promotore di Giustizia del Supremo Tribunale della Segnatura Apostolica.
The illegitimate use of the processus brevior. Ordinary and extraordinary processual remedies

Abstract - The canonical reflection up to now was prevalently exercised in the interpretation of the requirements necessary for access to the processus brevior (can. 1683, 1°-2°). The author confronts the same problematic by considering the processual remedies which the canonical system makes available for the case in which the mentioned requirements cannot be verified in a cause; in other words, it looks to determine which instruments of processual defense would be available in the face of an illegitimate use of the processus brevior. The response is principally derived from the comparison between the processus brevior and the documentary process: this last, indeed, appears as the analogatum princeps of the processus brevior and, therefore, the doctrine and the jurisprudence which are already exercised on the illegitimate use of the documentary process are applied to the case of the illegitimate use of the processus brevior. Among the remedies, the complaint of nullity is the remedy principally considered here.

 

+Mons. Dimitrios Salachas  Esarca apostolico emerito per i cattolici di rito bizantino in Grecia, consultore di diversi dicasteri della Santa Sede.
 The Application of the Process Brevior and of the Documentary Process According to the M.P. Mitis Et Misericors Jesus in Marriages of Mixed Religion and Disparity of Cult

Abstract - The M.P. Mitis et Misericors Iesus [= MMI], while introducing the briefer process for the causes of nullity of marriage (cann. 1369-1373), also, in cann. 1374-1376, preserves the documentary process, already envisioned in the CCEO, can. 1372, but suppressing §2. The new norms put the faithful at the center of the pastoral concern of the eparchial Bishop (diocesan father and judge) for his own faithful, who are in need of a special pastoral care after the failure of their marriage, even unto the verification and possible declaration of nullity, while desiring to provide for the conscience of the faithful, who are too often removed from the juridical structures of the Church, because of physical distance (distant tribunals), or moral reasons (tribunals unknown to the majority of the faithful and even the parish priests), and ensuring free procedures to account for the cost.

 

Jose Chiramel -  President of the Syro-Malabar Major Archiepiscopal Ordinary tribunal.
The apostolic letter Mitis et Misericors Iesus and it’s impact on the tribunals of the Syro-Malabar Church

Abstract - Pope Francis promulgated two almost parallel Apostolic Letters, one for the Latin Church (Mitis Iudex Dominus Iesus), the other for the Eastern Churches (Mitis et Misericors Iesus) on 15 September 2015 and they came into effect on 8 December 2015. These two Apostolic Letters were promulgated in direct response to the call by the 2014 Synod of Bishops to revise the canons on procedural norms governing marriage nullity process. The article reviews the impact the motu proprio Mitis et Misericors Iesus has created on the Syro-Malabar Church in terms of increase in the marriage nullity cases registered and the number of cases resolved as per the statistical data supplied by the tribunals of the Syro-Malabar Church. The article begins with a short appraisal of the current situation of the Syro-Malabar Church in its historical perspective and gives a critical evaluation on the newly introduced structure based both on personal study and shared concerns of other canonists.

 

+Hanna Alwan, m.l., Moderatore del Tribunale Inter-Eparchiale Maronita in Libano
Functionality of M.P. Mitis Et Misericors Iesus in the countries of the system of personal statutes

1. Introduction: 1.1 Origin of the problems; 1.2 Countries of the System of Personal Statutes; 1.3 Legislative and judicial autonomy of the Churches in the Middle East; 1.4 The connection between causae iurium and matrimonial causes.

2. Concrete application problems of the M.P.: 2.1 The inapplicability of the can. 1357 §2; 2.2 Right to compensation for marriage breakdown; 2.3 Inapplicability of the faculty granted to the Judicial Vicar to establish the doubt; 2.4 Brief trial and causae iurium; 2.5 The repeal of §2 of the can. 1372 CCEO; 2.6 Inter-ecclesial courts.

3. Practical application problems of the rescript: 3.1 The Rescript of 7 December 2015; 3.2 Issues of the Rescript.

4. Conclusion: 4.1 Current practice; 4.2 Final suggestion.

 

Vitaliy Tokar, Vicario giudiziale aggiunto dell’Arcieparchia d’Ivano-Frankivsk della Chiesa Greco-Cattolica Ucraina.
The Tribunals of the Ukrainian Greek-catholic Church after the Reform of the Processes Concerning Obtainment of Declaration of Nullity 2015: Practical Aspects and Challenges

Abstract - The two Motu Proprio of Pope Francis introducing the reform of processes concerning obtainment of declaration of nullity have led to a significant development and change in the processes themselves. This article aims to present the proceedings of the courts of the Ukrainian Greek Catholic Church after December 8, 2015, that is after the commencement of the Motu proprio Mitis et Misericors Iesus.

The report focuses on three points:

• 1. Presentation of the judicial system of Ukrainian Greek-Catholic Church;
• 2. The impact of the pontifical reform on judicial proceedings in Ukrainian Greek-Catholic Church;
• 3. Future perspectives and challenges.