Folia Theologica et Canonica 6. 28/20 (2017)
IUS CANONICUM - Kurt Martens, Hierarchical recourse as a dialogue between particular church and universal Church? Difficulties, challenges and opportunities
HIERARCHICAL RECOURSE AS A DIALOGUE BETWEEN PARTICULAR CHURCH... 103 4. Effects of the Recourse While recourse may not immediately give the hoped for result to a recurrent in the sense that the decree that was challenged through the procedure of recourse is confirmed instead of overturned, other things may happen during the recourse procedure. The dicastery may, in its correspondence with the bishop, suggest another approach or even write to the bishop that certain actions are best corrected, even though the decree of the dicastery did not overturn his decree. Such results are not visible and certainly not measurable. However, this is the perfect example of that interaction or dialogue between the universal Church and the particular Church: a decision is not imposed, but the diocesan bishop is given guidance and advice about the law and about how to apply the law in particular circumstances. It is another form of the fraternal correction, but one that takes place far from the cameras and therefore has more potential for success. Conclusion Often, local administrators see the Roman oversight of the local administrative decision-making process as cumbersome and annoying. Such was not different when American and other dioceses were confronted with negative decisions by Roman dicasteries, in particular of the Congregation for the Clergy, in cases where hierarchical recourse was made to Rome. However, this is the consequence of the choice for the model of hierarchical recourse during the Code revision process. Moreover, it is the only and a very limited way of protecting the rights of the faithful against an excessive executive power. Supervision by higher authority leads to a better understanding of the law, to better decisions and, ultimately, to a basic respect for the law, which is the law of love. It ultimately comes down to the question raised in the ]s'-2"d century by the Roman poet Juvenal: Quis custodiet ipsos custodes?*1 Who will watch the watchmen? And ultimately: who will uphold the law? 1,7 Juvenal, Satires (Satire VI), 346-348.
