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... 95

Likewise, when an aggrieved party has petitioned for reconsideration and the author of the decree makes no decision within thirty days, the aggrieved party is not required to ask again for reconsideration.51* In both cases, the aggrieved party can make recourse to the hierarchical superior of the administrative authority competent to act as soon as the peremptory time period to act (three months or thirty days respectively) has lapsed.

6. Time Limits for Making Recourse

As a rule, recourse must be proposed within the peremptory time limit of fifteen useful days.58 59 The time limits are peremptory: if an aggrieved party does not act within the peremptory time period, the party loses the right to act. In cases where reconsideration need not be sought, the fifteen useful days run from the day on which the decree was communicated. In cases where reconsideration of the decree has been sought and the author of the decree communicates a new decree by which he either emends the earlier one or decides that the petition must be rejected, the time limits for making recourse run from the notification of the new decree. If the author makes no decision within the thirty days after reconsideration was sought, the time limits run from the thirtieth day.

Although everyone is supposed to know the law, members of the faithful, including clerics, are frequently not aware of their right to make recourse against a singular administrative decree when they feel aggrieved by it.6" The reason for having rather short peremptory time limits is precisely to refute the critique that the protection of rights as envisioned by administrative procedure would have an adverse effect and paralyze the ecclesiastical administration, i.e. the executive branch of the diocesan and other ecclesial government.61 At one point, life must go on.

58 CICCan. 1735.

59 CICCan. 1737 §2.

60 See, on the same issue, Beal, J., Hierarchical Recourse: Procedure at the Local Level, in Cl SA Proceedings 62 (2000) 101.

61 See on this point the remarks given during the code revision process, Communicationes 5 (1973) 236: “De opportunitate tribunalium administrativum dubia proposita sunt, praesertim propter ti- morem ne actiopastoralis impediatur nimiis oppositionibus et contentionibus (...).”