Folia Theologica et Canonica 7. 29/21 (2018)

Lectio magistralis

FOLIA THEOLOGICA ET CANONICA (2018) 9-19

LECTIO MAGISTRALIS

S.E.R. Frans Daneels, O.Praem.

SEVERAL COMPETENCES, BUT ONE SOLE DICASTERY:

THE SUPREME TRIBUNAL OF THE APOSTOLIC SIGNATURA*

Introduction; I. Three fields of competence, a dual task, one Dicastery, I. A brief historical overview, 2. A dual task and three fields of competence, 3. The organization of the Apostolic Signatura as one body; II. The single competences according to the Lex propria, I. Judicial causes (art. 33 LP), 2. Contentious-administrative causes (art. 34 LP), a. Introduction, b. The subject-matter of the recourse, c. Violation of the law, d. One last remark on contentious-administrative litigation, 3. The administrative function, a. Introduction, b. Vigilance in strict sense, c. Other administrative competences, d. Declaration of nullity of marriage, e. One last remark about the administrative function; CONCLUSION

Introduction

It has been said that the Apostolic Signatura combines, to put things very simply, the functions which in civil law systems belong to three different bodies, namely, the Court of Cassation, the Council of State and the Ministry or Department of Justice. Hence the question: is it not an anomaly that so diverse competences are given in the Church to only one body, one Dicastery, the Apostolic Signatura?

To answer this question, I shall explain first in a general and simplified manner the threefold competence of the Apostolic Signatura, its dual task and its organization as one body. Next, I will present, taking into account artt. 33-35 of the Lex propria (LP) of the Apostolic Signatura', its single competences. Finally, I will present briefly my conclusion.

* This presentation was given as “Lectio Magistralis” by Archbishop Frans Daneels, O.Praem., Secretary Emeritus and Judge of the Supreme Tribunal of the Apostolic Signatura on the solemn academic occasion, when he has been decorated with the Doctor honoris causa title in the name of the Pázmány Péter Catholic University (Budapest, October 16th 2017).

1 The Lex propria was promulgated by Benedict XVI with the motu proprio Antiqua ordinatione (21 iun. 2008): AAS 100 (2008) 514-538. An English translation, prepared by Prof. William L. Daniel, is published in The Jurist 75 (2015) 623-657.