Folia Theologica et Canonica 7. 29/21 (2018)
Lectio magistralis
10 S.E.R. FRANS DANEELS, O.Praem. I. Three fields of competence, a dual task, one Dicastery 1. A brief historical overview The name of Signatura probably stems from the fact that in the fifteenth century Pope Eugene IV could not sign everything and asked his referendaries to do it themselves on his behalf for his answer to certain petitions, regarding precisely the administration of justice, that some grace be granted or that some (procedural) right be respected. Soon there were two Signaturae: the Signatura Gratiae and the Signatura Iustitiae. First the Signatura Gratiae and in 1870 also the Signatura Iustitiae ceased to operate. But in 1908, Pope Pius X reconstituted a single Apostolic Signatura as a Supreme Tribunal, by the Apostolic Constitution Sapienti consilio and the Lex propria Sacrae Romanae Rotae and Signaturae Apostolicae1. Although some minor competences were afterwards added, until 1967 the work of the Signatura concerned almost exclusively the judges of the Roman Rota and their decisions. However, soon after the Second Vatican Council, new and important competences were given to the Apostolic Signatura. Indeed, on August 15, 1967, Paul VI promulgated the Apostolic Constitution Regimini Ecclesiae universae’, which, while confirming the usual role of the Signatura, extended in a significant way its competences. On the one hand, it entrusted the Signatura with vigilance over the administration of justice in the tribunals of the whole Catholic Church, and this also for the causes of nullity of marriage (for which the competence had belonged previously to the Congregation competent for the discipline of the Sacraments). On the other hand, it created a sectio altera at the Signatura for resolving conflicts between private persons and the organs of the ecclesiastical administration. Thus, not only was vigilance over the correct administration of justice in the Church given to the Signatura, but it became also an administrative tribunal. For the first time, such a tribunal was established in the Church, guaranteeing the fundamental rights of the faithful before the exercise of the administrative power of the Church. These new competences given to the Apostolic Signatura by Pope Paul VI, were confirmed by Pope John Paul II, first by can. 1445 of the Code of Canon Law of 1983 and then artt. 121-125 of the Apostolic Constitution Pastor bonus2 3 4 of 28 June 1988, both making a clear distinction between the three main fields of competence of the Apostolic Signatura. But Pastor bonus added, in relation to contentious-administrative cases, the possibility of claiming compensation for the damage occasioned by the illegitimate act. Finally, on 21 June 2008, Pope Benedict XVI replaced the obsolete provisional Normae 2 AAS I (1909) 15 and 29-35. 3 AAS 59(1967) 885-928. MAS 80 (1988) 841-934.
