Folia Theologica et Canonica 7. 29/21 (2018)
Lectio magistralis
SEVERAL COMPETENCES, BUT ONE SOLE DICASTERY... 11 Speciales5 by the Lex propria [LP] of the Supreme Tribunal of the Apostolic Signatura. 2. A dual task and three fields of competence Article 32 LP states: “In addition to the function of Supreme Tribunal, which it exercises, the Dicastery sees that justice is properly administered in the Church”. Already, art. 121 of Pastor bonus had stated that the Apostolic Signatura acts as the Supreme Tribunal and, in addition, sees to the proper administration of justice in the Church, that is, in its tribunals. According to Pastor bonus and also according to the Lex propria, it exercises thus a double task: one of a purely judicial nature and another of an administrative nature. The Apostolic Signatura is a real tribunal, whose decisions are judicial decisions, for both the judicial and the contentious-administrative causes. For its administrative function, the Apostolic Signatura sticks to the tasks assigned to it by the law. It therefore has three fields of competence, two judicial and one administrative, suggesting that it is a body which is somewhat analogous, in the civil order, to a Court of Cassation, a Council of State and a Ministry of Justice. 3. The organization of the Apostolic Signatura as one body The Apostolic Signatura is first of all a college of judges, that is to say, a group of Cardinals and Bishops, appointed by the Sovereign Pontiff, although to the college there could be added - so far in theory - non-bishop clerics, provided that they are competent. In general, this college judges by panels of five judges. It is, however, also the responsibility of said Fathers of the Apostolic Signatura “together with the Secretary to examine and approve the text of a general executory decree or an instruction prepared in the Congresso, and also to treat general questions pertaining to the correct administration of justice” (art. 112 LP). Central and necessary in the functioning of the Apostolic Signatura is the Congresso, which is a sort of advisory body for the Cardinal Prefect. Indeed, after hearing all the major officials present, the Cardinal Prefect alone decides in the Congresso. All the major questions of whatsoever kind that reach the Apostolic Signatura pass in one or another way through the Congresso. As to the functions in particular, it is clear that the Prefect, the Secretary and the Promoter of Justice form the linchpin of the Tribunal. The latter official is assisted by two substitutes, while the Defender of the Bond often acts as deputed Promoter of Justice, in cases in which he has not to defend the bond. By the way, 5 5 Given on 23 March 1968 ad experimentum for three years, but afterwards several times extended.
