Folia Theologica et Canonica 7. 29/21 (2018)
Lectio magistralis
SEVERAL COMPETENCES, BUT ONE SOLE DICASTERY... 13 2. Contentious-administrative causes (art. 34 LP) a. Introduction The Apostolic Signatura, which is in practice the sole administrative tribunal of the Catholic Church6, examines first of all contentious-administrative recourses, together with, in some cases, claims for compensation for damages caused by the illegitimate act. It could also adjudicate other administrative controversies which may be deferred to it by the Roman Pontiff or by Dicasteries of the Roman Curia, as well as conflicts of competence between Dicasteries. In the almost thirty years of my daily work in the Apostolic Signatura, there was, as far as I remember, not even one such administrative controversy deferred by the Roman Pontiff or a Dicastery to the Signatura for adjudication. In conflicts of competence between Dicasteries, the judgement concerns only the question which Dicastery is competent to handle the matter under conflict. Hence, I will only talk about contentious-administrative recourses. The Lex propria (art. 34, § 1) establishes in this respect that the Supreme Tribunal of the Apostolic Signatura shall examine recourses lodged within the peremptory period of sixty useful days against singular administrative acts issued by the Dicasteries of the Roman Curia or approved by them, whenever it is contended that the challenged act violated some law whatsoever with regard to the substance of the decision (in decernendo) or in the procedure used (in procedendo). The LP also stipulates that in these cases, in addition to the judgment of illegitimacy, the Apostolic Signatura may also make a judgment about the reparation of damages occasioned by the unlawful act, if the recurrent requests it. Such a question would therefore be subordinate to the principal one. b. The subject-matter of the recourse Recourse must be made against one or more singular administrative acts, that is, acts arising from the exercise of administrative or executive power in the Church (for example, by a diocesan bishop). Thus, it can not concern an act of judicial power (such as a tribunal decision) or an act of legislative power (such as a diocesan law) nor a general administrative act (such as a general decree of a diocesan bishop on the preparation of marriage). Singular administrative acts must also have been issued or at least have been approved by a Dicastery (Congregation or other body) of the Roman Curia. Obviously, recourse to the Apostolic Signatura cannot be made against a decision of the Sovereign Pontiff (can 1404) or against an act which he has approved in forma specifica (can. 1405, § 2). It should also be noted that, by the will of the Sovereign Pontiff, recourse to the Apostolic Signatura is absolutely impossible against the adminis-6 There are in Germany administrative tribunals, however with a restricted competence only for some specific labor questions.
