Folia Theologica et Canonica 7. 29/21 (2018)
Lectio magistralis
SEVERAL COMPETENCES, BUT ONE SOLE DICASTERY... 15 fices. In the absence of particular requirements, the discretionary power of ecclesiastical authority is very broad. It will therefore be extremely difficult to demonstrate that, in this sense, it has violated the law. This would be the case, for example, with decisions on substantial changes to a parish (regrouping, division, suppression, modification of territory, etc.). If canon law requires specific reasons for a particular type of decision (for example, cann. 1740-1741, concerning the dismissal of a parish priest), and it can be proved that these requirements have not been observed, a violation of the law in decernendo could be alleged. d. One last remark on contentious-administrative litigation Almost all contentious-administrative proceedings refer to singular administrative acts which were issued by lower authorities and were confirmed by a Dicastery of the Roman Curia. Some examples would be the dismissal or exclaustration of members of institutes of consecrated life, the removal or transfer of a parish priest and in many cases the suppression of a parish and the reduction of a church to profane use. From the examination of the causes, it can be concluded that the Dicasteries of the Roman Curia try to examine very seriously the hierarchical recourses in order to prevent a contentious-administrative recourse from being made before the Apostolic Signatura. Its existence as an administrative tribunal is therefore a guarantee for the protection of the rights of the faithful. Indeed, one cannot speak of the Church as a community of love, if one does not observe the minimal requirements of love, that is, justice. 3. The administrative function a. Introduction The competence to provide for proper administration of justice in the tribunals of the Church belongs to the Apostolic Signatura, according to Pastor bonus (art. 121) and the Lex propria (artt. 32 and 35). Indeed, the activity of the Signatura in this field is not only to guard against possible abuses, but to promote the good administration of justice. Therefore, vigilance also has a positive sense of promotion. The Apostolic Signatura, however, must respect the role proper to the tribunals of the Church; it must act as an administrative body and cannot act in their place. In any case, the Apostolic Signatura does not fulfil this duty with the intention of centralizing the work but rather proposing fraternal help to the tribunals so that they can offer a service to the salvation of souls through an appropriate administration of justice.8 8 Supreme Tribunal of the Apostolic Signatura, Circular Letter on the State and Activity of Tribunals Inter munera (30 iul. 2016): AAS 108 (2016) 948-953, esp. n. I. 948-949.
