Folia Theologica et Canonica 7. 29/21 (2018)
Lectio magistralis
SEVERAL COMPETENCES, BUT ONE SOLE DICASTERY.,. 17 effort to inform the respective Bishop Moderator. The effectiveness of its interventions, however, depends to a large extent on the active collaboration of the Bishop Moderators of the tribunals and, in the interdiocesan tribunals, of all the Bishops concerned, as well as the true ecclesial spirit of their staff, their sentire cum Ecclesia. c. Other administrative competences Disciplinary sanctions and hierarchical recourses concerning the administration of justice (for example, against the revocation of the approval of a lawyer) are rare and have to do with the protection of the correct administration of justice. It pertains also to the Apostolic Signatura to grant competence for a proportionate reason by assigning a case to a tribunal that would otherwise be absolutely incompetent and to extend the competence of a relatively incompetent tribunal, so that they may hear the case or cases in question. The rescripts of the Signatura can also regard dispensation from the required degree in canon law for judges, promoters of justice or defenders of the bond. Dispensation from this requirement, sadly, has several times to be given, as the work of some tribunals would otherwise simply come to an end or be greatly delayed. Decrees required in order to obtain civil effects for the decisions of ecclesiastical tribunals (decreta exsecutivitatis) concern in practice only Italy, Portugal and Brazil, by virtue of the respective concordats. They have the nature of a certificate that the essential rules of the canonical trial have been observed and do not enter into the merits of the individual marriage cases. The Apostolic Signatura, finally, receives questions concerning the correct administration of justice. It is for the Apostolic Signatura, because of its constitutional nature, to answer questions regarding the application of procedural law, if they are worthwhile. When it is a less important matter, the Apostolic Signatura usually sends a simple opinion prepared by one of its collaborators. On the contrary, if the question concerns an important matter, for example, widespread abuses in the administration of justice, it responds by a general decree, an instruction or a declaration, often published, for example, in canonical journals. It does not answer, however, when the request regards a concrete case not yet completed, because it is up to the legitimate judge to do so. Similarly, it is not in the habit of answering specific questions of private persons or lawyers concerning the application of the procedural law. Finally, it does not answer when there is a legal doubt: it is for the Pontifical Council for Legislative Texts to give authentic interpretations, which have the force of law. d. Declaration of nullity of marriage Art. 118 LP mentions among the administrative matters handled by the Apostolic Signatura the declaration of nullity of marriage when the appropriate trial is impossible and (or) obviously superfluous. Such cases were until now very ex
