Folia Theologica 22. (2011)
Szuromi Szabolcs Anzelm O.Praem.: Medieval Canonical Sources and Categories of Singular Administrative Acts
no Anzelm Sz. SZUROMI Although according to the law in effect, it is not a legal norm in itself, nevertheless it was considered as such at first in the matured medieval canon law. Later, however, after accurate distinctions made by jurisprudence, it was judged not to be regarded as a legal norm. Singular decision is a right because of its administrative character, not to be confused with the decision made in a judicial process - be it contentious or penal - in spite of the fact, that, in many cases the competent ecclesiastical authority's decision to make an administrative act is in order to avoid trial or to safeguard the reputation of the Church.2 3 The administrative act itself, however, is not the result of the contentious or penal trial. Although the legal material that can be found in canons 35-93 of the new Code of Canon Law, promulgated 25th January 1983, presently has a new and comprehensive title: De actibus administrativis singularibus; nevertheless the categories applied in it had already existed in the preceding law. Singular decree, that is decretum singulare (and its most characteristic kind, the singular precept: preceptum singulare), rescript (rescriptum), privilege (privilegium), dispensation (dispensatio), and other acts not forming a separate group, issued by the competent ecclesiastical authority and inserted into the law in effect, had been known also in the earlier law. The three principal types are treated in the CIC (1917) consecutively and separately as parts of the general norms in canons 36-86, under the titles: De rescriptis,4 De privilegiis,5 and De dispensationibus.6 But further rules regarding this administrative form, besides the general norms, were found scattered throughout the entire earlier Code. In this, the CIC (1917) followed the Corpus iuris canonici, which collected and designated the old legal material that relates to the above mentioned three administrative categories under separate titles, both in the Liber Extra and the Liber Sextus. Those texts of the legal sources that explain both the singular administrative deci2 Erdő, P., Egyházjog (Szent István Kézikönyvek 7), Budapest 2005.4 111. 3 Labandeira, E., Tratado derecho administrativo canonico, Pamplona 1993.2 292-294. 4 CIC (1917) Cann. 36-62; cf. Michiels, G., Normae generales juris canonici (Commentarius libri I Codicis luris Canonici), II. Parisiis - Tornaci - Romae 1949. 278-479. 5 CIC (1917) Cann. 63-79; cf. Michiels, G., Normae generales juris canonici, II. 481-653. 6 CIC (1917) Cann. 80-86; cf. Michiels, G., Normae generales juris canonici, II. 671-771.
