Folia Canonica 8. (2005)

STUDIES - Wojciech Kowal: Norms for Preparing the Process for the Dissolution of the Matrimonial Bon din Favour of the Faith

NORMS FOR PREPARING THE PROCESS FOR THE DISSOLUTION

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II. Procedure for the Instruction of Dissolution in Favour of the Faith Cases at the Diocesan Level

Part II of the Norms of2001 (retaining, however, the consecutive numbering of the articles) concerns procedural aspects of cases of dissolution of a marriage in favour of the faith.

I. Competence in favour of the faith cases

The dissolution of a marriage in favour of the faith is granted personally by the Supreme Pontiff in virtue of his vicarious authority.66 67 However, favour of the faith cases are examined by the Congregation for the Doctrine of the Faith prior to their submission to the Holy Father. This course of action confirms the competence of the Congregation for the Doctrine of the Faith in this matter affirmed in Regimini Ecclesiœ universes,61 and again confirmed by John Paul II in his Apostolic Constitution Pastor bonus on the reform of the Roman Curia.68 Article 2 of the Norms of 2001 states the principle that only the Congregation for the Doctrine of the Faith is competent to examine individual cases and, if expedient, to submit to the Supreme Pontiff the petition for the favour being sought.69 We could add that, in accordance with the established practice of the Holy See, non-sacramental marriages which are at the same time non-consummated unions are to be instructed as favour of the faith cases and therefore should be submitted to the Congregation for the Doctrine of the Faith.70

66For discussion on the possibility of delegation of the power to dissolve marriages to lower ecclesiastical authorities, sec J.-P. Labelle, “La dissolution du lien conjugal en faveur de la foi,” in Studia canonica, 33 (1999), 48-49, Easton, “Favour of the Faith Cases and the 2001 Norms of the Congregation for the Doctrine of the Faith,” 100.

67 See Paul VI, Apostolic Constitution Regimini Ecclesiœ universa:, 15 August 1967, art. 34, in AAS, 59 (1967), 898 (English translation in T.L. Bouscaren and J.l. O’Connor [eds.], The Canon Law Digest, vol. 6, New York 1969, 330).

68 “It [the Congregation for the Doctrine of the Faith] is to examine whatever concerns the privilege of the faith, whether in law or in fact” (John Paul II, Apostolic Constitution Pastor bonus, 28 June 1988, art. 53, in AAS, 80 [1988], 874 [English translation by F.C.C.F. Kelly - J.H. Provost - M. Thériault, second, revised, bilingual and annotated Latin-English edition prepared by M. Thériault, Ottawa, Faculty of Canon Law, Saint Paul University, 2000, 33]).

69 “Congregationis pro Doctrina Fidei est singulos casus examinare et, si expedit, Summo Pontifici petitionem ad gratiam impetrandam subicere” (Potestas Ecclesiœ, 8).

70 For the discussion of the competence of the Roman dicasteries in this regard, cf. J. Kowal, “Nuove 'Nonne per lo scioglimento del matrimonio in favorem fidei'," 489-490; Amborski, The Development of the Process for the Dissolution of the Matrimonial Bond in Favour of the Faith, 31-35.