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re: "Apostolic Letter issued Motu Proprio Mitis Iudex Dominus Iesus, on the reform of canonical procedure for the annulment of marriage in the Code of Canon Law (15 August 2015)"
- "Pope Francis issued two Apostolic Letters motu proprio
on Tuesday [9/8/15], by which he introduced reforms to the legal structures of
the Church, which deal with questions of marital nullity. One of the
Letters motu proprio, known by its Latin title, Mitis Iudex Dominus Iesus – or 'The Lord Jesus, Clement Judge' – reforms the Code of Canon Law (CIC) governing the Latin Church, while the other, Mitis et misericors Iesus or 'Clement and merciful Jesus' – reforms the Code of Canon Law for Oriental Churches (CCEO)....The Holy Father goes on in the preface to explain that the
reforms are guided by seven specific criteria, ample excerpts of which
Vatican Radio offers below in its own unofficial English translation:
That there be only one sentence in favor of executive nullity
– It appeared opportune, in the first place, that there no longer be
required a twofold decision in favor of marital nullity, in order that
the parties be admitted to new canonically valid marriages: the moral
certainty reached by the first judge according to law should be
sufficient.
A single judge under the responsibility of the Bishop –
The constitution of a single judge in the first instance, who shall
always be a cleric, is placed under the responsibility of the Bishop,
who, in the pastoral exercise of his own proper judicial power shall
guarantee that no laxity be indulged in this matter.
The Bishop is judge – In order that the teaching of the II
Vatican Council be finally translated into practice in an area of great
importance, the decision was made to make evident the fact that the
Bishop is, in his Church – of which he is constituted pastor and head –
is by that same constitution judge among the faithful entrusted to him.
It is desired that, in Dioceses both great and small, the Bishop himself
should offer a sign of the conversion of ecclesiastical
structures, and not leave the judicial function completely delegated to
the offices of the diocesan curia, as far as matters pertaining to
marriage are concerned.
Increased brevity in the legal process – In fact, beyond
making the marriage annulment process more agile, a briefer form of
trying nullity cases has been designed – in addition to the documentary
process already approved and in use – which is to be applied in cases in
which the accusation of marital nullity is supported by particularly
evident arguments. In any case, the extent to which an abbreviated
process of judgment might put the principle of the indissolubility of
marriage at risk, did not escape me [writes Pope Francis – ed.]: thus, I
have desired that, in such cases the Bishop himself shall be
constituted judge, who, by force of his pastoral office is with Peter
the greatest guarantor of Catholic unity in faith and in discipline.
Appeal to the Metropolitcan See – It is fitting that the
appeal to the Metropolitan See be re-introduced, since that office of
headship of an Ecclesiastical province, stably in place through the
centuries, is a distinctive sign of the synodality of the Church.
The proper role of the Bishops’ Conferences – The Bishops’
Conferences, which must be driven above all by the anxious apostolic
desire to reach the far-off faithful, should formally recognize the duty
to share the aforesaid conversion, and respect absolutely the right of the Bishops to organize judicial power each within his own particular Church.
Appeal to the Apostolic See – It is fitting that
the appeal to the ordinary Tribunal of the Apostolic See, i.e. the
Roman Rota, be maintained: this, in respect of a most ancient juridical
principle, so that the bond between the See of Peter and the particular
Churches be reinforced – having care, in any case, in the discipline of
the use of said appeal, to contain any and all abuse of right, in order
that the salvation of souls be given no cause for harm" (Vatican Radio, 9/8/15).
- "the
image of the family -- as God wills it, made up of one man and one
woman in view of the good of the spouses and also of the generation and
education of children -- is deformed through powerful contrary projects
supported by ideological colonizations" (Pope Francis, 9/10/15).
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