Vatican City, 8 September 2015 (VIS) –
This morning in the Holy Press Office a press conference was held for
the presentation of the two letters issued “Motu proprio” by the
Holy Father Francis, “Mitis Iudex Dominus Iesus” and “Mitis et
misericors Iesus” on the reform of canonical processes for the
declaration of nullity of marriage in the Code of Canon Law (CIC) and
the Code of Canons of the Oriental Churches (CCEO) respectively.
The speakers at the conference were
Msgr. Vito Pinto, dean of the Roman Rota and president of the Special
Commission for the Reform of Matrimonial Processes in Canon Law;
Cardinal Francesco Coccopalmerio, president of the Pontifical Council
for Legislative Texts and member of the Special Commission; Bishop
Dimitrios Salachas, apostolic exarch of Athens for Greek Catholics of
Byzantine Rite and member of the Special Commission; Archbishop Luis
Francisco Ladaria Ferrer, S.J., secretary of the Congregation for the
Doctrine of the Faith and member of the Special Commission; Msgr.
Alejandro W. Bunge, prelate auditor of the Roman Rota and secretary
of the Special Commission; and Fr. Nikolaus Schoch, O.F.M.,
substitute promoter of Justice at the Supreme Tribunal of the
Apostolic Signatura and secretary of the Special Commission.
Cardinal Coccopalmerio specified that
the reform regards the canonical process for the declaration of
nullity of marriage. “It is a process that leads to the declaration
of nullity, or in other words, which leads first to establish whether
a marriage may be declared null and, if so, to declare its nullity.
It is not, therefore, a process that leads to the annulment of the
marriage. Nullity is distinct from annulment, and declaring the
nullity of a marriage is entirely different to decreeing its
annulment.
Archbishop Luis Francisco Ladaria
Ferrer, S.J., recalled the necessary requisites according to canon
law for the validation of a marriage between Catholics which, aside
from the absence of diriment impediments and the observance of
canonical form, including the free consent of the spouses.
“According to the teaching of the
Church”, he said, “marriage is one, only a man and a woman may
unite in marriage, and it is impossible to undertake a new
matrimonial union during the life of the spouse. Marriage is
indissoluble, as Jesus taught, and we have many examples of this
teaching in the Gospel. The Letter to the Ephesians explains to us
that sacramental marriage cannot be broken as it is the image and
expression of Christ's love for His Church. … Marriage must be open
to the transmission of life”.
“In our traditional civilisation, it
was possible to suppose that these teachings of the Church were known
and shared. In recent times there has emerged the doubt, that would
seem not without basis, as to whether all those who marry in the
Church are sufficiently aware of these teachings and, therefore, as
to whether their consent truly refers to them. If it is not the case,
their marriage would be null; that is, it would not exist in fact.
And precisely because there are these doubts, many would like to be
able to offer a rapid but reliable means for resolving the problem
and contributing to pacifying the conscience of many Catholics”.
The key points of the reform were
explained by the prelate auditor of the Roman Rota, Msgr. Bunge: “1)
the central role of the diocesan bishop, to be applied in the spirit
of collegiality.
As well as the regional, interdiocesan
and synodal tribunals, according to the various methods of the Church
and taking into account the good of the faithful and the
appropriateness of accessibility of pastoral remedies for wounded
faithful, the diocesan bishops are enabled to have their own diocesan
tribunals, and if necessary, also to decide that in this tribunal, if
it impossible to have a collegial tribunal (always chaired by a
member of the clergy), there may be a single judge (again clerical).
2) Short procedure (avoiding the terms
'summary' or 'administrative') for clear cases of nullity of
marriage, to render it more accessible to the 'masses'. In these
cases the judge would be the bishop, assisted in ascertaining the
facts by two assessors, with whom he will discuss in advance the
moral certainty of the facts adopted in deciding on the nullity of
the marriage. If the bishop is convinced of the moral certainty, he
will pronounce the decision; otherwise the case will be referred to
the ordinary process.
It may be objected that a bishop would
be unable to decide a high number of cases, to which there is a dual
response: in a region there would be not only the regional and
interdiocesan tribunals, but also the bishop in each diocese for
cases that are obviously clear; secondly, the bishop would be
assisted by the staff of his tribunal. Ongoing formation would ensure
that each bishop, with his tribunal for these cases of marriage
nullity, would discover the ministry appropriate to him, entrusted to
him in his holy ordination, as the judge of his faithful.
3) Appeal would be rare, as there would
exist agreement between the parties and there would be evident facts
regarding nullity; in the presence of elements that would lead the
appeal to be considered merely dilatory or instrumental, it would be
rejected a limine.
4) Ordinary process:
- Fast (a maximum of one year)
- Abolition of the double conforming
decision (that is, the need according to canon law in the procedures
for the declaration of nullity of marriage to have two conforming
decisions to enable the spouses to be free to contract a new
marriage. This implies that two tribunals of distinct grade declare
the nullity of the marriage for the same reasons in fact and in law,
Ed.).
- The affirmative non-appellate
judgement ipso facto becomes executive.
- If an appeal is sought following an
affirmative judgement this can be rejected a limine due to an evident
lack of supporting arguments.
This may occur in the case of
instrumental appeal, intended to harm the other party; often the
non-Catholic appellant has already undertaken a civil remarriage.
There emerges in the reform the
situation which is by now the reason why the majority of Catholics
seek the declaration of nullity of marriage: 'consulere
conscientiae', that is, aside from the civil law aspects, for reasons
of conscience (to partake in the sacraments of the Church and to
perfect a new bond which, unlike the first, is stable and happy).
5. The speed of the procedure favours
the limitation of appeals to the Holy See and therefore to the Roman
Rota, or appeals to the Apostolic Signatura to newly present a case
previously rejected by the Rota.
In conclusion; the glory of God s
living man, and may I add, man saved by the diligent ministry of the
justice and mercy of the Church”.
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