Vatican City, 8 September 2015 (VIS) -
“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 Eastern Churches (CCEO) are the two letters issued “Motu
proprio” by the Holy Father Francis, published today.
In the first, “Mitis Iudex Dominus
Iesus”, the Pope writes that the Lord Jesus, “clement Judge,
Pastor of our souls, has entrusted to the Apostle Peter and his
Successors the power of the keys to fulfil in the Church the works of
justice and truth; this supreme and universal power to bind and
dissolve here on earth affirms, corroborates and vindicates that of
the Pastors of the particular Churches, by virtue of which they have
the sacred right and, before the Lord, the duty to judge their own
subjects”.
“Throughout the centuries”, he
continues, “the Church, in matters of marriage, acquiring a clearer
awareness of the Words of Christ, has understood and explained in
greater depth the doctrine of the indissolubility of the sacred
conjugal bond, has developed the system for the annulment of
matrimonial consent, and has more suitably disciplined the relevant
judicial process, so that ecclesiastical discipline is more
consistent with the truth of the professed faith”.
“All this has always been done with
the supreme law of the salvation of souls as a guide. … Aware of
the above, I have undertaken to reform the processes for the
declaration of nullity of marriage, and for this purpose I have
constituted a Group of persons eminent for their competence in legal
doctrine, their pastoral prudence and their forensic experience who,
under the guidance of the Most Excellent Dean of the Roman Rota, have
drafted a plan for reform, without prejudice to the principle of the
indissolubility of the marriage bond. … This Group has developed a
framework for reform which, after thoughtful consideration with the
assistance of other experts, has provided the basis for this 'Motu
proprio'”.
“It is therefore the concern for the
salvation of souls that, today as yesterday, remains the supreme
objective of the institutions and laws, and drives the Bishop of Rome
to offer to the Bishops this reform document, insofar as they share
with him the task of the Church to protect unity in faith and in
discipline regarding marriage, the cornerstone and origin of the
Christian family. The drive to reform has been fuelled by the
enormous number of faithful who, while wishing to be at peace with
their conscience, are too often separated from the legal structures
of the Churches due to physical or moral distance; charity and mercy
therefore require that the same Church, as a mother, to be closer to
her children who consider themselves separated”.
“This direction was also indicated by
the votes of the majority of my Brothers in the Episcopate, gathered
in the recent extraordinary Synod, who called for faster and more
accessible processes. In full harmony with this desire I have decided
to introduce, by this Motu proprio, provisions that favour not the
nullity of marriage but rather the speed of processes, along with the
appropriate simplicity, so that the heart of the faithful who await
clarification of their status is not long oppressed by the darkness
of doubt due to the lengthy wait for a conclusion”.
“I have done so following in the
footsteps of my predecessors, who wanted procedures for the
declaration of nullity of marriage to be treated by judicial rather
than administrative means, not because the nature of the matter
imposes this but because it is demanded by the need to protect to the
greatest extent possible the truth of the sacred bond; and this is
precisely what is ensured by the guarantees of the judicial order”.
The Pope goes on to indicate a number
of fundamental criteria that guide the reform:
“1. A single judgement in favour of
executive nullity: it would appear appropriate to no longer require a
double conforming decision in favour of the nullity of the marriage
to enable the parties to be able to contract a further canonical
marriage, instead considering sufficient the moral certainty reached
by the first judge in accordance with the rules of law.
2. A single judge under the
responsibility of the bishop: the constitution of the single judge,
in any case clerical, is in the first instance the responsibility of
the bishop, who in the pastoral exercise of his judicial power must
ensure that the former does not engage in any form of laxity.
3. The same bishop is the judge: …
The bishop in his Church, of which he is constituted pastor and head,
is for this reason judge among the faithful entrusted to him. It is
hoped, therefore, that in both large and small dioceses the same
bishop may offer a sign of the conversion of the ecclesiastical
structures, rather than completely delegating the judicial function
in matters of marriage to the offices of the curia. This is
especially relevant to the shorter procedure, established to resolve
the most evident cases of nullity”.
4. Short procedure: Indeed, aside from
streamlining processes for the declaration of nullity, a form of
shorter process is designated – in addition to the current
documentary procedure – to be applied in cases in which the alleged
nullity of the marriage is supported by particularly clear
arguments”. The Holy Father observes that “it does not pass
unnoticed that a shorter procedure may endanger the principle of the
indissolubility of marriage; for precisely this reason I have
required that in such a procedure the judge be the bishop himself
who, due to his pastoral office, is with Peter the greatest guarantor
of Catholic unity in faith and in discipline”.
5. Appeal to the Metropolitan See: it
would be appropriate to restore the faculty of appeal to the
Metropolitan See, since this office of the head of the ecclesiastical
province, stable throughout the centuries, is a distinctive sign of
the synodality of the Church.
6. The competence of the Episcopal
Conferences: the Episcopal Conferences, which must be above all
driven by the apostolic eagerness to reach the lost faithful, are
strongly aware of their duty to share in the aforementioned
conversion, and fully respect the right of the bishops to organise
the judicial power in their own particular Churches. … Along with
their proximity to the judge, the Episcopal Conferences, to the
extent possible, must ensure just and dignified retribution to
tribunal staff, ensuring that the processes are free, since the
Church, in a matter so closely linked to the salvation of souls,
demonstrates the gratuitous love of Christ by which we have all been
saved”.
7. Appeal to the Apostolic See: It is
convenient, in all forms, to maintain the appeal to the ordinary
Tribunal of the Apostolic See, that is the Roman Rota, respecting an
ancient judicial principle, so as to strengthen the bond between the
See of Peter and the particular Churches, in any case taking care, in
the discipline of such appeal, to limit any abuse of the right, so
that it does not jeopardise the salvation of souls.
The law of the Roman Rota will be
adapted as soon as possible to the rules of the reformed procedure,
within the limits of necessity.
In the eighth point the Pope mentioned
that, given the specific ecclesial and disciplinary order of the
Eastern Churches, the norms for the reform of the discipline of
marriage processes have been issued separately in the Code of Canons
of the Eastern Churches.
Finally, he decrees and institutes that
the Book VI of the Code of Canon Law (part III, title I, chapter I)
on processes for the declaration of the nullity of marriage (canons
1671 to 1691) will be entirely substituted by the new norms, with
effect from 8 December 2015.
In the Motu proprio “Mitis et
misericors Iesus”, addressed to the Eastern Churches, Pope Francis
notes that his venerated predecessor, St. John Paul II, in
promulgating the Code of Canons of the Eastern Churches, affirmed
that “since the beginning of the canonical codification of the
Eastern Churches, the same consistent will of the Roman pontiffs to
promulgate two codices, one for the Latin Church and one for the
Eastern Catholic Churches, has shown very clearly that these latter
wish to conserve what has occurred by divine providence in the
Church, that is, that reunited by a single Spirit, she must breathe
with the two lungs of East and West, and burn with Christ's charity
like a single heart composed of two ventricles”.
“Following in the same path, and
taking into account the particular ecclesial and disciplinary order
of the Eastern Churches, I have decided to issue in a separate Motu
proprio the norms for the reform of the discipline of marriage
processes in the Code of Canons of the Eastern Churches”.
The Pope goes on to emphasise the
importance of the ministry of the bishop, with according to the
teachings of the Eastern Fathers, is “judge and physician, since
man, wounded and fallen, owing to original sin and his personal sins,
sickens and with the medicine of penitence obtains healing and
forgiveness from God, and is reconciled with the Church. Indeed, the
bishop, constituted by the Holy Spirit as the figure of Christ and in
the place of Christ, is first and foremost the minister of divine
mercy”.
The Bishop of Rome emphasises that
appeal to the Metropolitan See is “a hallmark of the fundamental
synodality in the Eastern Churches, which should be supported and
encouraged”, and addresses to the Synods of the Eastern Churches
the recommendations which in the Motu proprio “Mitis Iudex Dominus
Iesus” are addressed to the Episcopal Conferences.
Finally, he decrees and establishes
that in Title 26 of the Code of Canons of the Eastern Churches
(Chapter 1, article 1). Cases for the declaration of the nullity of
marriage, canons 1357-1377) is entirely substituted by the new norms,
with effect from 8 December 2015.