PATRIARCHAL / MAJOR ARCHIEPISCOPALORDINARY TRIBUNAL AS TRIBUNAL OF THIRD AND FURTHER INSTANCES

Abstract

This article is an effort to evaluate the competence and the actual
functioning of the patriarchal/major archiepiscopal ordinary tribunal
as third instance tribunal. In that connection, a discussion is made on
the necessity of third instance competence for a Church sui iuris to be
judicially self-sufficient. The functioning of this tribunal is discussed in
comparison with the Roman Rota and other territorial tribunals of third
instance in the Latin Church. On the basis of the provisions of
CCEO the study attempts to identify the possible means at the disposal
of this Ordinary Tribunal to ensure just and impartial administration of
justice at the third and further levels of appeal. The study also explains
the rationale behind the incompetence of this tribunal to deal with
some reserved cases and deliberates the competence of Roman Rota
vis-à-vis the Ordinary Tribunal as the third instance tribunal.