Iustitia

Synod on Synodality: An Invitation to Have a New Jerusalem Experience of Participatory Ecclesiology

Varghese Koluthara — 2024-07-26

XVI Ordinary General Assembly of the Synod of Bishops

Editors — 2024-07-26

Litterae Apostolicae Motu Proprio Datae

Editors — 2024-07-26

Title XXVII. Penal Sanctions in the Church

Editors — 2024-07-26

Title XXIV. Trials in General

Editors — 2024-07-26

Papale, Claudio, ed., Le nuove norme sui delitti riservati: aspetti sostanziali e procedurali (Quaderni Ius missionale 18), Città del Vaticano, Urbaniana University Press, 2023

Sunny Kokkaravalayil — 2024-07-26

Perumayan, Dr Biju Varghese, The Oriental Code (CCEO) and the Newly Revised Penal Law of the Latin Code (CIC) – A Review, Dharmaram Canonical Studies 30, Dharmaram Publications, Dharmaram College, Bengaluru 2023

Benny Sebastian Tharakunnel and Jeswin Arackamyalil — 2024-07-26

Apostolic Constitution Praedicate Evangelium – A New Vision on Church Administration

Shaji George Thengumpally — 2024-07-26

The Apostolic Constitution Praedicate Evangelium (PE) promulgated by Pope Francis on 19 March 2022 replaced Pastor Bonus of Pope John Paul II and reformed the Roman Curia. The new document embodies Pope Francis’ unique vision of the Church administration. It invites the Officials of the Roman Curia to arrive at a more missionary, more pastoral, and more spiritual way of functioning than a mere bureaucratic way of working. The document came out while the Bishop’s Synod on the theme of ‘synadality’ was going on. Listening and walking together are experimented with in this Apostolic Constitution. This article elucidates basic visions that guided the reformation and summarize the major changes in the functioning of the Roman Curia.

Primacy and Synodality According to the Common Tradition of the Church in the First Millennium

Paul Pallath — 2024-07-26

After a brief account of the origin of the various types of synods and councils in the early Church, the author examines the apostolic canon thirty-four, which is considered the basic principle of synodality, especially in the East. The author then illustrates the affirmation of the synodal principle and the development of primatial authorities at various levels: Metropolitan, Patriarch, and Bishop of Rome, mainly based on the canons of the first seven ecumenical councils of the undivided Church. The last part is devoted to the relationship between primacy and synodality, showing that a good functioning of both is necessary for unity and harmony in the Churches.

Administration of Justice According to Praedicate Evangelium

Benny Sebastian Tharakunnel — 2024-07-26

Based on the reform of the Roman Curia made by Pope Francis through the apostolic constitution Praedicate Evangelium, the presentation analyzes the role, structure, and function of the Dicastery of the Doctrine of the Faith and the three institutions of justice, namely, Apostolic Penitentiary, the Supreme Tribunal of the Apostolic Signatura and the Tribunal of the Roman Rota. It also discusses the role they play in the administration of justice in the Church. The study analyzes the changes brought about by these four organs of the Curia, the reasons behind the reform, and their far-reaching positive impact on the life of the Church.

Pastoral or Pre-Judicial Investigation: A Canonical Provision for the Lay Participation in the Synodal Church

Alex Velacherry — 2024-07-26

The article analyses the scope of walking together by the inclusion of the lay persons in the pastoral and judicial ministries. In 2015, Pope Francis reformed the procedural law related to the matrimonial nullity by means of two Motu proprio, Mitis Iudex Dominus Iesus for the Latin Church and Mitis et misericors Iesus for the Oriental Churches. One of the provisions of the reformed laws was the introduction of a pastoral or pre-judicial investigation given as a pastoral follow-up for those who live in irregular marriage unions. In deserving cases, it may be taken as a pre-trial step to approach the tribunal for declaration of the nullity of marriage. As per the new norm lay persons are also competent be admitted to head this mission whereby, they become part of the judicial proceedings indirectly. Unfortunately, the scope of this provision has not yet been properly explored. Therefore, this article exposes the possibility and different nuances of giving space for the lay experts in this mission. It also presents an Indian model of the project.

The Obligatory Days of Feast and Penance in CCEO and the Right of a Particular Church Sui Iuris to Safeguard its Patrimony

Marylit — 2024-07-26

Feast days and days of penance that exist in the Church have theological, liturgical, and canonical aspects. Considering the laws on obligatory days in the Eastern Code, we have to keep in mind that there are common and particular aspects of observation practices in Eastern Churches sui iuris. As a common law for all the Oriental Churches, the Code of Eastern Churches has recognized the patrimony of each Churches sui iuris. The Oriental Code also establishes the norms on feast days and days of penance in the matter of common discipline for all the Eastern Churches. Sacred times of the Church, such as Sundays, feast days, and days of penance, are the common manifestations of the faith in the Church. These days the community of the faithful is coming together to celebrate the mystery of salvation with the aim of foretasting the heavenly joy. Thus, the common and particular norm for the sacred time is essential for all Churches sui iuris.

The Establishment of an Oriental Province of a Secular Institute of the Latin Church

Justin Vadakkayil — 2024-07-26

A member of the secular institute of the Latin Church from Syro-Malabar Major Archiepiscopal Church has a Syro-Malabar ecclesial patrimony, and to live accordingly, he needs to be incorporated into the Syro-Malabar Major Archiepiscopal Church both de iure and de facto. So, is a secular institute with members of another Church sui iuris obliged to have a province? What are the juridical effects of such an ascription? This study tries to answer these questions and also attempts to explain how to establish an Oriental province of the secular institute of Lain Church. This study mainly discusses the following aspects: a) a brief note about the Decree on Eastern Churches, Orientalium Ecclesiarum; b) Canonical provisions of CCEO for Latin religious institutes; c) Juridical need of a province and how it is ascribed to a Church sui iuris.