Dreptul de devoluțiune și instituția controlului judiciar în dreptul canonic
The Right of Devolution and the Institution of Judicial Review in Canonic Law

Summary/Abstract: Devolution is a juridical-canonical institution, found both in ecclesiastical and civil law in Romania. The right of canonical devolution is a special right, whereby an administrative organ of superior competence, goes beyond its own jurisdiction and intervenes on organs situated in a lower hierarchical status, by exercising the prerogatives of supervision, control and guidance executed ex officio, in order to apply and respect the law and restore institutional order. This right of control of higher organs over those hierarchically inferior does not prejudice the independence of the units of jurisdiction or diocesan autonomy, but focuses on the link between freedom and responsibility, for the maintenance of the canonical and administrative order of the Church. Church devolution is based on the canonical principles of diocesan autonomy, subsidiarity and jurisdiction. The right of devolution is a canonical control, similar to the institution of judicial review in civil law, whereby higher courts under the direct supervision of the canonical jurisdictional authority have the obligation and power to verify, under the conditions and with the procedure established by law, the legality and soundness of decisions rendered by lower courts and to annul or modify those decisions which are erroneous or to confirm those which are legal and validity. Judicial review by the competent courts is exercised through appeals.

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