Administrative Procedures in the Church: Experience, Inspiration, Suggestions Cover Image

Administrativní řízení v církvi: zkušenosti, inspirace, náměty
Administrative Procedures in the Church: Experience, Inspiration, Suggestions

Author(s): Jiří Dvořáček
Subject(s): Christian Theology and Religion, Constitutional Law, Public Administration, Canon Law / Church Law, Sociology of Law, Administrative Law
Published by: Společnost pro církevní právo
Keywords: CIC/1983; administrative procedure; hierarchical complaint; administrative justice; episcopal conferences; ecclesiastical conciliar ofIces; Supreme Court of the Apostolic Signatura; Sectio altera;

Summary/Abstract: The article describes the possibility of establishing ecclesiastical administrative courts at the level of local churches, especially episcopal conferences, with a focus on the situation in the Czech Republic. The content of the text is limited to the Code of the Latin Church. The article first introduces the project of local administrative courts in the preparatory work for the CIC/1983, which envisaged a parallel choice between hierarchical recourse and administrative action before an administrative court. The Latin Code was then promulgated without norms governing administrative justice. In CIC/1983, only two provisions are devoted to administrative courts, namely can. 149 § 2 and 1400 § 2. Next, the text briefly introduces the administrative hierarchical recourse under cann. 1732–1739 CIC and presents three ways in which local administrative courts could be established. Finally, the article presents some practical objections to the establishment of local administrative courts and offers an optimal solution for the Church in the Czech Republic.

  • Issue Year: XXX/2024
  • Issue No: 94
  • Page Range: 75-88
  • Page Count: 14
  • Language: Czech
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