Can a Diocesan Bishop Influence the Decisions of his Diocesan Tribunal? Reflections on the Pope Francis’ Statement to the Roman Rota on January 29, 2021 Cover Image

Czy biskup diecezjalny może wpływać na decyzje swego sądu? Refleksje na kanwie wypowiedzi papieża Franciszka do Trybunału Roty Rzymskiej z 29 stycznia 2021 r.
Can a Diocesan Bishop Influence the Decisions of his Diocesan Tribunal? Reflections on the Pope Francis’ Statement to the Roman Rota on January 29, 2021

Author(s): Piotr Majer
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: Catholic Church; Roman Rota; diocesan bishop; Ecclesiastical judicature; the judicial vicar; judicial independence; Mitis Iudex Dominus Iesus

Summary/Abstract: This paper was inspired by the Pope Francis’ statement in which he encouraged a bishop who disagreed with the decision of his own diocesan tribunal to judge the case himself. The following issues are analyzed in the paper: 1) the judicial power of the diocesan bishop, 2) the Pope Francis’ call for the bishop to personally judge, and 3) the potestas vicaria of a judicial vicar (offcialis) and his independence from the bishop in judging. The concern of a diocesan bishop for the proper administration of justice, in accordance with the law and the Magisterium of the Church, cannot consist in intervening in specific cases, but it should be expressed in a bishop’s concern for the diocesan tribunal in the broadest sense of the term, especially in the filling of judicial offices with competent persons to whom a bishop should provide with conditions for the reliable exercise of judicial ministry.

  • Issue Year: 31/2021
  • Issue No: 2
  • Page Range: 167-197
  • Page Count: 31
  • Language: Polish