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| Which proposal do you approve? |
| Proposal of the Cardinal Kalixtus |
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25% |
[ 1 ] |
| Proposal I of the Pope |
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50% |
[ 2 ] |
| Proposal II of the Pope |
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25% |
[ 1 ] |
| Proposal of the Cardinal Richelieu1 |
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0% |
[ 0 ] |
| None of the Proposals |
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0% |
[ 0 ] |
| Abstention |
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0% |
[ 0 ] |
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| Total des votes : 4 |
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| Auteur |
Message |
Adonnis Cardinal


Inscrit le: 19 Jan 2018 Messages: 5263 Localisation: Monte Real/Leiria - Palazzo Taverna/Roma
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Posté le: Dim Juin 18, 2023 9:05 pm Sujet du message: [Vote] Possible reforms of the tribunals |
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At the request of His Holiness, I am putting to a vote the proposals presented for the Reform of the Judiciary.
Period for voting: 5 days.
PROPOSAL OF THE CARDINAL KALIXTUS:
| Kalixtus a écrit: |
Okay - I'm ignoring the point that a reform after the reform somehow makes my whole justice course collapse again and redesigning the thing just drags everything out again. But anyway.
For some years now, I have been arguing for a streamlining of the judicial system from 6 to 3 courts.
I would like to share my thoughts on this matter.
Why 3 courts?
Because there are three central levels - the lay and faithful level, the parish clergy level, and the church leadership level.
My breakdown looks like this:
1. Court: National Officium.
Each language zone will have a National Officium.
Presided over by the cardinal-priest or, in his absence, a cardinal-deacon from the corresponding papal consistory.
Competent for canonical crimes of the faithful
Competent for marriage dissolutions
Advantage - here, based on the cardinal-priest, the court can then immediately pass judgment on marriage matters and does not have to be debated separately in the consistory. These courts can also resolve any petty issues that arise with the faithful.
Revision is possible - in second instance at the Inquisition Court.
2. the Inquisition Court.
Presided over by a Cardinal Inquisitor, appointed by the Chancellor of the Congregation of Sacred Truth.
Consideration of language zone is optional - lingua franca is English.
First instance jurisdiction for crimes of the parish clergy in general, i.e. canonical and dogmatic crimes.
First instance jurisdiction for crimes against dogma by the faithful (except marriage annulments)
Second-instance jurisdiction for revision cases of the National Offices.
Revision only of first-instance judgments possible at the Supreme Tribunal of the Apostolic Signatura
3. Supreme Tribunal of the Apostolic Signatura
Presided over by the Dean appointed by the Pope for life.
5 members of the Tribunal:
- Dean of the Signatura
- Dean of the Sacred College
- Chancellor of the Congregation of the Holy Truth
- Chancellor of the Congregation of the Holy Office
- Chancellor of the Congregation for the Diffusion of the Faith
Should offices overlap for example if one is Dean of the Curia and Chancellor of the CSO - then a Chancellor of the other Congregations moves up - just as if a Congregation has vacant Chancellors, they are replaced by another Chancellor.
The selection of the 5 is based on their thematic and theological focus.
First-instance jurisdiction for crimes of Church leadership (bishops and cardinals) in general - i.e., canonical and dogmatic crimes.
Second-instance jurisdiction for revision cases of the Court of Inquisition.
4. role of the pope
The Pope is superior and detached from the courts. He can revise, modify, annul all judgments. He thus has an extraordinary function and decides this in his own way. He does not need a court for this, since he is the representative of God on earth. His judgment is an extraordinary intervention.
5. Advantages of this structure.
- Major advantage. We need less staff.
- We have less bureaucracy
- We have an efficient system by sharing responsibilities based on national needs and universal church needs.
- Streamlining of the judicial system
- Clearer revision possibilities
- More efficient and theologically valued role of the pope without additional burden on the pope if he does not want it. Keyword: personal responsibility
- The focus is no longer on ordinary and extraordinary jurisdiction but on the hierarchical status of the defendant.
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PROPOSAL I OF THE POPE:
| Sixtus a écrit: |
Ordinary justice
Penitenciary > first instance for all
Rota > second instance for all + marriage dissolutions
Extraordinary justice
Inquisition > first instance for all
Signature > second instance for all
Pontifical tribunal
Ordinary and extraordinary justice and final instance for Cardinals only
With this, given that the signature and pontifical tribunal have a variable composition, we'd need a grand total of six people able to speak a given language, something far easier to achieve than needing at least a dozen for each language.
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PROPOSAL II OF THE POPE:
| Sixtus a écrit: |
Rota > marriage dissolutions
Inquisition > first instance for all
Signature > second instance for all
Pontifical tribunal > final instance for Cardinals only
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PROPOSAL OF THE CARDINAL RICHELIEU1:
| Richelieu1 a écrit: |
Hello everyone.
I'm going to take the opposite approach to what has been suggested.
For me, centralising justice in Rome is a mistake.
I have always campaigned for the local bishop to be the first level of justice.
The word bishop episkopos literally means "overseer" or "overseer"; he is the shepherd or guardian who leads and protects the flock.
For me, abolishing Episcopal officialdom is nonsense and a negation of the work of the local clergy.
And as far as the faithful are concerned, it seems absurd to me to take them all the way to Rome for the dissolution of a marriage! It just doesn't make sense.
In my opinion, the first level of justice should be done by the Archbishop. That's his role. An archbishop's role is not just to say Mass! Parish priests do that very well.
I agree that there should be a level of appeal to Rome. But not in the first instance. And this first instance must be in the hands of the Archbishop, whether for matters involving the faithful or clerics.
In my opinion, National officialdom should be reserved for dioceses without an Archbishop.
Obviously, procedures need to be simplified. There's no need to have a whole court and a whole prosecutor's office. An officiality should be small and simple. The authority of the Archbishop takes precedence.
If an appeal is necessary, then Rome must be mobilised with greater resources.
After that, of course, in special cases, it is necessary to have a sharper branch than the Inquisition for the most serious cases.
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.........Cardinal-Bishop of Saint Valentine of the Victories / Archichancellor of the Holy See / General Inquisitor of Portugal
.............Governor of Latium / Metropolitan Archbishop of Braga / Bishop of Vila Real and Ostia / Duke of Monte Real |
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Roderic_ Cardinal

Inscrit le: 31 Mar 2020 Messages: 2147 Localisation: Rome et la Principauté de Catalogne
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Posté le: Lun Juin 19, 2023 4:28 am Sujet du message: |
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