| Year 2004 Canonical Studies pp. 45-63
Recourse against Singular or Particular Administrative Acts of the Diocesan Bishop concerning Graviora Delicta Cases:
Request for Revocation or Amendment; Hierarchical Recourse to the CDF; Recourse to the Feria IV of the CDF
(Msgr. Charles J Scicluna)
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Outline

The general structure of Administrative Justice in the Church Preliminary Definitions

The Exercise of Authority by the Diocesan Bishop

Norms applicable to singular or particular administrative acts Gravament: The title for challenging a particular administrative act

Attempts at reconciliation and local Due Process Procedures

Request for Revocation or Amendment

Hierarchical Recourse to the CDF

Recourse to the Feria IV of the CDF

Preliminary Definitions

Singular or particular administrative act (actus administrativus singularis)

can. 35: ‘Within the limits of the person’s competence, one who has executive power can issue a singular administrative act, either by decree or precept, or by rescript, without prejudice to Can. 76 § 1” (that is, the case of a privilege which is granted by the legislator or an executive authority specifically empowered by the legislator).

Cfr cann. 35-93

can. 134, § 3: ‘whatever in the canons, in the context of executive power, is attributed to the diocesan Bishop, is understood to belong only to the diocesan Bishop and to those others in can. 381, § 2 who are equivalent to him, to the exclusion of the vicar general and the Episcopal vicar except by special mandate.”

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