| Year 2004 Canonical Studies

1. Favour of Faith Cases (Msgr. Charles J. Scicluna)

1. The Diocesan Bishop

The person competent to instruct favour of the faith cases are “the diocesan Bishop and those equivalent to him in law, or the eparchial bishop” (art.3); where the term Episcopus is used elsewhere in the norms, it is to be understood in light of article three. It is the intention of the Norms that those matters which are attributed by name to the diocesan Bishop pertain only to him and to the others equivalent to him, excluding the vicar general and Episcopal vicar, “except by special mandate” (cf. can. 134 § 3). If the diocesan Bishop has given a special mandate to ......


2. Graviora Delicta, the Proceedure and Praxis (Msgr. Charles J Scicluna)

A. Some preliminary considerations regarding substantive law

With reference to art. 52 of the Apostolic Constitution Pastor Bonus of 28 June 1988, art. 1 of the motu proprio Sacramentorum sanctitatis tutela of the 30 April 2001 distinguishes between two types of graviora delicta

a) “delicta in sacramentorum celebratione commissa” (delicts committed in the celebration of the sacraments)

b) “delicta contra mores” (delicts against morals)......


3. Graviora Delicta Table (Msgr Charles J Scicluna)

DIOCESE Names of diocese
CDF PROT. N. (if available) 123/1234
NAME OF CLERIC ABCD, Fghi, K.
......


4. Sexual Abuse of Children and Young (Msgr. Charles J. Scicluna)

1. Sexual Abuse of Minors by Clerics is a grave violation of divine positive and ecclesiastical law

The Sexual abuse of minors has always been considered as a grave violation of the Christian Ethos. It has always been included among the types of conduct proscribed by the Sixth Commandment of the Decalogue: A You shall not commit adultery (Deuteronomy 5, 18).

The Gospel of Matthew reports the very strong words of Our Lord Jesus Christ concerning scandal to the little ones: If anyone of you put a stumbling block (scandal) before one of these little ones who believe in me, it would be better for you if a great millstone were fastened around your neck and you were drowned in the depth of the sea. .......


5. Recourse against Singular or Particular (Msgr. Charles J. Scicluna)

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 .......


6. Rota Romana Addresses of John Paul II (Rev. Francis G. Morrisey, OMI)

Introduction

There are many ways of looking at papal addresses. For instance, someone might be interested in studying all that a Pope, during his pontificate, wrote or said relating to a specific topic, such as, for instance, elements regarding social justice or the place of the Church in the world.......


7. Sacramentality of Marriage and Matrimonial Nullity, F. G. Morrisey (Rev. Francis G. Morisey, OMI)

Introduction

Since the year of Vatican II, there have been a number of significant developments both in the understanding of the nature of Christian marriage and in the effect of this understanding on our work in marriage tribunals. These developments are centered on three particular areas of concern: ......


8. Elements of Proof in Simulation Cases (Rev. Francis G. Morrisey, OMI)

INTRODUCTION

- It is not my intention in this presentation to present things that are absolutely new, but rather to bring together a number of elements that could be considered separately but, when taken together, provide a new outlook on the situation.

- I should mention from the beginning that I am going to refer to the canons of the Latin Code. I recognize that the procedural norms are quite similar when we compare the Latin Code with the Oriental one, but it would bring me too far afield to try and keep both Code running in tandem. I hope you understand..........