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| DOI | 10.32060/PERIODICA.1.2018.37-72 |
| Author | Gianpaolo Montini |
| Title | L’approvazione in forma specifica di un atto impugnato |
| Periodical | Periodica de re canonica |
| ISSN | |
| Volume | 107 |
| Year | 2018 |
| Pages | 37-72 |
| Abstract | This article is divided into two parts. The first describes the genesis, hitherto unknown, of art. 126 of the General Regulations of the Roman Curia, that regulates the procedure for obtaining approval in forma specifica by the Supreme Pontiff of an act of a dicastery of the Roman Curia, which consequently becomes an act of the Supreme Pontiff and is therefore not open to appeal. The second part describes a recent practice: dicasteries asking the Supreme Pontiff for specific approval of an act that was challenged at the Apostolic Signatura, and which is conducting a judgment on the same act through contentious-administrative recourse. This situation would require – in the opinion of the author – the application of the aforementioned art. 126 of the General Regulations of the Roman Curia, which consists of (at |