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Periodica de re canonica
Periodica de re canonica
Articles published in the journal Periodica de re canonica up to 2023 will gradually be made available in PDF format on this website (in the "open access" mode). Currently, the PDFs of 30 percent of the articles published between 1924 and 2018 are accessible.

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DOI10.32060/PERIODICA.1.2018.37-72
AuthorGianpaolo Montini
TitleL’approvazione in forma specifica di un atto impugnato
PeriodicalPeriodica de re canonica
ISSNISSN print 2610-9212 — ISSN digital 2611-4054
Volume107
Year2018
Pages37-72
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
least) the acquisition of the file to be submitted to the Supreme Pontiff of the documentation of the process regarding the act to be approved in forma specifica.


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