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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.

Issues of the journal that are published as of 2024 are available for purchase from Àncora Editrice (in print or digital format).

Volume: 2023 - Issue: 2

Gianfranco Ghirlanda, La cost. ap. In Ecclesiarum communione: riorganizzazione del Vicariato della diocesi di Roma, 175-202
Abstract:

The author shows how the reform of the Roman Curia is a symbol for the reorganization of the Vicariate of the diocese of Rome, which took place with the apostolic constitution In Ecclesiarum communione, which in turn must be a symbol for the reorganization of the various diocesan curiae. The Church of Rome is presented as an evangelizing and missionary community, which must organize itself on the basis of the principle of synodality and participation. This becomes concrete in the importance that the apostolic constitution gives to the episcopal council, presided over by Pope himself or, in his absence, by the Cardinal Vicar, and composed of all the auxiliary bishops, who are called upon not only to express their own respective opinions but, beyond can. 473 §4, to give consent to the decisions of the Cardinal Vicar in the most important matters that are determined in the apostolic constitution itself. It is in fact considered the “primary organ of synodality” and the “highest place of discernment and of pastoral and administrative decisions”. In the spirit of synodality, in a consultative manner, all of the diocesan consultative bodies must also be involved in the most important decisions by the episcopal council.

Jordi Bertomeu Farnós, Il diritto di difesa e l'assistenza tecnica obbligatoria. Il nuovo articolo 20 §7 delle norme sui delicta reservata, 203-231
Abstract:

The recent reform of the Normae or motu proprio Sacramentorum sanctitatis tutela has required (in art. 20 §7) an obligatory and professional defense, even with the presence of advocates ex officio, in trials concerning delicta graviora that are undertaken under the competency of the Dicastery for the Doctrine of the Faith as a fitting manifestation of the right of defense in inflicting or declaring a penalty by means of an extrajudicial decree. This legislative choice, taken within the context of a progressive “judicialization” of the administrative penal procedure, involves an implicit confusion of the right to defense with procedural professional assistance, a confusion that not only makes the right to self-defense almost impossible (a right that is implicitly permitted in the CIC and is fully consolidated in the jurisprudence of the various international courts that are comparable to the DDF) but also raises many perplexities and problems that are contrary to the presumed interests of justice that support such a decision.

Conor Steadman, Moral Certitude and the Australian Royal Commission, 233-265
Abstract:

This article traces the dialogue between Australian authorities, the Australian Episcopal Conference, and the Holy See concerning the response to the crisis of the sexual abuse of minors, focusing solely on the question of the certainty required for the resolution of criminal cases. On the part of the Church, the insufficiency of “probability” (the “balance of probabilities”) for a conviction in the canonical forum in the face of the requirement for moral certainty (can. 1608), is confirmed.

Francesco Coccopalmerio, Il Dicastero per i Testi Legislativi (Dicastero per il Diritto canonico?) nella costituzione apostolica Praedicate evangelium, 267-297
Abstract:

The author intends to present the Dicastery for Legislative Texts as it is structured in the apostolic constitution Praedicate evangelium in Articles 175-182. First, he offers a thorough analysis of the aforementioned articles, considering the previous configuration of the Pontifical Council for Legislative Texts in Pastor bonus. He then rereads the articles themselves in a different order, an approach that allows the author to understand more clearly the tasks proper to the Dicastery. In the end, he attempts an evaluation of the Dicastery for Legislative Texts also through an analogy with the Dicastery for the Doctrine of the Faith.

Paolo Bianchi, Dalla indagine previa al processo penale: che cosa acquisire?, 299-317
Paweł Malecha, La costituzione apostolica Praedicate evangelium apporta novità circa gli Avvocati presso la Curia Romana e gli Avvocati della Santa Sede?, 319-326
Romanae Rotae Tribunal, P., Decretum coram R.P.D. Gerardo McKay, R.P.D. Michaële Xaverio Leone Arokiaraj, Extensore, diei 2 decembris 2016, in una Poenalis; Praeiud.: Null. Decisionum (B. 101/2016), 327-336
Marco Billeri, Conflitti tra associazioni private dei fedeli e autorità ecclesiastica. Uno studio sulla tensione tra autonomia e legittima vigilanza, 337-347
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