
Issues of the journal that are published as of 2024 are available for purchase from Àncora Editrice (in print or digital format).
Volume: 2019 - Issue: 4
In 2016 pope Benedict XVI promulgated the motu proprio De concordia inter Codices in order to improve the harmony between the two Codes of the Catholic Church. After a briefintroduction into the m.p., the article examines three types of questions: (a) questions raised by some peculiarities of the promulgation of this m.p.; (b) questions which regard the religious affiliation of children who were born in a mixed marriage; (c) questions regarding the competence of a Latin pastor to assist at
marriages of Oriental Catholics.
The article explains how the communion of the Roman Pontiff with the universal Church can be effected (can. 333 §2), taking into consideration above all the sensus fidei of the God’s People, and through studying the Church bodies by which the realisation of such a communion is rendered possible.
After demonstrating that within the magisterium of John Paul II there was an identification between synodality and collegiality, the author highlights that — in the teaching of Pope Francis — synodality concerns the whole Church, as a part of its «constitutive dimension», and that the collegiality of bishops is included within it. Therefore, the sensus fidei of the faithful assumes a new importance: the totality of the faithful, united to their pastors, cannot make mistakes in their belief. Through
this perspective, the Church appears both as an inverted pyramid and as a communion of concentric circles. The Synod of Bishops, in its new structure, implements this synodality within the consultative/preparatory phase of the People of God through the organs of participation in the particular and local Church: in the preparatory phase (by means of discussion and discernment), as well as in the implementation phase. Relevant ecumenical repercussions of this same reform of the Synod of Bishops and possible developments are also shown.
The process as an action of the Church must always contribute to rebuilding the fabric of the community as well as to the salvation of the souls of all those involved in the cause (both of the parties and of the members of the court). Therefore, a sentence must be an expression of the truth and, as such, must be communicable to the parties as a testimony of the truth which was brought to light by the evidence. For this reason, the Legislator wanted to give a fundamental to evidence, as well as to indicate that a sentence given by a judge must be founded on moral certitude.