Issues of the journal that are published as of 2024 are available for purchase from Àncora Editrice (in print or digital format).
Volume: 2024 - Issue: 4
Sexual delicts committed by members of Institutes of consecrated life and Societies of apostolic life: Dismissal, punishment and compensation
Following the revision of Book VI in 2021, sexual abuse committed by members of institutes of consecrated life and societies of apostolic life became delicts even when the perpetrator is not a cleric. A further change was made by the m. p. Competentias quasdam in 2022: unlike previously, the decree of dismissal of a member who has committed a delictum gravius no longer requires confirmation by the Dicastery for the Doctrine of the Faith. Against the backdrop of these changes, the article examines the particularities that arise when sexual delicts are committed by members of institutes of consecrated life and societies of apostolic life. The focus is particularly on the issue of coordination between the penal process and the procedure of dismissal.
Keywords: sexual abuse; dismissal from the institute; penal process; compensation.
The protection of rights per viam iudicii aut per recursum. Are ordinary tribunals still competent to deal with causae iurium?
The aim of the present contribution, which is not new in doctrine, is to reflect, starting from can. 1400 on the distinction between the ordinary contentious way and the administrative way. On the basis of two cases brought before the tribunal of the Roman Rota, some useful conclusions will be drawn in order to answer the question posed in the preamble, namely whether the ordinary courts are still competent to deal with causae iurium or whether these remain within the exclusive competence of the administrative authority.
Keywords: can. 1400; jurisdiction; causae iurium.
The development of the paradigm of synodality in diocesan synods following the 1983 CIC
This article examines the development of the paradigm of synodality within the context of diocesan synods in Germany after the promulgation of the 1983 CIC. Based on the grounds on which they were convoked, their various changes in statutes, regulations, and procedures, as well as the juridical relevance of their synodal resolutions, these synods are described as representative assemblies of the faithful, who (together with the bishop) seek ways to transmit the Faith. As advisory bodies to the bishop, they have evolved into active promoters of a synodal understanding in dioceses, and they have contributed significantly to the development of the synodal principle as an essential characteristic of the Church.
Keywords: synodality; diocesan synod; juridic relevance.