Sources: Zenit.org, Code of Canon Law

On January 26, 2008, His Holiness Benedict XVI pronounced his discourse to the members of the Supreme Tribunal of the Roman Rota (Rev. Msgr. Antoni Stankiewicz, Dean, Auditors, Officials and Collaborators). On this particular occasion, His Holiness Benedict XVI, reminded us of the occurrence of the first centenary of the restoration of the Apostolic Tribunal of the Roman Rota, ratified by St Pius X in 1908 with his Apostolic Constitution “Sapienti Consilio.”

The Juridical Activity of the Roman Rota

His Holiness addressed the members of the Roman Rota expressing his appreciation for the judicial activity of this tribunal in the administration of justice in the Church and especially highlighting the relevance of the canonical tradition which is an inexhaustible source of vitality for the Church. His Holiness immediately spoke on the topic of the value of the rotal jurisprudence in the ensemble of the administration of justice in the Church. By quoting the Apostolic Constitution “Pastor Bonus,” and making a reference to the jurisprudence and the publications of the Rota as operative instruments, the Pope said:

“The Roman Rota is a court of higher instance at the Apostolic See, usually at the appellate stage, with the purpose of safeguarding rights within the Church; it fosters unity of jurisprudence, and, by virtue of its own decisions, provides assistance to lower tribunals” (art. 126).

His Holiness proposed the question why the rotal decisions are relevant in the judicial activity of the Church and the Pope answered that question by recognizing the influence of such decisions in the social life today and in the functioning of the tribunals throughout the world:

“Any legal system must seek to offer solutions in which, as well as the prudential evaluation of individual cases, the same principles and general norms of justice are applied. Only in this way is a trusting atmosphere created in the tribunals’ activity and the arbitrary nature of subjective criteria avoided. Furthermore, within each judicial organization the hierarchy that exists between the various tribunals is such that possible recourse to higher tribunals in itself provides for the unity of jurisprudence.”

Criteria of unity and consistency in the canonical judicial system

Once again, His Holiness Benedict XVI, described the elements of unity and consistency as essential factors and key elements in the canonical system with the following words:

“The above-mentioned considerations are also perfectly applicable to ecclesiastical tribunals. Indeed, since canonical processes concern the juridical aspects of salvific goods or of other temporal goods which serve the Church’s mission, the requirement of unity in the essential criteria of justice and the need to be able to reasonably foresee the direction that judicial decisions will take becomes a public ecclesial good of particular importance for the People of God’s internal life and its institutional witness in the world.”

By making use of two different texts, Canon 19 of the current Code of Canon Law and art. 126 of the Apostolic Constitution “Pastor Bonus,” His Holiness reiterated the value of the work of the Roman Rota as supreme instance of appeal and its jurisprudence as instrument of unity in the application of ecclesial justice. In this reference, it is important to quote both texts:

“If a custom or an express prescript of universal or particular law is lacking in a certain matter, a case, unless it is penal, must be resolved in light of laws issued in similar matters, general principles of law applied with canonical equity, the jurisprudence and practice of the Roman Curia (underline added by the author), and the common and constant opinion of learned persons.” (CIC, Canon 19)

“The Roman Rota is a court of higher instance at the Apostolic See, usually at the appellate stage, with the purpose of safeguarding rights within the Church; it fosters unity of jurisprudence, and, in virtue of its own decisions, provides assistance to lower tribunals.” (Apostolic Constitution “Pastor Bonus,” Art. 126).

Making an application to the principles stated above to the judicial activity of the Church, which is carried out by the diocesan and archdiocesan tribunals throughout the world, His Holiness said: “It would therefore be improper to admit to any opposition between rotal jurisprudence and the decisions of local tribunals that are called to play an indispensable role in rendering the administration of justice immediately accessible, and in being able to investigate and resolve practical cases at times linked to peoples’ culture and mentality.”

The Matrimonial Jurisprudence of the Roman Rota

His Holiness mentioned that in the matrimonial context, rotal jurisprudence has carried out very conspicuous work in the past 100 years. In particular, it has made significant contributions that are expressed in the codification in force. His Holiness reminded that in this light, one cannot think that the importance of the jurisprudential interpretation of law by the Rota has diminished. Indeed, the application of current canon law requires precisely that it reflect the true sense of justice, linked first of all to marriage’s very essence.

His Holiness affirmed that the Roman Rota is constantly called to carry out an arduous task which has a strong influence on the work of all tribunals: that of understanding the existence or non-existence of the matrimonial reality, which is intrinsically anthropological, theological, and juridical. The jurisprudential function of the Roman Rota is closely linked to the understanding of the “intrinsic juridical dimension of marriage (Cfr. Address to Roman Rota, 27 January 2007: AAS 99 [2007] 86-91; L’Osservatore Romano, English edition, February 2, 2007).

The Specific Normative of Matrimonial Jurisprudence

His Holiness instructed the members of the Roman Rota in the understanding that the practice of Canon Law cannot be reduced to a mere collection of positive rules that tribunals are required to apply. The only way to give a solid foundation to the jurisprudential task is to conceive of it as a true exercise of prudentia iuris. This prudence is quite the opposite of arbitrariness or relativism, for it permits events to reveal the presence or absence of the specific relationship of justice which marriage is, with its real human and saving meaning. Only in this way do jurisprudential maxims acquire their true value without becoming a compilation of abstract and repetitive rules, exposed to the risk of subjective or arbitrary interpretations.

During his intervention His Holiness stated that through the work of the exercise of the rotal jurisprudence, the causes of matrimonial nullity are objectively judged in light of criteria that constantly reaffirm the reality of matrimonial indissolubility, open to every man and woman in accordance with the plan of God, Creator, and Saviour. This particular task of the Roman Rota requires constant effort to attain that unity of the criteria of justice which essentially characterizes the notion of jurisprudence itself and is a fundamental presupposition for its activity.

His Holiness expressed his desire for new studies that make rotal jurisprudence more and more manifestly unitive as well as effectively accessible to all who exercise justice, in order to ensure its uniform application in all Church tribunals. In the Church, precisely because of her universality and the diversity of the juridical cultures in which she is called to operate, there is always a risk that “local forms of jurisprudence” develop, sensim sine sensu, ever more distant from the common interpretation of positive law and also from the Church’s teaching on matrimony.

The Juridical Activity of John Paul II

At the end of his intervention His Holiness mentioned the efforts of John Paul II in juridic matters:

“In his last Address to the Rota, my venerable Predecessor John Paul II put people on guard against the positivistic mentality in the understanding of law, which tends to make a distinction between laws and jurisprudential approaches and the Church’s doctrine. He affirmed: “In fact, the authentic interpretation of God’s Word, exercised by the Magisterium of the Church, has juridical value to the extent that it concerns the context of law, without requiring any further formal procedure to become juridically and morally binding. “For a healthy juridical interpretation, it is indispensable to understand the whole body of the Church’s teachings and to place every affirmation systematically in the flow of tradition. It will thus be possible to avoid selective and distorted interpretations and useless criticisms at every step.” (John Paul II, Address to Roman Rota, 29 January 2005)”

Conclusion

His Holiness Benedict XVI concluded his discourse by making a special reference to the centennial celebration of the juridical activity of the Roman Rota and inviting the rotal members to continue working in the sector of the administration of justice in the Church with recourse to the motherly intercession of Mary Most Holy, Speculum iustitia:

“This invitation might seem merely devotional and somewhat extrinsic to your ministry; but we must not forget that everything in the Church is brought about through the force of prayer, which transforms our entire existence and fills us with the hope that Jesus brings to us. This prayer, inseparable from daily commitment that is serious and competent, will bring light and strength, faithfulness and authentic renewal to the life of this venerable institution through which, ad normam iuris, the Bishop of Rome exercises his primarily solicitude for the administration of justice throughout the People of God.”

At the end of his intervention, His Holiness Benedict XVI, imparted his apostolic blessing upon all the attendants.

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