Part III: Remedial Processes

Question 1

Which decrees are unappealable?

Answer 1

From the Roman Pontiff
An Ecumenical Council.

Question 2

does a group have standing to make appeal?

Answer 2

No, unless they have juridical personality.

Question 3

how long do they have to make appeal?

Answer 3

10 useful days.

Question 4

what is required first?

Answer 4

a reconsideration is to be sought.

Question 5

what situations do not require reconsideration?

Answer 5

1. for recourse to the diocesan bishop against decree issued by one subject to him.
2. for making recourse against decree by which recourse has been decided unless decision was made by the diocesan bishop.

Question 6

what principle is laid out in Canon 1400 §2. Namely where do controversies go?

Answer 6

Nevertheless, controversies arising from an act of administrative power can be brought only before the superior or an administrative tribunal.

Question 7

how are right protected according to the code?

Answer 7

Can. 1491 Every right is protected not only by an action but also by an exception unless other provision is expressly made.

Question 8

what does the second section of the Apostolic signatura handle? According to Canon 1445 §2.

Answer 8

This tribunal deals with conflicts which have arisen from an act of ecclesiastical administrative power and are brought before it legitimately, with other administrative controversies which the Roman Pontiff or the dicasteries of the Roman Curia bring before it, and with a conflict of competence among these dicasteries.

Question 9

who has standing to make recourse?

Answer 9

those who have been injured by a decree

Question 10

who do you make recourse to?

Answer 10

the immediate hierarchical superior of the author

Question 11

party before whom recourse may be proposed?

Answer 11

hierarchical superior, and indirectly to the author of the decree who must transmit it immediately to the competent superior.

Question 12

Which two canons handles silence by administrator or “stonewalling”

Answer 12

Can. 57 §1. Whenever the law orders a decree to be issued or an interested party legitimately proposes a petition or recourse to obtain a decree, the competent authority is to provide for the matter within three months from the receipt of the petition or recourse unless the law prescribes some other time period.

§2. When this time period has passed, if the decree has not yet been given, the response is presumed to be negative with respect to the presentation of further recourse.

§3. A presumed negative response does not exempt the competent authority from the obligation of issuing the decree and even of repairing the damage possibly incurred, according to the norm of can. 128.

Can. 1735 If within thirty days after receiving the petition mentioned in can. 1734 the author of the decree communicates a new decree by which he either emends the earlier one or decides that the petition must be rejected, the time limits for making recourse run from the notification of the new decree. If the author makes no decision within the thirty days, however, the time limits run from the thirtieth day.

Question 13

how long after recieving a response must recourse be made?

Answer 13

15 days or 30 days according to canon 700.

Question 14

how long does the author have to respond to the claim?

Answer 14

30 useful days.

Question 15

what is presumed when reconsideration is asked?

Answer 15

to include a petition for suspension of the execution of the decree.

Question 16

how long does one have to wait before making recourse to higher authority for suspension of decree?

Answer 16

10 days of receipt of the petition for reconsideration, if not granted by author.

Question 17

when does a suspension end if no recourse is sought?

Answer 17

when the preemptory time ends.

Question 18

what should be included in a written petition?

Answer 18

explanation of conflict
copy of decree
relevant documentation in the possession of petitioner with index.
identification of other evidence not in possession of petitioner.

Question 19

what right does a person have in regards to representation?

Answer 19

Can. 1738 The person making recourse always has the right to use an advocate or procurator, but useless delays are to be avoided; indeed, a legal representative is to be appointed ex officio if the person making recourse lacks one and the superior thinks it necessary. Nevertheless, the superior always can order the person making recourse to be present in order to be questioned.

Question 20

Who has the burden of proof?

Answer 20

the one who makes the allegation.

Question 21

How can the recourse be resolved by the superior??

Answer 21

confirm of annul
rescind, revoke, emend, substitute another decree, abrogate it by issuing another decree.

Question 22

How long does a dicastery have to resolve a recourse?

Answer 22

90 days from its receipt or longer if it requires a more in-depth study, informing the one making recourse this is happening.

Question 23

three types of meetings of dicastery to determine recourse.

Answer 23

a plenary session: a meeting of all cardinals and bishops who are members
an ordinary session: all cardinals and bishops who reside in rome
a congresso: a meeting of the prefect the superior prelate, the sub-secretary, the chief official and other officials.

Question 24

how long does one have to ask for reconsideration of the decree from a dicastery?

Answer 24

10 useful days.

Question 25

what is the prerequisite for recourse to the singatura?

Answer 25

prior decree by dicastery, either confirming or overrulling
passage of three months with no decree, unless dicastery has mandated a longer time.

Question 26

who has standing to make recourse to the signatura?

Answer 26

one alleging injury from original decree that has now been confirmed
administrator whose decree has been overtuned

Question 27

how long does one have to make recourse to the signatura?

Answer 27

60 useful days.

Question 28

two decisions made by signatura?

Answer 28

whether the recourse is to be admitted or rejected as manifestly lacking foundation
if yes, whether the impugned decree violated the law, whether divine or ecclesiastical, substantive or procedural.

Question 29

if the prefect denies what can be done

Answer 29

recourse can be made to the college of judges within 10 days.

Question 30

In general what is a cause for removal for a pastor?

Answer 30

anything that, in the judgement of the diocesan bishop, rends a pastor’s ministry detrimental or ineffective even though no grave fault of his own.

Question 31

In particular what is a cause for removing a pastor?

Answer 31

1741
1) a way of acting which is gravely detrimental or disturbing to ecclesiastical communio
2) incompetence or permanent infirmity of mind or body
3) loss of good reputation among good and upright parishioners or aversion to the pastor which is not foreseen as ceasing in a short time
4) grave neglect or violation of parochial duties which persists after a warning
5) poor administration of temporalities with grave damage to the church whenever this problem cannot be remedied in any other way

Question 32

how long does a pastor have to resign in the case of removal?

Answer 32

15 days

Question 33

three types of response to request for resignation of a pastor

Answer 33

pastor voluntarily resigns
pastor doesn’t resign or refuses giving no reasons
pastor contests removal

Question 34

what must the bishop provide for a removed pastor?

Answer 34

new assignemnt or pension.

Question 35

the removed pastor is to do what when removed?

Answer 35

cease immediately from exercising the office of pastor
vacate the parish house
hand over all that pertains to the parish to the one designated by the bishop.