Protection of Rights

Question 1

Hierarchical Recourse Model

Answer 1

The model wherein the next level of executive power reviews the decisions of subordinate levels of executive power.

Question 2

Judicial Monism

Answer 2

The model wherein decisions of executive power are reviewed by a single judicial tribunal.

Question 3

Judicial Pluralism

Answer 3

The model wherein decisions of executive power are reviewed by specialized tribunals regarding procedure.

Question 4

Process of Recourse to Competent Dicastery:

Answer 4

The dicastery establishes whether they are competent and whether c. 1732 has been observed.
–> If accepted, it is referred to the consulta
–> 90 Day limit
–> Resolution
–> Petition for Reconsideration
–> 60-Day Limit
–>Appeal to the STAS

Question 5

Process of Recourse to the Apostolic Signatura:

Answer 5

–> The secretary accepts the case
–> The congresso chooses to send the
case to the college of judges.
–> The college of judges decides if the
dicastery broke the law.

Question 6

Process of Removal of a Pastor

Answer 6

–> Bishop collects proofs
–> Consultation with 2 pastor consultors
–> Letter is sent encouraging resignation
within 15 days.
–> if ignored, repeat invitation, extend
time limit,
–> If ignored again, Decree of Removal
–> If contested [Pastor views acts, submits
evidence, and challenges in writing].
–> 2nd Consultation with 2 pastor
consultors
–> Decree of Removal.

Question 7

Process for the Transfer of a Pastor

Answer 7

–> Transfer is proposed in writing
–> Pastor opposes in writing
–> 2 pastor consultation
–> Transfer proposed again in writing
–> Decree of transfer declaring the parish
vacant after an elapsed time
–> Parish is declared vacant by the bishop.