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Processes » Trials in General » Different Grades and Kinds of Tribunals » The tribunals of the Apostolic See
Canon 1442. The Roman Pontiff is the supreme judge for the whole catholic world. He gives judgement either personally, or through the ordinary tribunals of the Apostolic
See, or through judges whom he delegates.
See, or through judges whom he delegates.
Canon 1443. The ordinary tribunal constituted by the Roman Pontiff to receive appeals is the Roman Rota.
Canon 1444. The Roman Rota judges:
1° in second instance, cases which have been judged by ordinary tribunals of first instance and have been referred to the Holy See by a lawful appeal;
2° in third or further instance, cases which have been processed by the Roman Rota itself or by any other tribunal, unless there is question of an adjudged matter.
§2 This tribunal also judges in first instance the cases mentioned in can. 1405 §3, and any others which the Roman Pontiff, either on his own initiative or at the request of the parties, has reserved to his tribunal and has entrusted to the Roman Rota. These cases are judged by the Rota also in second or further instances, unless the rescript entrusting the task provides otherwise.
1° in second instance, cases which have been judged by ordinary tribunals of first instance and have been referred to the Holy See by a lawful appeal;
2° in third or further instance, cases which have been processed by the Roman Rota itself or by any other tribunal, unless there is question of an adjudged matter.
§2 This tribunal also judges in first instance the cases mentioned in can. 1405 §3, and any others which the Roman Pontiff, either on his own initiative or at the request of the parties, has reserved to his tribunal and has entrusted to the Roman Rota. These cases are judged by the Rota also in second or further instances, unless the rescript entrusting the task provides otherwise.
Canon 1445. §1 The supreme Tribunal of the Apostolic Signatura hears:
1° plaints of nullity, petitions for total reinstatement and other recourses against rotal judgements;
2° recourses in cases affecting the status of persons, which the Roman Rota has refused to admit to a new examination;
3° exceptions of suspicion and other cases against Auditors of the Roman Rota by reason of things done in the exercise of their office;
4° the conflicts of competence mentioned in can. 1416.
§2 This same Tribunal deals with controversies which arise from an act of ecclesiastical administrative power, and which are lawfully referred to it. It also deals with other administrative controversies referred to it by the Roman Pontiff or by departments of the Roman Curia, and with conflicts of competence among these departments.
§3 This Supreme Tribunal is also competent:
1° to oversee the proper administration of justice and, should the need arise, to take notice of advocates and procurators;
2° to extend the competence of tribunals;
3° to promote and approve the establishment of the tribunals mentioned in cann.
1423 and 1439.
1° plaints of nullity, petitions for total reinstatement and other recourses against rotal judgements;
2° recourses in cases affecting the status of persons, which the Roman Rota has refused to admit to a new examination;
3° exceptions of suspicion and other cases against Auditors of the Roman Rota by reason of things done in the exercise of their office;
4° the conflicts of competence mentioned in can. 1416.
§2 This same Tribunal deals with controversies which arise from an act of ecclesiastical administrative power, and which are lawfully referred to it. It also deals with other administrative controversies referred to it by the Roman Pontiff or by departments of the Roman Curia, and with conflicts of competence among these departments.
§3 This Supreme Tribunal is also competent:
1° to oversee the proper administration of justice and, should the need arise, to take notice of advocates and procurators;
2° to extend the competence of tribunals;
3° to promote and approve the establishment of the tribunals mentioned in cann.
1423 and 1439.
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