User:Synonymous-solecism/Rota

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The Roman Rota, officially the Apostolic Tribunal of the Roman Rota (Latin: Tribunal Apostolicum Rotae Romanae), and prior to the 14th century, the Apostolic Court of Audience, is an appellate tribunal of the Catholic Church, for both Latin-rite members[1] and the Eastern-rite members.[2] It serves as a collegiate (third instance) court of appeals after judgements given by lower tribunals (diocesan or metropolitan), and hears predominately ecclesiastical matrimonial cases. The Rota is part of the Catholic Church's legal system, the oldest in the West still in use. The name comes from Rota ("wheel") because the judges, called auditors, originally met in a round room to hear cases.[3]

Constitution[edit]

The pope selects Prelate Auditors of the Rota from recognized ecclesiastical judges serving various dioceses around the world, or those who have served in the Roman Curia in other roles involving canon law. The pope designates one of these auditors as the dean,[4], the head of the tribunal. However, the dean is primus inter pares ("first among equals") and their rulings do not hold any more weight than the other auditors. On March 29 2021, the serving dean, Msgr. Pio Vito Pinto, retired[5] after eight years of service and Pope Francis appointed Msgr. Alejandro Arellano Cedillo, who had served as an auditor for the Rota since 2007, as dean.[6]

The Rota issues its decrees and sentences in Latin. The Rota judges cases in a panel (called a turnus) of three auditors or more, depending on the case's complexity, assigned by the dean of the tribunal.[7]

Name[edit]

Until the 14th century, the court was known as the Apostolic Court of Audience. The first recorded use of the term Rota, which may have referred to the wheel-shaped arrangement of the benches used by the court in the great hall at Avignon, is in Thomas Fastolf's Decisiones rotae, consisting of reports on thirty-six cases heard at the Court of Audience in Avignon between December 1336 and February 1337.[8]

Its first usage in a papal bull was in 1418.[9] It has also been suggested that the term Rota comes from the porphyry wheel in the center of Avignon marble floor, or even from the wheel-like cases in which parchment roll records were kept.[10]

History[edit]

The Palazzo della Cancelleria in Rome where the Tribunal of the Roman Rota is based
See also: Legal history of the Catholic Church

Formation and early years[edit]

There is debate about when the Rota was founded[11] as there is no date officially recorded. However, there are records which reference legal functions in 1171[9] and it's theorised that the Rota evolved from these early proceedings. There may have been an influence from the notaries of the Church (Notari Sanctae Romanae Ecclesiae) who took notes, drew up documents and kept the records of the proceedings in Roman courts, which are recorded early as the fourth century.[citation needed]

An important stage in the Rota's development was the constitution Ratio Iuris, issued by Pope John XXII in 1331, which laid out the first written regulations.[12][13] This is also when it was given its first settled home in Avignon in France, home at the time to the Avignon Papacy.[citation needed]

Several Popes have begun their ecclesiastical careers within the Rota. Innocent X was a member of the Rota for twenty-five years: first as an assistant to his uncle, Auditor Geronoimo Pamphili, then as an Consistorial Advocate[Note 1] in 1601 until 1604, when he became a Prelate Auditor.[14] Pope Clement VIII was also an Advocate and then a Prelate Auditor.[citation needed]

Following the Council of Trent in the mid-sixteenth century, the Rota's role and importance increased dramatically.[15]

Decline[edit]

Until the Risorgimento and the loss of the Papal States in 1870, the Rota was a civil tribunal and its judgements had the status of law in the Papal States.[16]

The Roman Rota "practically ceased to act after 1870, although some new auditors [were] appointed [after that year]"[17]

Restoration to present day[edit]

With the Apostolic Constitution Sapienti Consilio on 29 June 1908, Pope Pius X restored the Roman Rota.

Since at least 1961, the Rota has been based in the Palazzo della Cancelleria, along with the other courts of the Holy See: the Apostolic Penitentiary and the Apostolic Signatura.[18]

In 2011, Pope Benedict XVI issued the motu proprio Quaerit semper ("Always Sought") which declared Rota has had exclusive capacity to dispense from marriages ratum sed non consummatum ("ratified but not consummated") and examine cases about the nullity of sacred ordination.[19] This had formerly been a responsibility of the Congregation for Divine Worship and the Discipline of the Sacraments.

Reforms[edit]

See also: Matrimonial nullity trial reforms of Pope Francis

Pope Francis has focused on ensuring wider availability to the Tribunal for those who need it at an affordable cost, as well as simplifying the process of nullity to remove barriers for those without a wide availability of advocates or knowledge of canon law. In September 2015, he released the motu proprios Mitis Iudex Dominus Iesus ("The Lord Jesus, the Gentle Judge") for the Latin-rite church and Mitis et misericors Iesus ("The Meek and Merciful Jesus") for the Eastern Catholic churches.[Note 2] These introduced changes to the appeals process, such as removing the obligation that a declaration of nullity be automatically appealed. This allows only one executive sentence in favor of nullity when the bishop or judge had certainty that the marriage was not valid (without loss of the right of the parties or defender of the bond to appeal), most applicable to cases where both parties are seeking a declaration of nullity, and emphasising the process should be free or as close to free as possible.[20][21]

In March 2020, Pope Francis released a motu proprio stating lawyers registered as lawyers with the Roman Rota must also be registered in the bar association in their state of residence, with a proven knowledge of canon law.[22]

Operations[edit]

The Roman Rota is named after the round room in which it originally met.

Overview[edit]

See also: Canon law of the Catholic Church

The judicial year of the Roman Rota begins in January, traditionally with a liturgical ceremony in the Apostolic Palace and an audience with the current pope.[23] The pope gives a prepared speech, which can cover current topics considered particularly important, canon law, previous decisions or relevant guidance for the year ahead; some popes have used these audiences to announce changes to the Rota's proceedings.

The Rota is the highest ecclesiastical court constituted by the Holy See for judicial trials in the Catholic Church,[24] and has the power to pass judgements on behalf of the pope, the supreme ecclesiastical judge. The pope can also pass judgement personally,[25]; in fact, this was the earliest known form of ecclesiastical justice.

The Rota's main function is that of an appellate tribunal, ordinarily reviewing decisions of lower courts if the initial court (first instance, such as diocesan or metropolitan tribunals) and the first appellate court (second instance) do not agree on the outcome of a case. However, any party to an initial decision before a court of the Latin Church (and some Eastern Churches[which?]) has the right to file a second instance appeal directly to the Rota.[26]

In certain cases, the Rota serves as a tribunal of first instance (known in Anglo-American common law as exclusive original jurisdiction), such as any contentious case in which a Bishop of the Latin Church is a defendant.[27] Furthermore, under canon law the Holy See has direct jurisdiction, rather than local dioceses, over cases involving heads of state or their children; particularly if these involve marital issues, they come under the purview of the Rota.[citation needed]

A judgment of the Rota can, in certain circumstances, be vacated by the Supreme Tribunal of the Apostolic Signatura, the highest administrative court in the Catholic Church.[28][Note 3] In these situations, the legal procedure or process used by the judges of the Rota (not the merits of the case itself) are on trial before the Signatura: as such, it is only able to grant the petitioner a second trial to be held before a new turnus of the Rota if they were found to have erred in procedure (de procedendo).[29]

The Rota's guidelines for proceedings are outlined in Normae Romanae Rotae Tribunalis ("The Rules of the Tribunal of the Rota"), promulgated in 1994 by Pope John Paul II, who had been a vocal proponent of its importance.

Only advocates (canon lawyers, also known as iurisperitus or procurators) who hold specific credentials can represent parties before the Tribunal. They must hold a doctor's degree from an approved institution, then undertake three years of post-doctoral study at the Studium Romanae Rotae, the Roman Rota's associated law school, and pass a qualifying examination with a final thesis in Latin to receive a Diploma of Rotal Advocate. Any notaries of the Rota must also have a Diploma of Rotal Advocate along with appropriate juridical experience.[30]

Main role[edit]

The Rota's caseload is dominated by petitions for ecclesiastical declaration of nullities[Note 4] (whilst similar, these differ from civil annulments[Note 5]), although it has jurisdiction to hear any other type of judicial and non-administrative case concerning canon law.

It is possible to appeal directly to the Rota in the first instance for a nullity petition, but this is not recommended as the tribunal can be slower and more expensive than proceeding in a local tribunal.[31] In one exceptional case, it took the Rota twenty years to decide whether a marriage was valid,[32] but two-to-four years is considered normal.[33]

The Defender of the Bond[Note 6] may request a re-trial even if the Rota rules in favour of a marriage nullity if they believe this decision is incorrect.[34]

Influence over lower tribunals[edit]

The Rota's rulings and reasons for their decisions have no official binding precedent on future cases as canon law does not have the concept of stare decisis, where lower courts are governed by previous judgements from higher ones.

However, because canon law states that if there is no law concerning an issue, the Roman Curia's conclusions should be considered supplementary laws,[35] the Rota's decisions hold considerable authority and are considered paramount. In 1986, John Paul II stated that the Roman Rota has particular influence and authority over regional ecclesiastical tribunals, who should draw upon Rotal decisions as a point of reference for their own proceedings.[36] This idea of the Rota's authority over all tribunal proceedings in the church has further been noted by Benedict XVI.[37]

The Vatican releases collections of the Rota's decisions, with identifying details removed, every year (although ten years after each case was decided), which are used as sources for canon lawyers and tribunal judges to keep their knowledge up-to-date.[38][39]

Styles of address[edit]

The dean of the Rota, even if not already consecrated a bishop, are addressed with the traditional title of "Your Excellency" (Excellentia Tua). All prelate auditors of the Rota, who are Honorary Prelates, use the prefix title "Monsignor" and are addressed as the "Most Reverend Monsignor".

Current members[edit]

Auditors[edit]

The active auditors of the Rota, with their dates of appointment by the pope, are:

Officers[edit]

Notes[edit]

  1. ^ Created by Pope St. Gregory I in 598, Consistorial Advocates are the legal defenders of the Church. They plead cases in the Papal consistory (a formal meeting of the College of Cardinals, usually for the purpose of administering justice or undertaking official duties) and, in some cases, the Rota.
  2. ^ The text of these texts is substantially similar with differences for the hierarchy and terminology of church officials; for instance, the use of eparchs in the Eastern Catholic churches rather than bishops in the Latin-rite church.
  3. ^ The Apostolic Signatura, from Rotal sentences, hears plaints of nullity, petitions for total reinstatement, petitions for new examination of status-of-persons cases and misconduct proceedings against Rotal auditors.
  4. ^ An official determination by an ecclesiastical tribunal that what appeared to be a valid marriage was not one and never existed, due to a failure to meet the requirements of entering into matrimony. The Catholic Church does not recognise civil divorce as it is contrary to their doctrine that marriage is indissoluble by its nature. If parties who have divorced wish to be free to marry in the Catholic Church, they must obtain an ecclesiastical dissolution or declaration of nullity first.
  5. ^ Marriages which end in civil annulments must still be reviewed and adjudicated by an ecclesiastical tribunal before a declaration of canonical nullity can be made.
  6. ^ a b Introduced by Pope Benedict XIV in 1741, the Defender of the Bond (Defensor Vinculi) is a church official whose role is to put forth every argument for the sanctity and validity of a marriage and every reasonable defence against granting a nullity petition, without regard to any opinions of involved parties.
  7. ^ The Promoter of Justice is a church official appointed to look after the public good; their nearest lay equivalent is the prosecutor found in countries with civil law inquisitorial or common law adversarial legal systems.

References[edit]

  1. ^ Codex Iuris Canonici [CIC] (1983), Canons 1443 and 1444. "Codex Iuris Canonici". The Vatican. Vatican: the Holy See. Archived from the original on 4 April 2021. Retrieved 4 April 2021.
  2. ^ Codex Canonum Ecclesiarum Orientalium [CCEO] (1990), Canon 1065. "Code of Canons of Oriental Churchs". Intratext. Archived from the original on 6 January 2021. Retrieved 4 April 2021. {{cite web}}: |archive-date= / |archive-url= timestamp mismatch; 26 January 2021 suggested (help)
  3. ^ Peters, Edward N. (7 January 2013). "Canon Law—Canonistics—Rota Background". CanonLaw.info. Archived from the original on 1 April 2021.
  4. ^ John Paul II (28 June 1988). "Pastor bonus". No. Acta Apostolicae Sedis 80. Archived from the original on 13 March 2021. Retrieved 1 April 2021. art 127.
  5. ^ Cheney, David M. "Father Pio Vito Pinto". Catholic-Hierarchy. Archived from the original on 1 April 2021. Retrieved 1 April 2021.
  6. ^ "Resignations and Appointments - Appointment of dean of the Tribunal of the Roman Rota" (PDF). No. Daily Bulletin of 30.03.2021. Holy See Press Office. 30 March 2021. pp. 3–4. Archived (PDF) from the original on 2 April 2021. Retrieved 2 April 2021.
  7. ^ Canon Law Society of Great Britain and Ireland (1995). Sheehy, Gerard; Morrisey, Francis G. (eds.). The Canon Law, Letter and Spirit: A Practical Guide to the Code of Canon Law. 2907: Liturgical Press. p. 837. ISBN 9780814655160.{{cite book}}: CS1 maint: location (link)
  8. ^ Hamilton Baker, John (1998). Monuments of Endlesse Labours: English Canonists and Their Work, 1300-1900. London, England: The Hambledon Press. p. 22. ISBN 1-85285-167-8.
  9. ^ a b O'Hare McCormick, Anne (1957). Vatican Journal: 1921-1954. New York: Farrar, Strause and Cudahy. p.43
  10. ^ O'Hare McCormick 1957, pp. 37–38.
  11. ^ Salonen, Kirsi (2016). Papal justice in the late Middle Ages: the Sacra Romana Rota. New York, NY: Routledge. p. 18. ISBN 978-1-4724-8226-6. It is impossible to define the exact moment of the Rota's birth, because no official document was issued to record its foundation [...] There is no consensus among scholars about when the existence of the Rota can be proved with certainty.
  12. ^ Baker, J. H. (1986). "Dr. Thomas Fastolf and the History of Law Reporting". The Cambridge Law Journal. 45 (1): 84. doi:10.1017/S0008197300115776. S2CID 145142733. Archived from the original on 1 April 2021. Retrieved 1 April 2021.
  13. ^ "The Sacred Tribunal of the Rota". The Catholic Historical Review. 13 (1): 62–72. April 1927. JSTOR 25012397. Archived from the original on 3 April 2021. Retrieved 3 April 2021. Discussing its origin, Hilling says (Die römische Kurie): The earliest known basis of the Roman Rota is found in the famous Constitution of John XXII, Ratio Iuris, of the year 1331, which prescribed likewise the form of the oath of office for the auditors and notaries of the Rota.
  14. ^ The Catholic University of America (2003). New Catholic Encyclopedia (2nd ed.). Detroit, Michigan: Gale Group in Association with the Catholic University of America. p. 479. ISBN 0-7876-4004-2. Entering the papal service, [Innocent X, born Giovanni Battista Pamfili] became a consistorial advocate (1601); and on the elevation of his uncle to the cardinalate, he succeeded him as auditor of the rota. For 25 years Pamfili efficiently carried out his work at this court.
  15. ^ Brundage, James A. (1990). Law, Sex and Christian Society in Medieval Europe. Chicago, IL: The University of Chicago. pp. 572–573. ISBN 0-226-07784-5.
  16. ^ O'Hare McCormick 1957, p. 39.
  17. ^ "New Cabinet of Pope - The First English Judge in Roman Court Since the Reformation". Catholic Messenger. No. 26. 12 November 1908. p. 1. Archived from the original on 6 April 2021. Retrieved 6 April 2021.
  18. ^ "Catholic News Service - Newsfeeds". National Catholic Welfare Conference). 18 September 1961. p. 3. Archived from the original on 3 April 2021. Retrieved 3 April 2021. By maintaining his private apartment in the Chancellery Palace, he remains close by his old legal haunts: both the Rota, which he served so long, and the Apostolic Signature have their offices in the Chancellery.
  19. ^ "Apostolic Letter Issued "Motu Proprio" Quaerit Semper". The Vatican. Libreria Editrice Vaticana (The Vatican Publishing House). 30 August 2011. Archived from the original on 4 April 2021. Retrieved 4 April 2021. {{cite web}}: |archive-date= / |archive-url= timestamp mismatch; 23 October 2020 suggested (help)
  20. ^ Yardley, Jim; Povoledo, Elisabetta (8 September 2015). "Pope Francis Announces Changes for Easier Marriage Annulments". New York Times. Archived from the original on 4 April 2021. Retrieved 4 April 2021.
  21. ^ "Pope Francis reforms Church law in marital nullity trials". Vatican Radio. 8 September 2015. Archived from the original on 4 April 2021. Retrieved 4 April 2021.
  22. ^ "Law N. CCCLI on the judicial system of the Vatican City State, 16.03.2020". Holy See Press Office. 16 March 2020. Archived from the original on 4 April 2021. Retrieved 4 April 2021.
  23. ^ Funghini, Raffaello (6 February 2002). "Numbers Show Crisis In The Appreciation Of Christian Marriage". Catholic Culture. L'Osservatore Romano. Archived from the original on 5 April 2021. Retrieved 5 April 2021. Because of a special, age-old privilege, the Roman Rota begins the Judicial Year with a solemn liturgical celebration in the Apostolic Palace, followed by a papal audience.
  24. ^ Pastor Bonus 1988, art. 121. (Note that the Apostolic Signatura is the supreme tribunal.)
  25. ^ CIC 1983, 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."
  26. ^ Pastor Bonus 1988, art. 128. "This Tribunal adjudicates: 1. in second instance, cases that have been decided by ordinary tribunals of first instance and are being referred to the Holy See by legitimate appeal 2. in third or further instance, cases already decided by the same Apostolic Tribunal and by any other tribunals, unless they have become a res iudicata [a matter decided]."
  27. ^ Pastor Bonus 1988, art. 129 § 1.
  28. ^ Pastor Bonus 1988, art. 122.
  29. ^ "Litterae Apostolicae motu proprio datae quibus Supremi Tribunalis Signaturae Apostolicae lex propria promulgatur (The Proper Law of the Apostolic Signatura)". The Vatican (in Latin). Libreria Editrice Vaticana (The Vatican Publishing House). 21 June 2008. Archived from the original on 4 April 2021. Retrieved 4 April 2021.
  30. ^ Beal, John P. (2018). Martens, Kurt (ed.). A Service Beyond All Recompense: Essays Offered in Honor of Monsignor Thomas J. Green. Washington, D.C.: The Catholic University of America. p. 193. ISBN 978-0-8132-3014-6.
  31. ^ Peters, Edward N. (2004). Annulments and Catholic Church: Straight Answers to Tough Questions. Westchester, PA: Ascension Press. p.44
  32. ^ "Vatican Court Sued For Nullity Delay". The Catholic Courier Journal. 29 September 1967. Archived from the original on 4 April 2021. Retrieved 4 April 2021.
  33. ^ Peters 2004, p. 18.
  34. ^ Sheed, Frank (1959). Nullity of Marriage. New York, NY: Sheed & Ward. Archived from the original on 6 April 2021. Retrieved 6 April 2021. Even if the [Rota decision] is in favour of nullity, the Defender of the Bond may--if his conscience tells him, in spite of all, that this is a real marriage--ask for another trial, by different judges of the Rota.
  35. ^ CIC 1983, Canon 19.
  36. ^ John Paul II (2002). "Address to the Roman Rota, 30 January 1986". In trans. W. Woestmann (ed.). Papal Allocutions to the Roman Rota 1939-2002. Saint Paul University Ottawa. p. 190. The influence of the Roman Rota on the activity of regional and diocesan ecclesiastical tribunals should be valued in particular. The jurisprudence of the Rota has always been and must continue to be a sure point of reference for them.
  37. ^ Benedict XVI (26 January 2008). "Address Of His Holiness Benedict XVI to the Members of the Tribunal Of The Roman Rota". The Vatican. Vatican: the Holy See. Archived from the original on 5 April 2021. Retrieved 5 April 2021. Rotal sentences possess a juridical importance that exceeds the immediate context of the causes in which they are issued. [...] There is no doubt that in a certain way, its individual decisions concern the whole of society. Indeed, they continue to determine what all can expect from the tribunals [...] The objective assessment of the facts [...] constitutes a very important aspect of the Roman Rota's activity and exercises great influence on ministers of justice of the tribunals of local Churches. Rotal jurisprudence should be seen as exemplary juridical wisdom.
  38. ^ Reinhardt, Marion J. (1964). "Lay Attorneys in Canonical Marriage Cases". The Catholic Lawyer. 10 (3): 196–197. Archived from the original on 5 April 2021. Retrieved 5 April 2021. The decisions of the Sacred Roman Rota, which are published annually but always ten years after they are given, are in Latin [...] For marriage cases there is no greater source of knowledge of the usage and practice of the Roman Curia than the jurisprudence of the Rota.
  39. ^ Cieognani, Amleto Giovanni (1940). "The Roman Rota". Catholic Messenger. p. 8. Retrieved 6 April 2021. The collection of [the Rota's] decisions forms one of the most accredited sources of ecclessiatical jurisprudence. {{cite news}}: |archive-date= requires |archive-url= (help)CS1 maint: url-status (link)
  40. ^ Cheney, David M. "Father Alejandro Arellano Cedillo". Catholic-Hierarchy. Archived from the original on 1 April 2021. Retrieved 1 April 2021.
  41. ^ Zarchin, Tomer (3 June 2011). "Israeli Jew turned Catholic priest named head of papal court". Haaretz. Archived from the original on 4 May 2021. Retrieved 5 June 2011. (The headline errs in stating that Jaeger was appointed "head" of the court, but the body of the article does not make this mistake.)
  42. ^ "Fr Konštane Adam Appointed Judge of the Roman Rota". 31 March 2016. Retrieved 4 April 2016.
  43. ^ a b "Resignations and Appointments, 19.07.2019". Holy See Press Office. No. Daily Bulletin of 19.07.2019. 19 July 2019. Archived from the original on 3 April 2021. Retrieved 3 April 2021.
  44. ^ "In latest appointments‚ Pope names new members of Roman Rota". Catholic News Agency. 20 July 2017. Archived from the original on 3 April 2021. Retrieved 22 July 2017.
  45. ^ "Resignations and Appointments, 28.09.2019". Holy See Press Office. No. Daily Bulletin of 28.09.2019. 28 September 2019. Archived from the original on 3 April 2021. Retrieved 3 April 2021.
  46. ^ "Resignations and Appointments, 08.11.2018". Holy See Press Office. No. Daily Bulletin of 08.11.2018. 8 September 2018. Archived from the original on 3 April 2021. Retrieved 3 April 2021.
  47. ^ "Resignations and Appointments, 19.06.2017". Holy See Press Office. No. Daily Bulletin of 19.06.2017. 19 June 2017. Archived from the original on 3 April 2021. Retrieved 3 April 2021.

Further reading[edit]

  • Salonen, Kirsi (2016). Papal justice in the late Middle Ages: the Sacra Romana Rota. New York, NY: Routledge. ISBN 978-1-4724-8226-6.
  • Hartmann, Wilfried; Pennington, Kenneth (2016). The history of courts and procedure in medieval Canon law. Washington, D.C.: The Catholic University of America Press. ISBN 978-0-8132-2905-8.
  • Hilling, Nicholas (1907). Procedure at the Roman Curia: a concise and practical handbook; translated and adapted with the author's consent. New York, NY: J.F. Wagner.

External links[edit]

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