VATICAN INFORMATION SERVICE
YEAR XXII - # 151
DATE 08-09-2015

Summary:
- Motu proprio "Mitis Iudex Dominus Iesus" and "Mitis et misericors Iesus": the
Pope reforms the procedures for declaration of marriage nullity
- Presentation of the Holy Father's Motu proprio on the reform of procedures
for
the declaration of marriage nullity
- Other Pontifical Acts

___________________________________________________________

 Motu proprio "Mitis Iudex Dominus Iesus" and "Mitis et misericors Iesus": the
Pope reforms the procedures for declaration of marriage nullity
 Vatican City, 8 September 2015 (VIS) - "Mitis Iudex Dominus Iesus" and "Mitis
et misericors Iesus", on the reform of canonical processes for the declaration
of nullity of marriage, in the Code of Canon Law (CIC) and the Code of Canons
of
the Eastern Churches (CCEO) are the two letters issued "Motu proprio" by the
Holy Father Francis, published today.
 In the first, "Mitis Iudex Dominus Iesus", the Pope writes that the Lord
Jesus,
"clement Judge, Pastor of our souls, has entrusted to the Apostle Peter and his
Successors the power of the keys to fulfil in the Church the works of justice
and truth; this supreme and universal power to bind and dissolve here on earth
affirms, corroborates and vindicates that of the Pastors of the particular
Churches, by virtue of which they have the sacred right and, before the Lord,
the duty to judge their own subjects".
 "Throughout the centuries", he continues, "the Church, in matters of marriage,
acquiring a clearer awareness of the Words of Christ, has understood and
explained in greater depth the doctrine of the indissolubility of the sacred
conjugal bond, has developed the system for the annulment of matrimonial
consent, and has more suitably disciplined the relevant judicial process, so
that ecclesiastical discipline is more consistent with the truth of the
professed faith".
 "All this has always been done with the supreme law of the salvation of souls
as a guide. ... Aware of the above, I have undertaken to reform the processes
for
the declaration of nullity of marriage, and for this purpose I have constituted
a Group of persons eminent for their competence in legal doctrine, their
pastoral prudence and their forensic experience who, under the guidance of the
Most Excellent Dean of the Roman Rota, have drafted a plan for reform, without
prejudice to the principle of the indissolubility of the marriage bond. ...
This
Group has developed a framework for reform which, after thoughtful
consideration
with the assistance of other experts, has provided the basis for this 'Motu
proprio'".
 "It is therefore the concern for the salvation of souls that, today as
yesterday, remains the supreme objective of the institutions and laws, and
drives the Bishop of Rome to offer to the Bishops this reform document, insofar
as they share with him the task of the Church to protect unity in faith and in
discipline regarding marriage, the cornerstone and origin of the Christian
family. The drive to reform has been fuelled by the enormous number of faithful
who, while wishing to be at peace with their conscience, are too often
separated
from the legal structures of the Churches due to physical or moral distance;
charity and mercy therefore require that the same Church, as a mother, to be
closer to her children who consider themselves separated".
 "This direction was also indicated by the votes of the majority of my Brothers
in the Episcopate, gathered in the recent extraordinary Synod, who called for
faster and more accessible processes. In full harmony with this desire I have
decided to introduce, by this Motu proprio, provisions that favour not the
nullity of marriage but rather the speed of processes, along with the
appropriate simplicity, so that the heart of the faithful who await
clarification of their status is not long oppressed by the darkness of doubt
due
to the lengthy wait for a conclusion".
 "I have done so following in the footsteps of my predecessors, who wanted
procedures for the declaration of nullity of marriage to be treated by judicial
rather than administrative means, not because the nature of the matter imposes
this but because it is demanded by the need to protect to the greatest extent
possible the truth of the sacred bond; and this is precisely what is ensured by
the guarantees of the judicial order".
 The Pope goes on to indicate a number of fundamental criteria that guide the
reform:
 "1. A single judgement in favour of executive nullity: it would appear
appropriate to no longer require a double conforming decision in favour of the
nullity of the marriage to enable the parties to be able to contract a further
canonical marriage, instead considering sufficient the moral certainty reached
by the first judge in accordance with the rules of law.
 2. A single judge under the responsibility of the bishop: the constitution of
the single judge, in any case clerical, is in the first instance the
responsibility of the bishop, who in the pastoral exercise of his judicial
power
must ensure that the former does not engage in any form of laxity.
 3. The same bishop is the judge: ... The bishop in his Church, of which he is
constituted pastor and head, is for this reason judge among the faithful
entrusted to him. It is hoped, therefore, that in both large and small dioceses
the same bishop may offer a sign of the conversion of the ecclesiastical
structures, rather than completely delegating the judicial function in matters
of marriage to the offices of the curia. This is especially relevant to the
shorter procedure, established to resolve the most evident cases of nullity".
 4. Short procedure: Indeed, aside from streamlining processes for the
declaration of nullity, a form of shorter process is designated - in addition
to
the current documentary procedure - to be applied in cases in which the alleged
nullity of the marriage is supported by particularly clear arguments". The Holy
Father observes that "it does not pass unnoticed that a shorter procedure may
endanger the principle of the indissolubility of marriage; for precisely this
reason I have required that in such a procedure the judge be the bishop himself
who, due to his pastoral office, is with Peter the greatest guarantor of
Catholic unity in faith and in discipline".
 5. Appeal to the Metropolitan See: it would be appropriate to restore the
faculty of appeal to the Metropolitan See, since this office of the head of the
ecclesiastical province, stable throughout the centuries, is a distinctive sign
of the synodality of the Church.
 6. The competence of the Episcopal Conferences: the Episcopal Conferences,
which must be above all driven by the apostolic eagerness to reach the lost
faithful, are strongly aware of their duty to share in the aforementioned
conversion, and fully respect the right of the bishops to organise the judicial
power in their own particular Churches. ... Along with their proximity to the
judge, the Episcopal Conferences, to the extent possible, must ensure just and
dignified retribution to tribunal staff, ensuring that the processes are free,
since the Church, in a matter so closely linked to the salvation of souls,
demonstrates the gratuitous love of Christ by which we have all been saved".
 7. Appeal to the Apostolic See: It is convenient, in all forms, to maintain
the
appeal to the ordinary Tribunal of the Apostolic See, that is the Roman Rota,
respecting an ancient judicial principle, so as to strengthen the bond between
the See of Peter and the particular Churches, in any case taking care, in the
discipline of such appeal, to limit any abuse of the right, so that it does not
jeopardise the salvation of souls.
 The law of the Roman Rota will be adapted as soon as possible to the rules of
the reformed procedure, within the limits of necessity.
 In the eighth point the Pope mentioned that, given the specific ecclesial and
disciplinary order of the Eastern Churches, the norms for the reform of the
discipline of marriage processes have been issued separately in the Code of
Canons of the Eastern Churches.
 Finally, he decrees and institutes that the Book VI of the Code of Canon Law
(part III, title I, chapter I) on processes for the declaration of the nullity
of marriage (canons 1671 to 1691) will be entirely substituted by the new
norms,
with effect from 8 December 2015.
 In the Motu proprio "Mitis et misericors Iesus", addressed to the Eastern
Churches, Pope Francis notes that his venerated predecessor, St. John Paul II,
in promulgating the Code of Canons of the Eastern Churches, affirmed that
"since
the beginning of the canonical codification of the Eastern Churches, the same
consistent will of the Roman pontiffs to promulgate two codices, one for the
Latin Church and one for the Eastern Catholic Churches, has shown very clearly
that these latter wish to conserve what has occurred by divine providence in
the
Church, that is, that reunited by a single Spirit, she must breathe with the
two
lungs of East and West, and burn with Christ's charity like a single heart
composed of two ventricles".

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 * Origin: Sursum Corda! BBS=Huntsville AL=bbs.sursum-corda.com (1:396/45)