"Following in the same path, and taking into account the particular ecclesial
and disciplinary order of the Eastern Churches, I have decided to issue in a
separate Motu proprio the norms for the reform of the discipline of marriage
processes in the Code of Canons of the Eastern Churches".
 The Pope goes on to emphasise the importance of the ministry of the bishop,
with according to the teachings of the Eastern Fathers, is "judge and
physician,
since man, wounded and fallen, owing to original sin and his personal sins,
sickens and with the medicine of penitence obtains healing and forgiveness from
God, and is reconciled with the Church. Indeed, the bishop, constituted by the
Holy Spirit as the figure of Christ and in the place of Christ, is first and
foremost the minister of divine mercy".
 The Bishop of Rome emphasises that appeal to the Metropolitan See is "a
hallmark of the fundamental synodality in the Eastern Churches, which should be
supported and encouraged", and addresses to the Synods of the Eastern Churches
the recommendations which in the Motu proprio "Mitis Iudex Dominus Iesus" are
addressed to the Episcopal Conferences.
 Finally, he decrees and establishes that in Title 26 of the Code of Canons of
the Eastern Churches (Chapter 1, article 1). Cases for the declaration of the
nullity of marriage, canons 1357-1377) is entirely substituted by the new
norms,
with effect from 8 December 2015.

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 Presentation of the Holy Father's Motu proprio on the reform of procedures for
the declaration of marriage nullity
 Vatican City, 8 September 2015 (VIS) - This morning in the Holy Press Office a
press conference was held for the presentation of the two letters issued "Motu
proprio" by the Holy Father Francis, "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
Oriental Churches (CCEO) respectively.
 The speakers at the conference were Msgr. Vito Pinto, dean of the Roman Rota
and president of the Special Commission for the Reform of Matrimonial Processes
in Canon Law; Cardinal Francesco Coccopalmerio, president of the Pontifical
Council for Legislative Texts and member of the Special Commission; Bishop
Dimitrios Salachas, apostolic exarch of Athens for Greek Catholics of Byzantine
Rite and member of the Special Commission; Archbishop Luis Francisco Ladaria
Ferrer, S.J., secretary of the Congregation for the Doctrine of the Faith and
member of the Special Commission; Msgr. Alejandro W. Bunge, prelate auditor of
the Roman Rota and secretary of the Special Commission; and Fr. Nikolaus
Schoch,
O.F.M., substitute promoter of Justice at the Supreme Tribunal of the Apostolic
Signatura and secretary of the Special Commission.
 Cardinal Coccopalmerio specified that the reform regards the canonical process
for the declaration of nullity of marriage. "It is a process that leads to the
declaration of nullity, or in other words, which leads first to establish
whether a marriage may be declared null and, if so, to declare its nullity. It
is not, therefore, a process that leads to the annulment of the marriage.
Nullity is distinct from annulment, and declaring the nullity of a marriage is
entirely different to decreeing its annulment.
 Archbishop Luis Francisco Ladaria Ferrer, S.J., recalled the necessary
requisites according to canon law for the validation of a marriage between
Catholics which, aside from the absence of diriment impediments and the
observance of canonical form, including the free consent of the spouses.
 "According to the teaching of the Church", he said, "marriage is one, only a
man and a woman may unite in marriage, and it is impossible to undertake a new
matrimonial union during the life of the spouse. Marriage is indissoluble, as
Jesus taught, and we have many examples of this teaching in the Gospel. The
Letter to the Ephesians explains to us that sacramental marriage cannot be
broken as it is the image and expression of Christ's love for His Church. ...
Marriage must be open to the transmission of life".
 "In our traditional civilisation, it was possible to suppose that these
teachings of the Church were known and shared. In recent times there has
emerged
the doubt, that would seem not without basis, as to whether all those who marry
in the Church are sufficiently aware of these teachings and, therefore, as to
whether their consent truly refers to them. If it is not the case, their
marriage would be null; that is, it would not exist in fact. And precisely
because there are these doubts, many would like to be able to offer a rapid but
reliable means for resolving the problem and contributing to pacifying the
conscience of many Catholics".
 The key points of the reform were explained by the prelate auditor of the
Roman
Rota, Msgr. Bunge: "1) the central role of the diocesan bishop, to be applied
in
the spirit of collegiality.
 As well as the regional, interdiocesan and synodal tribunals, according to the
various methods of the Church and taking into account the good of the faithful
and the appropriateness of accessibility of pastoral remedies for wounded
faithful, the diocesan bishops are enabled to have their own diocesan
tribunals,
and if necessary, also to decide that in this tribunal, if it impossible to
have
a collegial tribunal (always chaired by a member of the clergy), there may be a
single judge (again clerical).
 2) Short procedure (avoiding the terms 'summary' or 'administrative') for
clear
cases of nullity of marriage, to render it more accessible to the 'masses'. In
these cases the judge would be the bishop, assisted in ascertaining the facts
by
two assessors, with whom he will discuss in advance the moral certainty of the
facts adopted in deciding on the nullity of the marriage. If the bishop is
convinced of the moral certainty, he will pronounce the decision; otherwise the
case will be referred to the ordinary process.
 It may be objected that a bishop would be unable to decide a high number of
cases, to which there is a dual response: in a region there would be not only
the regional and interdiocesan tribunals, but also the bishop in each diocese
for cases that are obviously clear; secondly, the bishop would be assisted by
the staff of his tribunal. Ongoing formation would ensure that each bishop,
with
his tribunal for these cases of marriage nullity, would discover the ministry
appropriate to him, entrusted to him in his holy ordination, as the judge of
his
faithful.
 3) Appeal would be rare, as there would exist agreement between the parties
and
there would be evident facts regarding nullity; in the presence of elements
that
would lead the appeal to be considered merely dilatory or instrumental, it
would
be rejected a limine.
 4) Ordinary process:
 - Fast (a maximum of one year)
 - Abolition of the double conforming decision (that is, the need according to
canon law in the procedures for the declaration of nullity of marriage to have
two conforming decisions to enable the spouses to be free to contract a new
marriage. This implies that two tribunals of distinct grade declare the nullity
of the marriage for the same reasons in fact and in law, Ed.).
 - The affirmative non-appellate judgement ipso facto becomes executive.
 - If an appeal is sought following an affirmative judgement this can be
rejected a limine due to an evident lack of supporting arguments.
 This may occur in the case of instrumental appeal, intended to harm the other
party; often the non-Catholic appellant has already undertaken a civil
remarriage.
 There emerges in the reform the situation which is by now the reason why the
majority of Catholics seek the declaration of nullity of marriage: 'consulere
conscientiae', that is, aside from the civil law aspects, for reasons of
conscience (to partake in the sacraments of the Church and to perfect a new
bond
which, unlike the first, is stable and happy).
 5. The speed of the procedure favours the limitation of appeals to the Holy
See
and therefore to the Roman Rota, or appeals to the Apostolic Signatura to newly
present a case previously rejected by the Rota.
 In conclusion; the glory of God s living man, and may I add, man saved by the
diligent ministry of the justice and mercy of the Church".

___________________________________________________________

 Other Pontifical Acts
 Vatican City, 8 September 2015 (VIS) - The Holy Father has appointed Bishop
Raymond Poisson, auxiliary of Saint-Jerome, Canada, as bishop of Joliette (area
8,800, population 281,000, Catholics 256,000, priests 113, permanent deacons 7,
religious 230), Canada.

___________________________________________________________

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