From Reservation to Vigilance: A Possible Step in Dealing with the Delicta Graviora
The article “From Reservation to Vigilance: A Possible Step in dealing with the Delicta Graviora” presents the need and possibility of a gradual transition from the system of reservation to the system of vigilance in dealing with the delicta graviora. The present legislation of the Holy See regardin...
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| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
Institution of Oriental Canon Law
2020
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| In: |
Iustitia
Year: 2020, Volume: 11, Issue: 1, Pages: 113-128 |
| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
1152 (Katholische Kirche) / Codex canonum ecclesiarum orientalium
B 89 (Katholische Kirche) / Codex canonum ecclesiarum orientalium B Papal reservation B delicta graviora |
| Summary: | The article “From Reservation to Vigilance: A Possible Step in dealing with the Delicta Graviora” presents the need and possibility of a gradual transition from the system of reservation to the system of vigilance in dealing with the delicta graviora. The present legislation of the Holy See regarding the delicta graviora seems to have not sufficiently taken onto consideration the three-tiered hierarchical structure of the Eastern Catholic Churches. The Heads and Synods of the Eastern Catholic Churches do not have any competence or role in dealing with these delicts of their clerics. Considering the present legislation as an instance of emergency and an extraordinary measure, this study discusses the possibility of assuming he patriarchal ius vigilantiae in CCEO can. 89 §1 as a principle of harmonious coordination of penal competence among various hierarchical levels instead of the present system of reservation. It is true that both the systems of reservation and vigilance imply limits to the autonomy of the lower authorities. However, the system of vigilance seems to have certain advantages over that of the reservation. |
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| ISSN: | 2248-9789 |
| Contains: | Enthalten in: Iustitia
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