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Name of the institution : Supreme Tribunal of the Apostolic Signature
President
:
His Eminence Mgr Raymond Leo Burke
Address :
Supremo Tribunal della Signatura Apostolica
Via della Cancelleria , I
00186 ROMA
VATICAN
Phone number
:
06 (698) 875.20
Fax :
06 (698) 875.53
Composition
and structure
Number of
members :
13 judges (including the Prefect). Do also intervene in the
proceedings of the second section of the Tribunal :
1 secretary ;
1 promoter of justice and 1 deputy promotor of justice (some affairs
may also be assigned to promotors of justice designated ad casum)
;
1 chancellor and several notaries.
Recruitment
procedures and incompatibilities :
The Pope appoints the judges (today : 7 cardinals and 6 bishops),
the secretary andthe promotors of justice.
Internal
organization :
The Prefect may reject a request if it is obviously without any
foundation. If the trial goes on, the College is constituted of
at least 5 judges.
Publications
:
Some decisions are published in various reviews of canonic law.
A yearly report, called " Attivita della Santa Sede ", is published
by the Holy See.
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Court
functions
Jurisdiction
:
The second section of the Apostolic Signature exercises the admininstrative
judicial power in the whole catholic church. Art. 123 of the Apostolic
Constitution " Pastos Bonus "makes the followinf provisions concerning
the jurisdiction of the second section :
" § 1. Furthermore, it [second section of the Tribunal] shall hear
the suits presented within the required time of 30 days, against
all individual admininstrative acts issued or approved by the dicasteries
of the Roman Curia, every time it is alleged that the impugned act
has violated any law in the way of deciding or proceeding ". " §
2. In that case, in addition to the judgement of unlawfulness, it
may also, if the party has asked so, award a compensation for the
damages caused by the unlawful act ".
" § 3. It is also competent to adjudicate any other admininstrative
dispute submitted to it by the Roman Pontiff or by the dicasteries
of the Roman Curia, and all conflicts of jurisdiction between the
same dicasteries ".
Organization
of the courts system :
Against a particular admininstrative decision issued by an inferior
authority, one may only make a hierarchical complaint before the
superior admininstrative authority. The admininstrative Tribunal
may only control a decision of a dicastery of the Roman Curia.
Powers of
the judge
Declaration of voidness or annulment ; compensation.
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Advisory
functions
None
Miscellaneous remarks
In addition
to art. 123 abovementionned, four other articles of chapter IV of
the Apostolic Constitution " Pastos Bonus " deal with the tribunals
of the Apostolic Signature.
" Art. 121. This dicastery exercises the function of supreme tribunal
and takes care of the correct admininstration of justice in the
Church ".
" Art. 122. It adjudicates : 1. Actions for annulment and demands
of restitution in integrum against decisions of the roman Rota ;
2. Complaints concerning the status of individuals, against the
refusal of a new examination by the roman rota ; 3. Exceptions of
suspicion or other allegations against the judges of the roman Rota
for acts accomplished in their function ; Conflicts of jurisidction
between tribunals which are not depending form the same appeal court
".
" Art. 124. It is also the Tribunal's duty : 1. To supervise the
correct admininstration of justice and to take, if necessary, measures
towards barristers and prosecutors ; 2. To try the demands sent
to the Holy See to obtain the assignment of the affair to the roman
Rota or any other favor concerning the admininstration of justice
; 3. To prorogue the jurisidiction of inferior tribunals ; 4. To
give the approval of the court of appeal if it is reserved to the
Holy See, and to promote and approve the creation of interdiocesan
courts ".
" Art. 125. The Apostolic Signature is ruled by a special law ".
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