At the African Synod 1994
Oct 14, 2004
Bishop Gilberto Agustoni Pro-Prefect of the Supreme Tribunal of the Apostolic Signatura speaking at the African Synod 1994.
(April 1994) The Supreme Tribunal of the Apostolic Signatura, following the norms of the C.A. PASTOR BONUS, provides, through a special section, to the administrative fees of justice in the Church (art. 123).
The intervention by the Pro-Prefect of this Ministry began with the reminder, to each Bishop, of the duty to create in each diocese a tribunal to give the faithful the possibility of defending their rights, in competent sedes. Where, for various reasons, this should not be possible, the Bishops of a region may agree to the creation of an interdiocesan tribunal.
This solution, which represents a real case of ecclesial communion and interdiocesan cooperation, has existed in Africa since 1957.
Where even this solution cannot be used, it is the Apostolic Signatura who must determine which tribunal has the competence to deal with the cases of a certain diocese, allowing even the necessary jurisdiction.
Another point concerns the academic title in canon law for the judiciary Vicar, the judges, the "Defensor Vinculi" and the Promoter of Justice in the tribunals.
For valid reasons, in exceptional cases and under certain conditions, the Apostolic Signatura dispenses from the titles required by law.
The intervention, however, stressed the urgency and the need for qualified personnel necessary for the proper functioning of the tribunal.
To this end, the Pro-Prefect joins the hope, already expressed in the Hall, of the creation of a Faculty for Canon Law in Africa, which still does not exist. This would ease the formation of priests and laity destined to the administration of justice.
It was also remembered that the assistance of trustworthy juridical consultants are of great help for the proper functioning of the diocese, because the correct knowledge of the law does not only help in the tribunals.
It was also mentioned that the legislative power that the actual Code of Canon Law accords to the Episcopal Conferences, who in such a way, with appropriate local laws - the so-called particular norm - may find solutions for the particular churches.
In conclusion, a recommendation: the Apostolic Signatura is not able to achieve its activity of support to the peripheral tribunals, first these do not collaborate in giving, by the filling in of specific statistical forms, the necessary data from which one can understand the "health status" of each tribunal.
At the African Synod 1994