Roman Rota

The Roman Rota (Latin Tribunal Rotae Romanae " Tribunal of the Roman Rota ") is the ordinary Court of Appeal and by the Apostolic Signatura, the second highest court of the Roman Catholic Church world. It exercises the ordinary jurisdiction of the Pope. The Rota has its seat since 1967 in Palazzo della Cancelleria in Rome.

History

The Holy See decreed early on its own jurisdiction. The judicial functions were originally in the hands of the Pope and his advisers, the Cardinals. Around 1000 AD, found himself as a judge and the " Cappellani Papae - chaplains of the pope ' who commissioned the pope to manage the processes (" audire causas " ), which he did not personally preside intended or assign the Cardinals. These chaplains were first hearing judge (hence the common name today " Auditor " ); by Innocent III. (1198-1216) was then awarded them the authority to make judgments. Only in the 14th century the papal Court received definite shape by the Apostolic Constitution " Ratio iuris " of John XXII. ( 1316-1334 ).

The name " Rota " is first detected in 1336. What the name back, can not be determined with certainty. Perhaps it stems from the fact that the floor of the meeting room with a round plate (" rota " ) was adorned; perhaps also of the ongoing wheeled frame on which were the law books and stood before the judge's table during meetings. However, the circular arrangement of the judges chairs or the fact that the processes were transferred to different colleges of three or five auditors for treatment after a particular period - to a certain extent " rotated " - could have led to the naming.

Pope Martin V (1417-1431) laid on September 1, 1418 established by the Apostolic Constitution "In apostolicae dignitatis ," which features were requested by the judges of the Rota. For the appointment of the auditor, it was necessary that the person concerned a " doctor iuris famosus " was. He had to demonstrate at least three years public teaching at a university. But soon was dispensed from the proof of teaching; Instead, they demanded the degree of Doctor of secular and ecclesiastical law, without exception whatsoever and dispensation. The candidate should also have a certain property, lest came up against him the suspicion of venality. The " lex Martiniana " was for centuries one of the basic laws of Rota, which the auditors had to swear fealty at the opening of the judicial year, every year.

In the 15th century, the Tribunal came through the work of important men to high impact. The heyday of the Court fell in the 16th and 17th centuries. Five auditors of this era were later elected to popes. The reputation of the incorruptible justice of the Rota was legendary - as documented in the marriage process Henry VIII The popes granted the judges a large number of privileges and honors. Alexander VII (1655-1667) appointed auditors to the Apostolic sub-deacons and guardians of the pallium; The Pope also confessed to them purple instead of black robes.

In the heyday of the Court came the period of the decline that began in the 18th century by Präzedenzstreitigkeiten with the Roman noble courts and towards the end of the century its visible expression found in the fact that not a few European courts refused or prevented the execution of the Rota - judgments.

After the French Revolution, the Rota -ended only a miserable existence. In 1831 the every year celebrated with great pomp procession of riders were not set for the opening of the judicial year, because they had become an object of ridicule for the Romans. Three years later, limited Gregory XVI. (1831-1846) the jurisdiction of the Rota on the territory of the Papal States, so that the Court sank after the preliminary end of the temporal power of the Popes in 1870 to utter insignificance.

In 1908, the Rota by Pope Pius X (1903-1914 ) was brought back to life by virtue of the Apostolic Constitution " Sapienti consilio ". The Pope gave the Rota a separate law, the " Lex propria SR Rotae Signaturae et Apostolica " ( 1908), and ordered the " Regulae servandae apud SR Rotae Tribunal " ( 1910), later in its place the " Normae SR Rotae Tribunalis " ( 1934) occurred. Until 1983, the Court was called " Sacra Romana Rota ," then " Romanae Rotae Tribunal ." The currently valid standards issued by Pope John Paul II on February 7, 1994.

Responsibilities

In the first instance the Rota judges in proceedings of the bishops, through the Abbot Primate or Abbot President of a monastic congregation, the top leaders of religious institutes of pontifical right and of the dioceses and other physical or legal persons in the Church, which no other superior than the Pope himself are located. Unless otherwise specified, the Rota treated these cases in the second or higher instance. In addition to taking its judgments in the process, which were conferred specifically by the Pope.

In practice, however, the Rota is mainly engaged in the vocation in nullity of marriage; registering for the annulment of marriage, the Rota also take directly, bypassing the diocesan courts. Here, the Rota is responsible to judge the validity of church marriages and is usually Appeal, the courts of each diocese. Since the sacramental marriage contracted between two Christians by the Catholic understanding is indissoluble, the Rota can only find that a marriage from the beginning never came validly and so is void.

If it comes to the marriage of a head of state or members of a ruling dynasty in a process, the process is basically negotiated in Rome, there is a danger that the local court there.

Composition

All judges of the Rota are directly appointed by the Pope, and come from all parts of the world church. You must have received the priesthood, should be distinguished by great legal experience and have personal wisdom. The grown from history tradition, to be considered for the appointment of judges certain nations, is still observed. All auditors are ranked according to the same; the only difference is the length of service. The auditor is a college dean before as " primus inter pares ". The judges of the Roman Rota are prelates and the Apostolic Proto notaries equal. In general, the judges of the Rota are no cardinals; often obtained, however, the deans in the course of their term of episcopal ordination.

Currently Auditors (as of 2012):

  • Antoni Stankiewicz (14 February 1978)
  • Kenneth Boccafola (3 April 1986)
  • Giovanni Battista Defilippi (20 December 1993)
  • Robert M. Sable (6 June 1993)
  • Maurice Monier ( 9 January 1995 )
  • Pio Vito Pinto, Dean of the Roman Rota (25 March 1995)
  • Giordano Caberletti (12 November 1996)
  • Angelo Bruno Bottone (4 November 1997)
  • Grzegorz Erlebach (4 November 1997)
  • Jair Ferreira Pena (8 February 1999)
  • Giovanni Verginelli ( 28 March 2000)
  • Gerard McKay (June 8, 2004)
  • Abdou Yaacoub (15 November 2004)
  • Michael Xavier Leo Arokiaraj (25 April 2007)
  • Alejandro Arellano Cedillo (25 April 2007)
  • Settimio Maroncelli (11 August 2010)
  • Giovanni Vaccarotto (11 August 2010)
  • Vito Angelo Todisco (4 October 2011)
  • Felipe Heredia Esteban (4 October 2011)
  • Davide Salvatori (30 December 2011)
  • Piero Amenta (8 September 2012)

The Court makes all decisions collegially, a judge does not exist. As a rule, he treats the required on any process by a panel of three auditors, the so-called " Cycle ". In each of three College of senior judges chaired. However, the Rota may also in special cases in the whole of their auditors to act (" videntibus Omnibus ").

The court staff Rota composed, as well as at each diocesan or metropolitan court, a church lawyer (promoter iustitiae ), multiple marriage bond defenders ( Defensores vinculi ) and a number of notaries together.

A lawyer / training

At the Roman Rota by a lawyer; that is, litigants can cause before this Court their processes only by licensed lawyers. The Rota - lawyers are all specialists in canon law and have received special training, but are usually laymen.

In the Rota there is a separate study, the " study Rotale " which results in the formation of Rota - lawyers as well as of future judges, church lawyers and defenders marriage bond for church courts to the destination. The course takes place under the supervision of the Dean of the Rota and is headed by an auditor. The training is open to clergy and lay people who have at least the academic degree of licentiate in Canon Law; for admission to the final exam of the proof of the doctorate is required. The course, which is necessary to obtain the title of a Rota - lawyers, lasts three years.

List of Deans ( incomplete)

  • Joachim -Jean -Xavier d' Isoard (1824-1827)
  • Michele Lega (1908-1914)
  • Guglielmo Sebastianelli (1914-1920)
  • Many Serafino (1920-1921)
  • Prior Giovanni (1921-1926)
  • Massimo Massimi (1926-1935)
  • Giulio Grazioli (1936-1944)
  • André Jullien PSS (1944-1958)
  • William Theodore Heard (1958-1959)
  • Francis Brennan (1959-1967)
  • Bolesław Filipiak (1967-1976)
  • Charles Lefebvre (1976-1978)
  • Heinrich Ewers (1978-1982)
  • Arturo De Iorio (1982-1985)
  • Ernesto Maria Fiore (1985-1993)
  • Mario Francesco Pompedda (1993-1999)
  • Raffaello Funghini (1999-2004)
  • Antoni Stankiewicz (2004-2012)
  • Pio Vito Pinto ( since 2012 )
Appellate court Comptroller Pope Alexander VII Subdeacon Annulment (Catholic Church) Cardinal (Catholicism) Society of Saint-Sulpice
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