Schöch Nikolaus ,
Il Codice di procedura dei nuovi “Tribunali del lavoro” della Chiesa in Germania e il Codice di Diritto Canonico,
Antonianum, 81/4 (2006) p. 723-742
Summary: The Code of procedure for the Church’s own labour courts in Germany (in force since 1 July 2005) includes – as authorised by the Supreme Legislator - numerous norms that reflect Germany’s civil law, but diverge from the canon law otherwise in force in the universal Church, as well as other instances of outright “complementary” reception (“canonisation”) of German civil law. These “complementary” norms thereby become particular canon law for the Church in Germany (cf. CIC can. 22). This article highlights the norms in it that are either a departure from the universal canon law, or else complement it, and explains the reasons and modalities of the sometimes far-reaching choices made in this regard. The whole exercise has been approved “ad experimentum” until 2010. It remains to be seen whether it will then be re-authorised, and if so, how it may eventually be amended – on the basis of the experience gained in the meantime – and, especially, to what extent it may inspire other Bishops’ Conferences elsewhere too.