Schöch Nikolaus ,
Il Supremo Tribunale della Signatura Apostolica al servizio dell’equa soluzione dei conflitti tra i fedeli e le autorità amministrative della Chiesa,
Antonianum, 80/2 (2005) p. 319-331
Summary: The merger of parishes, the reduction of churches to the profane state, the removal of parish priests, the dismissal of religious from their institute and similar administrative acts may injure the rights of the faithful. The system of administrative recourses developed in accomplishment of the seventh principle issued by the first Synod of Bishops after the Second Vatican Council for the revision of the legislation contributes to overcome decisions issued arbitrarily by the Church administration. The real possibility to vindicate the proper rights before the hierarchical Superior and finally the Supreme Court of the Apostolic Signatura offers an alternative to the temptation of challenging their acts by civil litigation. This article presents with concrete examples an overview of the principal problems emerging in the discussion and decision of administrative recourses by the Second Section of the Supreme Tribunal of the Apostolic Signatura: the notification of the single administrative act challenged, the active legitimating, the peremptory time limit to present the recourse, the suspension of the execution of the administrative act, the consultation of interested persons and the consultive bodies.