From Reservation to Vigilance: A Possible Step in Dealing with the Delicta Graviora

The @article “From Reservation to Vigilance: A Possible Step in dealing with the Delicta Graviora” presents the need and possibility of a gradual transition from the system of reservation to the system of vigilance in dealing with the delicta graviora. The present legislation of the Holy See regardi...

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主要作者: Perumayan, Biju Varghese (Author)
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语言:English
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出版: Institution of Oriental Canon Law 2020
In: Iustitia
Year: 2020, 卷: 11, 发布: 1, Pages: 113-128
IxTheo Classification:SB Catholic Church law
Further subjects:B 1152 (Katholische Kirche) / Codex canonum ecclesiarum orientalium
B 89 (Katholische Kirche) / Codex canonum ecclesiarum orientalium
B Reservation
B delicta graviora
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总结:The @article “From Reservation to Vigilance: A Possible Step in dealing with the Delicta Graviora” presents the need and possibility of a gradual transition from the system of reservation to the system of vigilance in dealing with the delicta graviora. The present legislation of the Holy See regarding the delicta graviora seems to have not sufficiently taken onto consideration the three-tiered hierarchical structure of the Eastern Catholic Churches. The Heads and Synods of the Eastern Catholic Churches do not have any competence or role in dealing with these delicts of their clerics. Considering the present legislation as an instance of emergency and an extraordinary measure, this study discusses the possibility of assuming he patriarchal ius vigilantiae in CCEO can. 89 §1 as a principle of harmonious coordination of penal competence among various hierarchical levels instead of the present system of reservation. It is true that both the systems of reservation and vigilance imply limits to the autonomy of the lower authorities. However, the system of vigilance seems to have certain advantages over that of the reservation.
ISSN:2248-9789
Contains:Enthalten in: Iustitia