Progress and challenges in canonical procedural law
DOI:
https://doi.org/10.31240/2595-1165.vol6n12a2023pp53-87Keywords:
Modernization, Normative challenges, Canonical procedural law, Diocesan bishops, Declaration of matrimonial nullityAbstract
Canonical procedural law is undergoing significant transformation, particularly in the area of matrimonial law, where the reforms introduced by Pope Francis in 2015 have led to substantial changes. These reforms, enacted through the motu proprio Mitis Iudex Dominus Iesus (MIDI) and Mitis et Misericors Iesus (MMI), have greatly streamlined the process for declaring matrimonial nullity, making it more efficient and enhancing the role of diocesan bishops as natural judges. However, these advancements come with considerable challenges. The increased emphasis on the role of bishops requires more extensive technical training and careful implementation of the new norms, which can be challenging in some circumstances. Additionally, the reforms have raised questions about the clarity of the legal provisions and the effectiveness of these changes, prompting the need for further clarification from ecclesiastical authorities. While matrimonial canonical law has undergone significant updates, other areas, such as penal and administrative law, still await comprehensive reform. This disparity presents ongoing challenges for the overall coherence and efficiency of the ecclesiastical legal system.
INSTITUTO SUPERIOR DE DIREITO CANÔNICO SANTA CATARINA