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Papieska Rada Tekstów Prawnych i interpretacje autentyczne

100%
Kaczor A.
Kościół i Prawo
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2013
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issue 2 (15) nr 2
133-163
EN
The Author analyses the competences of the Pontifical Council for Legislative Texts, especially the most important one – the authentic interpretation. At the beginning the Author shows the historical background for the Council. The interpretation of canon law was not included in the legal system until the XX century. Pope Benedict XVI with motu proprio Cum iuris canonici, dated 15 September 1917, established the Pontifical Commission of Cardinals for Authentic Interpretation of the Code of Canon Law. Then, Pope John Paul II, with motu proprio Recognito Iuris Canonici, dated 2 January 1984, established the Pontifical Commission for Authentic Interpretation of the Code of Canon Law. Under the Apostolic constitution Pastor bonus (28 June 1988), John Paul II changed its name to the Pontifical Council for the Interpretation of the Legislative Texts. The functions of the Pontifical Council for Legislative Texts are presented in the article. Its main competence is the interpretation of the laws of the Church (art. 154-155 Pastor bonus). Moreover, the Council is competent to grant the general decrees of the conferences of bishops the recognitio (art. 157 Pastor bonus) and is at the service of the other Roman dicasteries (art. 156 Pastor bonus). The Author shows the methods of work of the Pontifical Council and cites examples of the authentic interpretations of the Council (Commission). At the end of the article it is concluded that the interpretation's maxim of the canonical legal system is the “Spirit of the Vaticanum II”.
2

Kompetencje Papieskiej Rady Tekstów Prawnych

100%
Romanko A.
Roczniki Nauk Prawnych
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2013
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vol. 23
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issue 1
93-109
EN
The paper discusses the problem of the competences of the Pontifical Council for Legislative Texts. At the beginning, the author shows the meaning of ‘competence’ - both in general and in law - as an authorization and particular conduct. Then, there are shown four competences of the Pontifical Council for Legislative Texts according to the apostolic Constitution Pastor bonus. Its main function is to interpret the laws of the Church. The Council publishes authentic interpretations which are confirmed by pontifical authority. Secondly, the Council assists the Roman dicasteries to ensure that general executory decrees and instructions are in conformity with the prescriptions of the law. Thirdly, the Pontifical Council determines whether particular laws and general decrees are in agreement or not with the universal laws of the Church. The last competence of the Pontifical Council - juridical one - is to determine at the request of those interested whether particular law is in agreement with the universal law of the Church.
3
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Kompetencje legislacyjne konferencji biskupów dotyczące munus docendi

100%
Lewicka M.
Kościół i Prawo
|
2012
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issue 1(14)
67-83
EN
According to the teaching of the Vatican Council II, the proclaiming of the Word of God is the main function of the bishop. The teaching function of bishops can exercise personally in communion with the Roman Pontiff or collegial within the framework of the conference of bishops, what is one of the indicative of affective collegiality. Bishops assembled within the framework of the conference of bishops realize the legislative competences in the range of the teaching function issued general decrees. A conference of bishops has power to issue general decrees in cases where the Code of Canon Law of 1983 has prescribed it or a special mandate of the Apostolic See has established it either motu proprio or at the request of the conference itself (can. 455 § 1), and each and every bishop has given consent (can. 455 § 4).
4
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Child Sexual Abuse Crisis in the Irish Church 1996–2021: Guidelines and Canonical Response

71%
Mullaney M.
The Person and the Challenges. The Journal of Theology, Education, Canon Law and Social Studies Inspired by Pope John Paul II
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2022
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vol. 12
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issue 1
23-51
EN
When the sexual abuse crisis exploded in the Irish Church, the canonical expertise, experience and the administrative processes for dealing with and managing complaints and suspicions of child sexual abuse by clergy were simply not fit for purpose. Addressing the crisis in the Irish Church required not only a canonical but a multidimensional response involving pastoral supports to victims and other parties, preventative measures, education, guidelines, policies, procedures, training and monitoring. Four sets of guidelines (1996, 2005, 2008, 2016) document the Irish Church’s increasingly robust efforts to address this crisis supplemented by the clearer universal norms issued by the Holy See. The article highlights some of the significant developments in the guidelines and canonical legislation: the paramountcy principle; the issue of recognitio and the binding authority of these guidelines. The nature and value of guidelines is that it they can never be completely definitive, and are continually evolving to reflect changes in the statutory context, best practice, in canon law or otherwise as these arise.
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