Skip to content

Peña Parra, “Overcoming a Distorted Vision of Matrimonial Causes through the Synod”

Synodality must also be applied to judicial procedures. In this way, it is possible to overcome “a distorted vision of matrimonial cases,” according to which it is thought that “mere subjective interests” must be affirmed. At the same time, instead, all participants in the process “are called to contribute to the same objective, that of making the truth of a concrete union between a man and a woman shine.” This was explained by Archbishop Edgar Peña Parra, Substitute of the Secretariat of State, inaugurating, on November 9, the 2023-2024 academic year of the Studio Rotale, the graduate school to become lawyers of the Sacred Rota.

Archbishop Peña Parra identified “listening, discernment, and ruling” as three aspects of the judicial process, which must be practiced by applying “synodality,” walking together. The Substitute said there are three key concepts, just as there are three critical concepts in the ongoing synodal process: communion, participation, and mission.

Elaborating on the three key concepts of the Synod, the Substitute underlined that communion “expresses the very nature of the Church,” mission “corresponds to the apostolic commitment towards the contemporary world.” At the same time, participation guarantees that “the first two, that is, communion and mission, do not become abstract terms” but rather express “the concreteness of synodality.”

According to Archbishop Peña Parra, the unicuique suum (to each his own), the classic objective of the law, appears far from the synodal idea, which instead “suggests sharing and overcoming individualistic positions.”

For the Substitute, however, this is not the case. It is not so above all in the law of the Church because “in it, the exercise of their rights is recognized to the faithful precisely in the function of the common aedificatio Ecclesiae,” and this is why canon law “has retained a particular characteristic over the centuries, namely a double bond towards the law and pastoral needs.”

Therefore, the juridical and pastoral dimensions are “inseparably united on the ground,” and it is “the task of the authority and the operator of law to make this peculiarity concrete and possible.”

Peña Parra then recalled the function of the Rota, whose function is “to essentially say, in the judicial sphere, the last word in contentious disputes, relating to the rights of natural or legal persons to be prosecuted, in the establishment of the legal facts” such as those of the nullity of marriage, “in criminal cases and in those purely procedural questions whose solution is functional for the correct conduct of the processes that concern the substantive issues.”

He adds that it is not just a review body, which is why its work is divided into listening, discernment, and ruling.

As regards listening, Peña Parra explains that only through the exercise of “authentic listening” does the canonical process “acquire a genuinely human, pastoral, and personal dimension,” overcoming “the cold acquisition of data.”

Therefore, discernment is based on three criteria: the “firm orientation towards the truth,” “the evaluation of the evidence,” and, therefore, “moral certainty.”

Finally, the ruling, — the Substitute explains — “is a procedural act which belongs exclusively to the judge and which has as its object the definition or decision on the matter submitted to him.” It involves issuing “a judgment regarding the conformity or otherwise of the party’s claim with the substantive law, through which it is decided to accept or deny it.”

(Translated and adapted by Jacob Stein)

This article was originally published on ACI Stampa. 

Receive the most important news from EWTN Vatican via WhatsApp. It has become increasingly difficult to see Catholic news on social media. Subscribe to our free channel today

Share

Would you like to receive the latest updates on the Pope and the Vatican

Receive articles and updates from our EWTN Newsletter.

More news related to this article

Pope Leo XIV marks moon landing anniversary with call to U.S. astronaut Buzz Aldrin

Pope Leo XIV marked the 56th anniversary of the Apollo 11 moon landing with a video call to U.S. astronaut Buzz Aldrin and a visit to the Vatican Observatory, located on the papal estate of Castel Gandolfo, where he has been staying for two weeks.

It’s official: Pope Francis will travel to World Youth Day, visit Fatima

Pope Francis at the Wednesday general audience in St. Peter's Square on June 17, 2015.

Message from Pope Francis on World Communications Day 2024

Every January 24th, Saint Francis de Sales, the patron saint of Catholic press, journalists, and writers, is commemorated.

Pope Leo XIV, Ocáriz discuss process of revising Opus Dei’s statutes

Pope Leo XIV on Wednesday briefly discussed the revision of Opus Dei’s statutes with the apostolate’s prelate, Monsignor Fernando Ocáriz, a revision that was postponed following the death of Pope Francis on April 21.

Pope Francis to Visit Verona for a Trip Centered on Peace and Justice

After completing a one-day trip to Venice, Pope Francis is set to return to northern Italy in late May for a visit to the city of Verona, where he will attend events focused on peace and justice while also meeting with clergy, laity, and inmates.

Pope Francis: ‘We must not get used to war!’

Pope Francis delivers his Regina Caeli address on May 21, 2023.

LIVE
FROM THE VATICAN

Be present live on EWTNVatican.com