CHAPTER III
: THE TRIBUNALS OF THE APOSTOLIC SEE
Can.
1442 The Roman Pontiff is the supreme judge for the whole catholic world. He
gives judgement either personally, or through the ordinary tribunals of the
Apostolic See, or through judges whom he delegates.
Can.
1443 The ordinary tribunal constituted by the Roman Pontiff to receive appeals
is the Roman Rota.
Can.
1444 The Roman Rota judges:
1° in
second instance, cases which have been judged by ordinary tribunals of first
instance and have been referred to the Holy See by a lawful appeal;
2° in third
or further instance, cases which have been processed by the Roman Rota itself
or by any other tribunal, unless there is question of an adjudged matter.
§2 This
tribunal also judges in first instance the cases mentioned in can. 1405 §3, and
any others which the Roman Pontiff, either on his own initiative or at the
request of the parties, has reserved to his tribunal and has entrusted to the
Roman Rota. These cases are judged by the Rota also in second or further
instances, unless the rescript entrusting the task provides otherwise.
Can.
1445 §1 The supreme Tribunal of the Apostolic Signatura hears:
1° plaints
of nullity, petitions for total reinstatement and other recourses against rotal
judgements;
2° recourses
in cases affecting the status of persons, which the Roman Rota has refused to
admit to a new examination;
3°
exceptions of suspicion and other cases against Auditors of the Roman Rota by
reason of things done in the exercise of their office;
4° the
conflicts of competence mentioned in can. 1416.
§2 This
same Tribunal deals with controversies which arise from an act of
ecclesiastical administrative power, and which are lawfully referred to it. It
also deals with other administrative controversies referred to it by the Roman
Pontiff or by departments of the Roman Curia, and with conflicts of competence
among these departments.
§3 This
Supreme Tribunal is also competent:
1° to
oversee the proper administration of justice and, should the need arise, to
take notice of advocates and procurators;
2° to
extend the competence of tribunals;
3° to
promote and approve the establishment of the tribunals mentioned in cann. 1423
and 1439.
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