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This paper analyses the role of the bishop as judge in light of Motu Proprio Mitis Iudex Dominus Iesus, promulgated by Pope Francis on 15 August 2015. The analysis addresses these four main issues: 1. is the normative character of the text an innovation or a rediscovery? 2. the historical background; 3. the requirements of the new legislation; and 4. problematic issues and challenges. The first two points lay the groundwork for further consideration, while the latter two aim to clarify the scope of the legislation and highlight potential challenges in its application. Indeed, the final point is framed as an «open conclusion», as responses may be expected to arise through both the experience of Bishop-Judges in carrying out their juridical role and in the application of the legislation contained in the Motu Proprio. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to establish the justification for findings of fact in the Treaties between the Holy See and the Republic of Croatia, which recognize the unique role of the Catholic Church in the education of the Croatian people over history and in social, cultural and educational terms. A chronological overview of events and testimonies (from the Christianization of the Croatian people to independence, via the history of various royal families, the period of political dependence on Austria, and the two Yugoslavias) is used to frame the agreements and rules that functioned as historical and legal precedents to the Treaties signed in 1996 and 1998. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to explore the registration of real estate used for worship or religious purposes in the Spanish Property Register. The discussion focuses on properties belonging to the Catholic Church, which are registered through the special procedure set out in article 206 of the Ley Hipotecaria (Spanish Real Estate Law), as well as on the enrolment of structural modifications made or added to the registered property. Given that properties used for worship or religious purposes have special characteristics, they are governed by a specific legal framework which must be recorded in the Property Register, so as to ensure proper opposability by third parties. Thus, the argument here is that the Register must also record the cultural/religious function of a given property. [ABSTRACT FROM AUTHOR]

This paper explores canonical administrative activity in relation to buildings and other places of worship (churches, oratories, private chapels and sanctuaries) in church praxis in Italy, based on CIC rules and instructions issued by the Italian episcopal conference. In light of an analysis of the elements and effects of deputatio ad cultum, reparatio iniuriae and reductio ad usus profanos, the praxis with regard to concerts, tours, exhibitions, etc. is addressed, as well as the award of licenses and approvals relating to places of worship. The Italy-specific system enabling the juridical-pastoral description of churches established by the Italian episcopal conference is a particular focus of inquiry, along with agreements drafted to commend or concede the use of a church. Finally, the praxis governing the construction of new churches in the Diocese of Rome, which is entrusted exclusively to the ORPF, is discussed. The appendices comprise a set of model forms and regulations used in Italy. [ABSTRACT FROM AUTHOR]

Immigration has become a more common phenomenon in Spain in recent times and, as a consequence, the number of mixed marriages has also risen. This paper analyses the statistics as regards migration patterns in relation to marriage rates and religious diversity in Spain, so as to explore the meaning and development of the canonical regulation of mixed marriages, in general, and disparity of worship as a matrimonial impediment, in particular. The specific conditions required to obtain dispensation of any such impediment, thus enabling marriage, are addressed in considerable detail. In addition, the article also deals with the regulations set out by the Spanish Episcopal Conference on marriage between Catholics and Muslims. In this regard, possible problems (religious, cultural, etc.) and solutions, as well as legal matters including the risk of nullity relating to such marriages, are discussed. [ABSTRACT FROM AUTHOR]

This paper, which deals with the relationship between the juridical statutes of churches and fundamental rights within the European Union, is divided into two parts. The first part describes the protection of fundamental rights within the EU; and the second addresses the three key questions that arose regarding a subject discussed during the European Convention held to draft the so-called European Constitution, the failure of which led to the Treaty of Lisbon: (1) the relationship between church statutes and Article 10 of the Charter of Fundamental Rights of the European Union (concerning freedom of thought, conscience and religion); (2) the role of fundamental rights as parameters protecting churches in EU treaties; and (3) the guarantee of the juridical statute of churches under the terms of the Charter. [ABSTRACT FROM AUTHOR]

In light of a general overview of funding streams according to source-type and an analysis of the specific means by which religious institutions are financed, this paper explores the economic situation of dioceses in Spain in the years 2007, 2008 and 2009. The focus of this empirical study is on examining the level of dependence on different financial resources based on their origin and the size of the diocese, as well as the use to which such funding is put. [ABSTRACT FROM AUTHOR]

The existing Canon Law is profoundly marked by a codification technique adopted with the promulgation of the 1917 Code. This paper highlights the distinctive nature of the first canonical codification as compared with the codification of secular legal systems, and explores in detail the causes (both legal and ecclesiological) and consequences of this first canonical codification. The second, current canonical codification is also analyzed in light of the new juridical and ecclesiological context of the final third of the 20th century, so as to establish its exact meaning and practical use. Finally, the place of Canon Law in the broader context of the development of the Western legal tradition is also addressed. Thus, the overall purpose is to set out the positive and negative conditioning factors of a legal technique that cannot be regarded as neutral. [ABSTRACT FROM AUTHOR]

Article 206 of the Spanish Mortgage Act provides a fast, cheap and easy way for the first registration of immovable properties belonging to the Catholic Church. However, a number of doubts have been raised concerning the compatibility of this provision with Articles 14 and 16 of the Spanish Constitution. This paper starts from the canons of construction of the rules contained in Article 3.1 of the Spanish Civil Code in order to argue the full constitutionality of Article 206 of the Mortgage Act; some practical issues that may arise when the Catholic Church registers an immovable property are also discussed. [ABSTRACT FROM AUTHOR]

Through the revision of the principal norms agreed with the Church and of the unilateral principal norms of the State, this paper presents the actual situation of the financing of the Catholic Church entities in Spain. The evolution of the tax allowance established in the Spanish National Budget Law since 1988 deserves a particular attention. This tax allowance system has been substituted in 2007 by a new one which will not depend every year of the budget strength of the State but exclusively of the will of the citizens while presenting the Tax declaration about the income of the physical person (in a percentage of 0.7%). The article also studies the mechanism of the distribution of the funds obtained with the tax allowance through the Interdiocesan Common Fund. Finally, the concept of financing is explained and suggestions for the future are pointed out. [ABSTRACT FROM AUTHOR]