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This paper deals with the protection of equality and non-discrimination of healthcare professionals who refuse to perform abortions for reasons of conscience. It also discusses to what extent ethos-based healthcare entities can discriminate their employees on religious or ideological grounds and subject them to duties of loyalty towards their ethos. [ABSTRACT FROM AUTHOR]

In the drafting of the section on other acts of worship, and sacred places and times in the current Code, it was necessary to define and distinguish between canon and liturgical law in order to decide which canons were to be retained and which might be rewritten into the new text of the CIC. This paper explores the documents that deal with this subject, already known due to the publication of the proceedings, and presents fragments of other, previously unpublished documents, from the ‘minutes’ of the process stored in the archive of the Dicastery for Legislative Texts. [ABSTRACT FROM AUTHOR]

This paper explores the concept of crime and the different types of crimes included in Revised Book VI, comparing it with the previous version of Book VI in the 1983 Code of Canon Law, and highlighting similarities, differences and novelties. Some critical commentary is also provided, comprising proposals de iure condendo. The new system of titles categorizing the different crimes is discussed, as one of the most innovative and positive elements of the reform. The new types of crime outlined in Part II of the new Book VI are briefly described, except those in c. 1398, which would require more detailed, separate study. The author also analyzes the origins of the newly included crimes. Finally, the paper describes the most innovative and positive aspects of Revised Book VI, such as the formulation of the principle of the presumption of innocence, new financial crimes, etc. [ABSTRACT FROM AUTHOR]

This paper explores the principle of subsidiarity in light of the provisions set out in Praedicate evangelium, taking its cue from the lively canonical debate on the subject and the immediate premises of the current legislation. The content and scope of the principle evince difficult compatibility with the canonical order and the need to defer to other categories (co-responsibility and decentralization). The reform of the Roman Curia has undoubtedly promoted organizational decentralization and co-responsibility in particular Churches and Episcopal Conferences. What emerges above all is a commitment on the part to the Curia to coordinate, promote and integrate the work of bishops and episcopal conferences. The norms regarding decentralization, however, require some hermeneutical clarification or refinement and appropriate technical-procedural support. A more in-depth ecclesiological-canonical understanding of some of the basic notions used (such as communion, mission, collegiality, synodality and decentralization) might benefit the development of the system, so as to guarantee rights as well as the rationale and functionality of the Curia’s work. [ABSTRACT FROM AUTHOR]

The purpose of the article is to study how the new organization of the Roman Curia, established by the Apostolic Constitution Praedicate Evangelium influences the way in which the central government of the Church is exercised. The paper aims to reflect on the subject from a legal point of view and, to this end, first of all takes into consideration the existence and scope of the fundamental right of the faithful to good governance. It then identifies the principles of reform that may influence good governance. Finally, it examines the distribution of the functions of government (legislative, judicial and administrative) within the Roman Curia and analyzes their exercise, taking into account at all times the fundamental right to good governance. [ABSTRACT FROM AUTHOR]

This paper takes its cue from the obligations that may arise for ecclesiastical institutions within the Italian system of administrative responsibility for crime ex d. lgs. 231/01, which frames the actions required in the broader context of the currently intensifying ecclesial commitment to the renewed centrality of the human person in secular legal systems and, especially, in criminal law. In a general way, albeit applied to the specificities of various contexts, the study aims to highlight the need to develop a greater degree of awareness of one’s own normative role and a capacity for more effective interactions among recipients of the law, thus ensuring that cooperation between state law and private self-regulation does not result merely in the intrusion of criminal law systems and defensive/sanctioning approaches on the daily lives of those involved in the institutions’ activities. [ABSTRACT FROM AUTHOR]

The paper explores whether the creation of a parliamentary investigation commission on the abuse of minors by members of the clergy or in the context of activities organized by the Catholic Church falls within the remit of the nature and purposes of such commissions. The article also examines whether or not the creation of an Ombudsman-led commission for the same purpose complies with the constitutional precepts that regulate that office and the relationships between religious confessions and the State. Finally, the paper discusses whether the current legal procedures and rules justify the number of cases of abuses committed by members of the clergy brought by the State Attorney General's Office. [ABSTRACT FROM AUTHOR]

Against the background of a broader discussion about the role of legal precedent in the jurisdiction of the Supreme Tribunal of the Apostolic Signatura, this paper focuses on certain aspects of its jurisprudence in terms of legitimacy and the exact observance and uniform interpretation of the law. Focusing on the specificity of some definitive sentences in which, hypothetically speaking, the ratio decidendi may be identified as an indispensable assumption of precedent, the paper emphasises some advantages of judgement based on precedent. Drawing on an analysis of its legal activity, it may be concluded that judgment via precedent is, for the time being, a principle of lege ferenda. [ABSTRACT FROM AUTHOR]

The oath was historically one of the most important institutions in legal procedure. Its form was established in perfect detail by the classical canonists, who thereby ensured that its application would continue into modern times. Its origins can be found in Holy Scripture, in both Old and New Testaments, and an important factor in its development was traditional Roman law, which has always played a crucial role in the evolution of canon law. Precisely through the agency of the oath, defined in one sense as a particular form of ordeal, it became possible later to progress from the older type of common-law ordeals towards the standard of Roman-canon law full proof, and equally to the principle of free assessment of evidence by a judge. The main aim of this paper is to present the conceptual definition of the oath as an institution in classical canon law specifically on the basis of the most important sources and procedural-law manuals, describing its origins in the Bible and Roman law and emphasizing its role in the formation of modernday procedural standards. [ABSTRACT FROM AUTHOR]

This paper aims to contribute to the discussion on the best way of approaching Canonical Administrative Law, one of the most extensive and recent branches of Canon Law. To this end, it proposes recourse to the traditional forms of administrative intervention used by secular approaches in this area (control, public service and promotion) to categorize the way in which administrative functions are exercised in the Church. The article argues for the suitability of these categories to organize and explain many of the actions of ecclesiastical administrative bodies, as well as to improve their regulation by taking developments in secular law as a standard. [ABSTRACT FROM AUTHOR]

The Supreme Tribunal of the Apostolic Signatura has the authority to oversee the proper administration of justice in the Church. Among other things, this power includes the duty to monitor the ethical practices of lawyers and procurators. This paper explores the development of the relevant legislative rules and regulations up to the current law, paying particular attention to the specific characteristics of these norms and the corresponding disciplinary procedures. [ABSTRACT FROM AUTHOR]

The recent synodal process is an opportunity to reflect on the role of the baptised faithful in the life of the Church and especially in its dynamics of mission and evangelisation. Through his teaching and reforms, Pope Francis has converted the Synod of Bishops into a place open to the petitions of the entire Christian world and to offer solutions that may enable the Pope to govern the universal Church more efficiently. The paper examines the initial phase of the synodal process, that is, the stage in which the particular churches are called upon to offer their proposals and suggestions by listening to the faithful. In addition, it analyses some questions about the legal status of synodal consultation and the relationship between this process and the rights of the faithful, in particular concerning the right of petition. [ABSTRACT FROM AUTHOR]

This article focuses on the application of the principle of gender equality to the Catholic Church in the field of non-labor associative relationships, in the context of a recent decision of the Spanish Supreme Court. The ruling recognizes the right of a Catholic association to admit only male members. This controversy raises a number of important issues, both from the point of view of possible conflicting rights (equality and organizational autonomy), and from the point of view of public opinion, in relation to a hypothetical discrimination against women in religious institutions in general, and in the Catholic Church in particular. The purpose of the paper is to analyze the various elements of the problem, trying to distinguish real conflicts, at a legal level, from merely apparent contradictions. It also provides some criteria to assess cases of this kind. [ABSTRACT FROM AUTHOR]

Ministers of worship may carry out functions that have civil import; some religious acts have civil effects. Some religious professions do not limit the role of minister to men. Given that the rules and regulations of Ecclesiastical Law relating indirectly to women ministers of worship are scarce (Social Security), the purpose of this paper is to gain a clearer understanding of the situation and find out the number of women ministers who carry out religious functions that have civil effects. The Sub-Directorate General of Religious Freedom has been consulted to establish the number of ministers of worship included in the Registry of Religious Bodies, and religious organizations approached to see how many such ministers are women. At the same time, this analysis also provides further information on the functions that women carry out in religious organizations. [ABSTRACT FROM AUTHOR]

This paper explores the problematic issue of the general principles of law within the canon law system. First, particular features attributable solely to legal principles or rules are selected, which - the author goes on to argue - are distinguishable from one another only in terms of the number or degree to which they are applied in practice. Second, a number of these characteristics are discussed in relation to principles in terms of the general and indeterminate nature of the latter, taking into account the relative weighting of principles and the relationships between them. The paper concludes with some reflections on the true value of principles in the context of canon law argument and interpretation, as well as in the extensive history and experience of practice. [ABSTRACT FROM AUTHOR]

This paper studies the diocesan curia, focusing on the episcopal secretariat and the diocesan court. Although the two institutions specialized in different procedures, cooperation and exchange of information between them were usual. The role of the provisor encompassed both procedural and administrative responsibilities. This paper explores other roles in the diocesan court, including notaries and prosecutors. The secretary was linked to the bishop and his importance increased after the Council of Trent. The lack of official registries means that all extant records must be examined to shed light on the issues raised in this paper. [ABSTRACT FROM AUTHOR]

This paper focuses on the protection of religious freedom in the workplace by looking at the exceptions in current legislation governing the prohibition of discrimination on religious grounds, in line with European Directive 2000/78. Although it has not been transposed into Spanish law, this paper also addresses the right of religious denominations and ethos-based organizations to discriminate against workers on religious grounds and to require allegiance to their doctrine or ethos. [ABSTRACT FROM AUTHOR]

This paper outlines a number of obstacles facing the judge in establishing moral certitude in criminal cases. The aim is to offer solutions based on moral certitude (as an end in itself or a key reference point) to shed light on the procedural process towards a just sentence. [ABSTRACT FROM AUTHOR]

This paper analyzes the reform of the penal canon law promulgated by Pope Francis via the Apostolic Constitution Pascite gregem Dei, in light of the events that occurred in the years of the writing of Book VI, particularly 1967-1970. The latent issue arising from the documents and meetings of the study group, viz. the apparent incompatibility between justice and pastorality, asserted by a significant number of scholars at that time, is also assessed. Finally, this reform by Pope Francis is shown to constitute a change of mentality in the law of the Church, since it frames penal power as a tool in the service of justice and the pastoral government of the Church as a whole. [ABSTRACT FROM AUTHOR]

The purpose of this research is to analyse the definition of religion and religious organization in the U.S. legal system, as well as the relationship - or lack of a relationship - between such a definition and the principles that shape the U.S. constitutional model: the religious neutrality of public powers, and the separation between the State and religious organizations. To this end, the paper explores the decisions of the federal Supreme Court in contexts where it was necessary to determine the meanings of religion and religious organizations. [ABSTRACT FROM AUTHOR]

This paper analyses the vacancies and appointments of bishops in Castile in the period between the death of Philip the Fair in September 1506 and the return of Ferdinand the Catholic from Naples in August 1507. During that year, the Royal Council and the Aragonese monarch arbitrated measures to defend the Royal Patronage after Queen Juana had refused to select people to cover the vacant seats, which were disputed by nobles, clergymen and courtiers. Nevertheless, Pope Julius II demanded the appointment of the incumbents who had died in Curia. New documentation sheds light on this unique situation in the Castilian Church, which Ferdinand had to resolve in order to regain the government. He was able to achieve this with the help of Archbishop Cisneros, who was in favor of electing bishops “who were good before the eyes of God and before the eyes of the people”. [ABSTRACT FROM AUTHOR]

In light of the decrees issued by the President of the Council of Ministers to combat and contain the spread of Covid-19, the Catholic Church in Italy worked with the civil authorities to ensure that gatherings in church settings would not increase the risk of infection. The purpose of this paper is to provide an in-depth analysis and assessment of the measures taken by ecclesiastical authorities – the Holy See, Italian Episcopal Conference, Regional Episcopal Conferences, Diocesan Bishops – within the intrinsically flexible framework of ius Ecclesiae, enabling solutions that would avoid gatherings while also ensuring full freedom to enact the salvific mission of the Church, which is expressed above all in the liturgy and the sacraments. [ABSTRACT FROM AUTHOR]

The paper examines various aspects of a quaestio iuris of current pressing concern among canonists, regarding whether the major superiors of clerical religious institutes of pontifical right may set up autonomous pious foundations of a public or private canonical, legal nature. The purpose of this paper is to offer a solution to this matter, on the basis of the universal and particular laws in force, the general criteria that shape their interpretation and the practice of canon law. [ABSTRACT FROM AUTHOR]

This article studies the crimes of child pornography and possession of child pornography in the context of the Vatican criminal law system. Starting from the connection between pedophilia and child pornography, the study focuses on the analysis of the differences between these two types of crime in order to identify the defining characteristics of each. The difference between child pornography and pornography of minors was also highlighted. A close reading of the laws comprising the Zanardelli Code discloses its limitations, an inability to prove or punish new criminal cases. Thus, the legislative body proceeded to update and adapt the criminal law with a range of measures designed to enable the Vatican system meet emerging needs in relation to new types of crime. The final section of the paper explores the evolving Vatican regulatory response to the crimes of child pornography and possession of child pornography. [ABSTRACT FROM AUTHOR]

This article offers a brief overview of the history of women in the Church based on the idea that Jesus Christ was "the true inspiration and proponent of their dignity". The author analyzes the position of the abbess of Las Huelgas, who held civil and ecclesiastical jurisdiction from 1187 to 1874, a figure that exercised powers that would be unthinkable today. The purpose here is to contextualize the debate about the role of women in the Church, showing institutional support for their work, challenging the idea that their contribution to the official and organizational activities of the Church is due to a series of accidental circumstances, and highlighting the fact that the true role played by women is not due to "participation in ecclesiastical office, but respect for the gift received". However, the paper also explores specific ways in which lay people may play a part in offices of the Church. Conclusion: The specific contribution of women is "an indispensable contribution to the growth of a culture which unites reason and feeling, to a model of life ever open to the sense of "mystery", to the establishment of economic and political structures ever more worthy of humanity" (Pope St. John Paul II, Letter of Pope to Women, 29 June 1995). [ABSTRACT FROM AUTHOR]

Ten years have passed since the publication of the Motu Proprio Omnium in mentem, a norm that removed the clause concerning the formal act of abandonment from the Code of Canon Law and, along with it, some technical mechanisms linked to that provision. The purpose of this paper is to explore the legal-pastoral repercussions of this legal measure. To this end, the causes that prompted the promulgation of the Motu Proprio are described, as is the process by which it was drafted, focusing in particular on the doctrinal and disciplinary implications the law may entail, and offering an assessment of its appositeness. [ABSTRACT FROM AUTHOR]

Based on the essential principles of the legal process in general, and of the criminal process in particular (the adversarial process, the legal court's status as a third party, and the accused's right to a defense), this paper explores the development of procedural rules and regulations in relation to the crime of child abuse committed by members of the clergy. The legal route, once envisaged as the only possible way to judge crimes reserved to the exclusive competence of the Congregation for the Doctrine of the Faith, has been gradually replaced or significantly circumscribed by extrajudicial proceedings - the so-called 'administrative approach'. Given that this shift has serious repercussions for the right of defense in practice, the modus operandi at the Congregation has begun to incorporate elements of the legal process into its administrative proceedings, prompting the question of whether the administrative approach is now becoming a legal procedure, thus requiring new rules and regulations, as in the case of marriage annulment proceedings. [ABSTRACT FROM AUTHOR]

Pope Francis's recent motu proprio Imparare a congedarsi has prompted renewed interest concerning time-limited ecclesiastical posts. In addition to presenting what is new in the papal norm, this paper addresses three hermeneutical problems: the difference between loss of office due to age and term-limited positions; the difference between retirement and resignation at a given age; and the nature of a competent authority's intervention in cases of resignation and retirement. [ABSTRACT FROM AUTHOR]

Javier Hervada has studied the doctrine of Pedro Lombardía on several occasions. In a recent, short article, he summarized his studies on the matter, pointing out in a precise way each main point in his master's thinking; all of Lombardía's thought is condensed in the text. The purpose of this paper is to trace a complete and detailed perspective of Lombardía's views, including the scholarly grounds on which they are based. Hervada uses the latter principles to encapsulate Lombardía's work; they are used here to identify the root of Lombardía's conception of the nature of canon law, the influences to which he responded, as well as the impact of each, and the ultimate conclusion of his line of thought. [ABSTRACT FROM AUTHOR]

Under Pope Francis, synodality is a key concept for understanding the Church and the exercise of ecclesiastical government. This paper reflects on the synodal vocation of the People of God, and of the laity in particular, by exploring in depth the consequences of the ecclesial recognition of the fundamental rights of the laity and their participation in the threefold munus of Christ. The current canonical regulation envisages broad areas of action for the laity. Such law and ecclesiastical praxis help move beyond doctrinal debates regarding the link between holy orders and the exercise of the power of government. In addition, the author analyzes the regulation of lay ministries in canon 230, appraising their coherence with underlying ecclesiological principles. [ABSTRACT FROM AUTHOR]

The recent judgement issued by the Court of Justice of the European Union (Grand Chamber) marks a jurisprudential shift with regard to the right to privacy, via the protection of personal data, and the autonomy of religious confessions. Not only does this paper analyse the content of the judgement and the relationship between the two rights, it also explores new European legislation regarding the protection of personal data, and offers a comparative account of the assumption implicit in the Court decision in relation to parish baptismal records in Catholic churches in Spain. [ABSTRACT FROM AUTHOR]

Canon law may offer some promising insights to the bishops assembled for the Synod on young people, faith and vocational discernment. This paper provides an historical overview of the role that the criteria of suitability ought to play in the discernment of priestly vocations, as well as the importance of the distinction between the external and the internal forum on the path to priesthood. [ABSTRACT FROM AUTHOR]

One of the novelties in the 2015 reform of the processes governing the nullity of canonical marriage is the introduction of an abbreviated matrimonial process before the diocesan bishop. This paper studies the circumstances of people and phenomena that evince marriage nullity (new canon 1683, 2nd), by providing a detailed analysis of the circumstances which, by way of example, are mentioned in article 14 § 1 of the Rules of Procedure accompanying the reform of canons 1671 to 1691. The author notes the reservations expressed in relation to such circumstances (as currently drafted) from technical-legal perspectives, especially in light of how they have been explained in the Sussidio applicativo issued by the Roman Rota. Finally, the paper concludes with a recommendation that the Pontifical Council for the Interpretation of Legislative Texts contribute to clarifying the meaning of the law and facilitate its proper application by judges. [ABSTRACT FROM AUTHOR]

This paper analyzes the figures of Judicial Vicar and Instructor in the marriage annulment process, in light of the amendments enacted by Mitis Iudex. The various stages of the process are discussed, focusing on the role of the Judicial Vicar in each: admission of the application, notification, determining the formula of doubt, decision about the appropriate procedure, execution of the judgment. Special attention is paid to the abbreviated process before the bishop, the key novelty brought about by the Pope Francis reform; and the first instances of its application in ecclesiastical courts are taken into account. The final part of the paper addresses the role of the Instructor. [ABSTRACT FROM AUTHOR]

This paper analyses the reform of the law concerning charitable contributions enacted in 2015. The amendment was limited to an increase on tax deduction rates alone; and the most significant measure was a tax deduction of 75% on the first €150 of the donation. The reform focused on crowdfunding. However, no real overhaul of charitable contributions was undertaken: the new law does not address the main problems requiring solution. In an earlier report, a government working group analyzed a range of measures in relation to the tax implications of gifts. The final conclusion of the (unpublished) report was that the current system was fit for purpose. Furthermore, the issues explored by the working group were limited, and did not include some of the key problems in the current system regulating charitable contributions. This paper analyses the reform of charitable contributions and the conclusions of the report drafted by the ministerial working group. [ABSTRACT FROM AUTHOR]

The Episcopal conference is an institution that has gone through different stages since its origins in the nineteenth century. At present, given the doctrine of the synodality of the Church, there is some discussion of whether Episcopal conferences should be recognized as having general authority over the dioceses of the nation. This paper addresses the arguments for and against this possibility, and the importance of the «predominantly» consultative function of the Episcopal conference is recalled. [ABSTRACT FROM AUTHOR]

The centenary of the first codification of canon law has been preceded by rigorous historical studies, and serves as an occasion to reflect on the impact it has had on ecclesial law (and the life of the Church itself), both in terms of the decision to adopt codification as an instrument, and the decisions taken to structure some canonical institutions. Having previously been studied, a number of these decisions are assessed in this paper, before presenting the way in which the canonical discipline regarding the suitability of candidates for the priesthood was established. [ABSTRACT FROM AUTHOR]

This paper explores the impact of the decline of the modern state on the transformation of the Ius Publicum Ecclesiasticum Externum, a discipline that emerged alongside the rise in the late Middle Ages of a particular form of political organization known as the modern state. It analyzes the process by which the modern state emerged and developed, based primarily on the concept of sovereignty. The Church addressed this phenomenon through the development of the Ius Publicum Ecclesiasticum Externum. Amongst other factors, globalization and the eclipse of the concept of sovereignty are expected to lead to the decline of the modern state. These circumstances favor the transformation of the Ius Publicum, which tends to offer a universal vision that favors the protection of human rights and views the Church as a People of God, opening a greater space in which laypeople may foster the Christian spirit in the temporal order. [ABSTRACT FROM AUTHOR]

The appointment of holders of capital offices entails important sacramental implications, a number of legal-formal elements and significant prudential, pastoral and even political features. All these aspects are involved in the right of the ecclesial community to good governance. The purpose of this paper is to analyze the norms and some elements of their application regarding three dimensions of the act of provision. First, the legalsacramental dimension involved in the provision of episcopal offices is addressed. Second, the article focuses on hierarchical communion as a personal situation that is verified in such provision. Third, some of the moderating aspects of episcopal ministry relating to the provision of the capital office as such are taken into consideration. [ABSTRACT FROM AUTHOR]

The main purpose of this paper is to offer an apt account of the breakdown in interpersonal relationships within the context of the canonical process for the declaration of marriage nullity. To this end, a comprehensive legal understanding of the nature and content of marriage «in fieri» and «in facto esse» is required, followed by an account of the declarative status of the process of nullity. A reading of recent papal teaching in this regard prompts the conclusion that the connection between marriage breakdown and the nullity process remains the same: love of truth; in other words, an inquiry into the truth concerning the issue of spousal consent as part of the annulment process. Furthermore, this view guards against misguided pastoral practices that may have been proposed by other scholars. [ABSTRACT FROM AUTHOR]

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]

This paper presents the technical means by which each of the criteria has been framed, and to what extent the means employed may be regarded as leading to the achievement of the desired objective (efficiency and cost-free nature of nullity processes, so as to better serve the salvation of souls). Measures that strengthen the responsibility of the bishop in his diocese are clear and effective in achieving this end: both in the processes in which he acts as a judge and in the greater discretion he enjoys in appointing a single judge and lay judges, without sharing such responsibility with the Episcopal Conference. However, greater discretion in the appointment of judges may also be read as a measure that favors episcopal collegiality less than was foreseen prior to the reform. Following the reform, each diocesan Bishop enjoys greater autonomy in his diocese, with no requirement of approval from the Episcopal Conference, which is a structure of government at the service of episcopal collegiality and communion. [ABSTRACT FROM AUTHOR]

The purpose of this paper is to address an issue that has not yet been the subject of significant study: religious education in teacher training, in light of the 1979 Agreement on Education and Cultural Affairs. The wording of Article IV of the Agreement on Education and Cultural Affairs seems clear and the courts have endorsed a literal interpretation of the text. However, there are also interpretive criteria and resources that render this view less apparent: the authoritative interpretation made by government bodies; the relative weight of the subject in teacher training programs; and the academic practice of public universities in Spain. An overall assessment of the criteria discloses that implantation in practice may be poor because it fails to respect the object and ends of the Agreement as such. [ABSTRACT FROM AUTHOR]

Pedro Lombardía was probably the most influential canon lawyer in the last two centuries. In addition to his significant contributions to the reform of the Code of Canon Law and to the constitutional law of the Catholic Church, he had a decisive impact on the methodological renewal of the study of canon law in Spanish universities; in conjunction with a number of colleagues, he set up an international, pluralist scholarly network of canon lawyers and fostered the studies of law and religion in Spain. The purpose of this paper is to explain how Lombardía’s Christian faith is indispensable to an understanding of his work as a canonist. [ABSTRACT FROM AUTHOR]

The apostolic exhortation Amoris laetitia and the 2014 and 2015 Synods have addressed the situation of Catholics who enter into a civil marriage following divorce. Greater involvement of such faithful in the life of the Church has been proposed, which raises the issue of whether they may serve in church offices and ministries, such as participation in pastoral councils, teaching religion in Catholic schools or leading catechesis in parishes. The concept of canonical suitability is analyzed in light of the teachings of the Magisterium of the Church and other general provisions; the second part of the paper suggests different criteria in relation to clear positions and other, less clear-cut situations. [ABSTRACT FROM AUTHOR]

The spread of cultural consumption, which may be symptomatic of a gradual and general decline in education standards, has prompted much of legal thinking to privilege the «cultural» dimension of religious art over its religious dimension as such. Given this context, the legal nature of religious artworks is explored here using the methodology of a historical-legal, regulatory and jurisprudential perspective. This paper is framed by issues of intentionality and author copyright, the productive will(s) enacted in the legal transaction underlying a given artwork's creation, as well as the social perception of artistic production in different historical periods. In addition to concerns relating to property rights and the ranking or prioritization of criteria as regards current use(s), the purpose of this paper is to establish the essential legal elements of religious artworks as such. [ABSTRACT FROM AUTHOR]

To mark the centenary of the birth of Blessed Alvaro del Portillo, as well as his recent beatification, the purpose of this paper is to reflect on his contribution to Church law. Following a brief overview of del Portillo as a leader and canon lawyer, which highlights the sources of his legal and ecclesiological perspectives, a number of his contributions to revised canon law are explored: his input into the universal law of the Church, especially his involvement in the design and drafting of a proposed Fundamental Law of the Church; and his views on the shared legal status of all baptized persons based on their fundamental equality, which led in turn to a range of personal statutes, specifically the statute concerning laypeople. Another of his contributions is also referenced: the drafting and proposal of ten directive principles for reforming the CIC. [ABSTRACT FROM AUTHOR]

Not only did the authorities of Catholic institutions in the Early Modern Age enjoy contentious jurisdiction, they also had a power known as «voluntary jurisdiction», which encompassed the administrative activity of bishops. Despite its importance, few detailed studies have been carried out on this matter, particularly in relation to the period dealt with in this paper. The aim here is to trace the features and meaning of voluntary jurisdiction through a reading of canonical sources and documents from the diocesan archives in Extremadura, in order to understand the situation of Castilian dioceses from the 16th to 18th centuries. The study sets out the basic characteristics of governmental procedures in the Church so as to lay the foundation for future research into Diplomatics or the History of Canon Law. [ABSTRACT FROM AUTHOR]

This paper explores the meaning of sexuality from the perspective of Christian anthropology, encompassing the definition of different sexual disorders. The focus is on paraphilia and transsexualism, two sexual dysfunctions that receive relatively little attention in canon law, especially as regards their potential impact on marriage capacity and marriage nullity. The discussion draws on the diagnoses outlined in the DSM-IV-TR and the ICD. The characteristics common to the most significant paraphilia (fetishism, paedophilia, sadism, masochism, transvestism) are described, as well as their bearing on marriage capacity. The anthropological features of transsexualism and their impact on marriage are likewise addressed. Finally, the endeavour to reassess sexual disorders as normal is discussed. The argument underscores the fact that such dysfunctions cannot be sued to justify new models of marriage and family life; rather, in light of the teaching of the Magisterium and natural law, the true meaning of marriage and the family must be upheld and taught. [ABSTRACT FROM AUTHOR]

This paper analyzes the legal status of ecclesiastical posts and bodies involved in the management of diocesan ecclesiastical heritage. The objective is to identify and distinguish between their respective functions so as to shed light on how they ought to work together; and, in turn, to frame a collégial approach and sense of communion regarding ecclesiastical heritage, without compromising the prerogatives due to particular posts and bodies under the law. [ABSTRACT FROM AUTHOR]