ABOUT THE CONFERENCE PROGRAMME SPEAKERS
Study of Canon Law in the Light of the Reform of the Matrimonial Process
Presentation by Assoc. prof. Slavko Zec, PhD
One of the basic features of the study of canon law is its focus on and close connection with ecclesiastical justice and practice. In recent times, Pope Francis issued on 15 August 2015 a motu proprio titled Mitis Iudex Dominus Jesus i Mitis et misericors Iesus, whereby he reformed the tribunal proceedings for the declaration of nullity of marriage. That spurred the Congregation for Catholic Education, as the competent dicastery for ecclesiastical academic institutions and studies, to issue an instruction in order to respond to the new requirements arising from the papal motu proprio as well as to promote and provide guidelines for the study of canon law at higher education institutions. The instruction was issued on 29 April 2018 and is titled “The Study of Canon Law in light of the Reform of the Matrimonial Process”. With his Apostolic Constitution titled Praedicate evangelium of 19 March 2022 on the Roman Curia and its service to the Church in the world, Pope Francis renamed and restructured that Congregation, and thus it is now called “the Dicastery for Culture and Education”. It has two sections: for education and culture. The Education Section is competent for study programmes at ecclesiastical higher education institutions.
The instruction was drafted after extensive consultations, in particular with the Supreme Tribunal of the Apostolic Signatura. The document has a twofold importance: on the one hand, it speaks in general terms of the importance of studying canon law, it promotes and provides guidelines for the study, highlighting in particular institutions that have competence for the organisation of a canon law study programme; on the other hand, the instruction confirms that the canon norms of the Church and ecclesiastical practice are closely related. That is to say, the currently valid 1983 Code of Canon Law, the amended canon provisions following the promulgation and entry into force of that Code as well as other provisions issued in the meantime by the competent ecclesiastical authority are always for the purpose of a concrete life of the Church in its many forms. In this case, particular attention is paid to the work of matrimonial tribunals and marriage annulment processes.
The presentation will therefore give an overview of the structure, contents and meaning of that instruction, which begins with the current state of play, with emphasis on the care for academic excellence and quality of canon law studies. Further on, the instruction contains provisions on servants of justice and their academic training for an equitable and truthful dispensation of justice at ecclesiastical tribunals and shows the path of education with regard to different levels of competence and performance of different offices in justice. Finally, the instruction lays down norms addressed to Grand Chancellors and the academic authorities at institutions for the study of canon law as well as at faculties of theology and Catholic universities.
In the annex to the instruction, the Congregation sets out the contents of study programmes as regards the education of servants of justice at matrimonial tribunals. The contents include topics from the following study groups: philosophy, social sciences, biblical theology, moral and spiritual theology, substantive canon matrimonial law, procedural canon matrimonial law, pastoral family theology, psychology.
Key words: study of canon law, Congregation for Catholic Education, Dicastery for Culture and Education, instruction, reform of the matrimonial process, institutions for the study of canon law, guidelines for the study of canon law, education of servants of justice
