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- Title
IL PRINCIPIO PRIMA SEDES A NEMINE IUDICATUR NELL’ORDINAMENTO VATICANO.
- Authors
Celsi, Francesco Ricciardi
- Abstract
The Prima Sedes a nemine iudicatur principle is closely connected with the doctrine of the primacy of the Roman Pontiff, which constitutes one of the major cornerstones in canon law. Said principle derives from divine right and concerns the government functions of the universal Church. In this study, we raise the question of the validity of such a principle within the Vatican juridical structure. The reasons that led us to address this issue are due to some considerations that are pertinent to the Petrine munus. The legal functions related to the primatial office are strictly pastoral and spiritual in nature, while the functions related to the role of sovereign in the Vatican City State are mostly temporal, though the latter is closely connected with the mission of the Church in the world and therefore with a purpose of spiritual nature. This, however, does not lead to the denial of the Prima Sedes a nemine iudicatur principle within the Vatican City State, but encourages to reflect on the need for distinguishing whether the Roman Pontiff is acting according to a strictly pastoral and spiritual function, and thus pertaining to canon law, or in the exercise of strictly temporal functions related to the life of this peculiar State. It is a distinction that is not always easy to make, both because, in the Vatican, there are actually different temporal areas where spiritual aspects and purposes are to be taken into account, and because, at the same time, situations may occur in which ecclesial aspects overlap with the temporal ones. At the end of this study, we have inserted a paragraph regarding a judgement of the Vatican Court that offers some food for thought on the subject.
- Subjects
PAPAL primacy; TEMPORAL power of popes; PASTORAL care; RELIGIOUS leadership; CANON law; VATICAN City. Supreme Courts
- Publication
Archivio Giuridico, 2016, Vol 236, Issue 3/4, p525
- ISSN
0391-5646
- Publication type
Article