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Sacra Rota Romana



 
 
The Tribunal of the Rota Romana or the Sacred Roman Rota is the highest appellate tribunal
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
 of the Latin Rite
Latin Rite

The Latin Rite is one of the 23 sui iuris particular Churches within the Catholic Church. This particular Church developed in western Europe and north Africa, where, from classical antiquity to the Renaissance, Latin was the principal language of education and culture, and so also of the liturgy....
 and several of the Eastern Catholic Churches and is the second highest ecclesiastical court
Ecclesiastical court

Church CourtsAn ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states....
 constituted by the Holy See
Holy See

The Holy See is the episcopal jurisdiction of the Bishop of Rome, commonly known as the Pope, and is the preeminent episcopal see of the Roman Catholic Church, forming the central government of the Church....
. The Catholic Church has a complete legal system, which is the oldest and one of the most advanced legal systems still in use today. The court is named Rota (wheel
Wheel

A wheel is a circular device that is capable of rotating on its axis, facilitating movement or transportation whilst supporting a load , or performing labour in machines....
) because the judges, called auditors, originally met in a round room to hear cases.

The Rota adjudicates cases in a panel (called a turnus) of three auditors assigned by the dean of the tribunal, though sometimes a larger number of auditors are assigned to a particular case.






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The Tribunal of the Rota Romana or the Sacred Roman Rota is the highest appellate tribunal
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
 of the Latin Rite
Latin Rite

The Latin Rite is one of the 23 sui iuris particular Churches within the Catholic Church. This particular Church developed in western Europe and north Africa, where, from classical antiquity to the Renaissance, Latin was the principal language of education and culture, and so also of the liturgy....
 and several of the Eastern Catholic Churches and is the second highest ecclesiastical court
Ecclesiastical court

Church CourtsAn ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states....
 constituted by the Holy See
Holy See

The Holy See is the episcopal jurisdiction of the Bishop of Rome, commonly known as the Pope, and is the preeminent episcopal see of the Roman Catholic Church, forming the central government of the Church....
. The Catholic Church has a complete legal system, which is the oldest and one of the most advanced legal systems still in use today. The court is named Rota (wheel
Wheel

A wheel is a circular device that is capable of rotating on its axis, facilitating movement or transportation whilst supporting a load , or performing labour in machines....
) because the judges, called auditors, originally met in a round room to hear cases.

The Rota adjudicates cases in a panel (called a turnus) of three auditors assigned by the dean of the tribunal, though sometimes a larger number of auditors are assigned to a particular case. The Pope
Pope

The Pope is the Bishop of Rome, the leader of the Roman Catholic Church and head of state of Vatican City. The current pope is Pope Benedict XVI, who was elected April 19, 2005 in Papal conclave, 2005....
 appoints the Rota's auditors, whose decisions are written in Latin
Latin

Latin is an Italic language, historically spoken in Latium and Ancient Rome. Through the Military history of the Roman Empire, Latin spread throughout the Mediterranean and a large part of Europe....
, and also designates the tribunal's dean. The current Dean of the Roman Rota
Dean of the Roman Rota

The Dean of the Roman Rota is the senior auditor of the Sacred Roman Rota, the last instance appellate tribunal of the Roman Catholic Church. The current dean is Bishop Antoni Stankiewicz, Titular Bishop of Nova Pietra....
 is Most Rev. Antoni Stankiewicz
Antoni Stankiewicz

Antoni Stankiewicz Doctor of Canon Law is a Poland Roman Catholic Bishop and Dean of the Sacred Roman Rota.He was born in Oleszczenice Poland....
, who has served in this capacity since 31 January 2004.

The Rota's main function is that of a third instance appellate tribunal
Appellate court

An appellate court is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In most jurisdictions, the court system is divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appell...
, reviewing decisions of lower courts if the original court and the first appeal court do not agree on the outcome of a case, though it can also at the option of the appellant hear the first appeal. Dominating its case load are marriage
Catholic marriage

Catholic marriage, also called Marriage, is an "indissoluble bond between a man and a woman, created by human contract and ratified by divine grace." It is one of the seven sacraments....
 annulment
Annulment

Annulment is a legal procedure for declaring a marriage Void . Unlike divorce, it is retroactive: an annulled marriage is considered never to have existed....
 cases due to the increased civil divorce rates among Catholics, but it hears non-administrative cases in any area of canon law
Canon law (Catholic Church)

Canon Law, the ecclesiastical law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation....
. In certain instances, the Rota has exclusive original jurisdiction
Original jurisdiction

The original jurisdiction of a court is the right to hear a case for the first time as opposed to appellate jurisdiction when a court has the right to review a lower court's decision....
, such as any contentious case in which a bishop is a defendant. If the case can still be appealed after reaching the Rota, the appeal goes to a different turnus, or panel, of the Rota.

The Rota is the highest appeals court, but it is not the highest court. If the Rota issues an invalid judgment, the judgment can be vacated before the Apostolic Signatura
Apostolic Signatura

The Supreme Tribunal of the Apostolic Signatura is the highest judicial authority in the Catholic Church besides the Pope himself, who is the supreme ecclesiastical judge....
, the highest court of the Roman Catholic Church outside of the Pope
Pope

The Pope is the Bishop of Rome, the leader of the Roman Catholic Church and head of state of Vatican City. The current pope is Pope Benedict XVI, who was elected April 19, 2005 in Papal conclave, 2005....
 himself. However, the legal powers of the Rota, not the merits of the case, are on trial before the Signatura: all the Signatura does is grant the petitioner a new trial in the Rota if the Rota was found to have erred in procedure.

The Rota, like any other court, has to interpret and apply the law, but unlike common law
Common law

Common law refers to law and the corresponding Legal systems of the world developed through legal opinion of courts and similar tribunals , rather than through statute law or Executive ....
 courts its interpretations do not have the force of law
Binding precedent

In law, a binding precedent is a precedent which must be followed by all lower courts under common law Legal systems of the world. In English law it is usually created by the decision of a higher court, such as the Judicial functions of the House of Lords in the United Kingdom....
 for lower courts. That role in Canon law
Canon law (Catholic Church)

Canon Law, the ecclesiastical law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation....
 is taken up by the legislator
Legislator

A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people....
 of the appropriate law. In the case of universal laws (such as the Code of Canon Law
Canon law (Catholic Church)

Canon Law, the ecclesiastical law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation....
), the authentic interpreter
Authentic interpretation

An authentic interpretation is an official interpretation of a statute issued by the statute's legislator. In Civil law and canon law, an authentic interpretation has the force of law....
 is the Pope, who has delegated this power to the Pontifical Council for the Interpretation of Legislative Texts of the Roman Curia
Roman Curia

The Roman Curia is the administrative apparatus of the Holy See and the central governing body of the entire Roman Catholic Church, together with the Pope....
. All courts, including the Rota, are bound to apply the interpretations thus given.

Auditors of the Rota

The active auditors of the Rota, with their dates of appointment by the Roman Pontiff, are the following:
  • Most Rev. Antoni Stankiewicz (Dean) (14 February 1978)
  • Rev. Msgr. Jose Maria Serrano Ruiz (25 March 1970)
  • Rev. Msgr. Kenneth Boccafola (3 April 1986)
  • Rev. Msgr. Josef Huber (5 December 1992)
  • Rev. Msgr. Giovanni Battista DeFilippi (20 December 1993)
  • Rev. Msgr. Robert M. Sable (6 June 1993)
  • Rev. Msgr. Egidio Turnaturi (9 June 1994)
  • Rev. Msgr. Maurice Monier (9 January 1995)
  • Rev. Msgr. Pio Vito Pinto (25 March 1995)
  • Rev. Msgr. Hanna Alwan (4 March 1996)
  • Rev. Msgr. Giordano Caberletti (12 November 1996)
  • Rev. Msgr. Angelo Bruno Bottone (4 November 1997)
  • Rev. Msgr. Grzegorz Erlebach (4 November 1997)
  • Rev. Msgr. Americo Ciani (8 February 1999)
  • Rev. Msgr. Jair Ferreira Pena (8 February 1999)
  • Rev. Msgr. Giuseppe Sciacca (25 March 1999)
  • Rev. Msgr. Giovanni Verginelli (28 March 2000)
  • Rev. Msgr. Agostino De Angelis (23 April 2001)
  • Rev. Msgr. Gerard McKay (8 June 2004)
  • Rev. Msgr. Abdou Yaacoub (15 November 2004)


Officers of the Rota


  • Rev. Sebastiano M. Paciolla, O. Cist.
    Cistercians

    Image:Cistersian priests in Szczyrzyc monastery.JPGThe keynote of Cistercian life was a return to literal observance of the Rule of St Benedict. Rejecting the developments the Benedictines had undergone, the monks tried to reproduce life exactly as it had been in Benedict of Nursia time; indeed in various points they went beyond it in austerity....
     (Promotor of Justice)
  • Rev. Msgr. Nabih Moawad (Promotor of Justice)
  • Rev. Msgr. Giovanni Vaccarotto (Defender of the Bond)
  • Rev. Msgr. Pius Eheobu Okpaloka (Defender of the Bond)
  • Rev. Alessandro Perego
    Alessandro Perego

    Alessandro Perego is a priest of the diocese of Rome. On February 14 2006 he was appointed as defender of the bond at the tribunal of the Roman Rota by Pope Benedict XVI....
     (Defender of the Bond)
  • Rev. Vito Angelo Todisco (Defender of the Bond)
  • Rev. Msgr. Michael Xavier Leo Arokiaraj (Head of the Chancery)


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