Sacra Rota Romana
Encyclopedia
The Tribunal Apostolicum Rotae Romanae (Latin
, "Apostolic Tribunal of the Sacred Roman Rota") — also called the Sacred Roman Rota, and anciently the Apostolic Court of Audience — is the highest appellate tribunal
of the Roman Catholic Church, with respect to both Latin-rite members and the eastern-rite members and is, with respect to judicial trials conducted in the Catholic Church, the highest ecclesiastical court
constituted by the Holy See
. The Catholic Church has a complete legal system, which is the oldest still in use today. The court is named Rota (wheel
) because the judges, called auditors, originally met in a round room to hear cases. The Rota was established in the 13th century.
appoints the auditors of the Rota and designates one of them the dean
, who since January 21, 2004 is Most Rev. Antoni Stankiewicz
. The Rota issues its decrees and sentences in Latin
. The Rota adjudicates cases in a panel (called a Turnus) of three auditors, or more, depending on the complexity of the matter, assigned by the Dean of the Tribunal, though sometimes a larger number of auditors are assigned to a particular case. The auditors of the Rota have been deemed the cream of the crop of ecclesiastical judges serving various Dioceses around the world.
, is in Thomas Fastolf
's Decisiones rotae, consisting of reports on thirty-six cases heard at the Court of Audience in Avignon between December 1336 and February 1337.
, although it has jurisdiction to hear any other type of judicial and non-administrative case in any area of canon law. In certain instances, the Rota has exclusive original jurisdiction, such as any contentious case in which a bishop of the Latin Church is a defendant. If the case can still be appealed after a Rotal decision, the appeal goes to a different turnus, or panel, of the Rota.
The Rota is the highest appeals court, or Supreme court, for all judicial trials in the Catholic Church. A judgment of the Rota can, however with the greatest difficulty, be vacated by the Supreme Tribunal of the Apostolic Signatura, which is the highest Administrative Court in the Roman Catholic Church. However, the legal procedure or process used by the judges of the Rota, not the merits of the case, are on trial before the Signatura: the Signatura is only able to grant the petitioner a new trial to be held before a new turnus of the Rota, if the Rota was found to have erred in procedure ("de procedendo").
The Roman Rota proceedings are ruled by a specific set of rules, the "Normae Romanae Rotae Tribunalis", promulgated in 1994 by Pope John Paul II.
Only advocates who are registered in a specific list are allowed to represent the parties before the Tribunal.
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
, "Apostolic Tribunal of the Sacred Roman Rota") — also called the Sacred Roman Rota, and anciently the Apostolic Court of Audience — is the highest appellate tribunal
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
of the Roman Catholic Church, with respect to both Latin-rite members and the eastern-rite members and is, with respect to judicial trials conducted in the Catholic Church, the highest ecclesiastical court
Ecclesiastical court
An 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 Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
. The Catholic Church has a complete legal system, which is the oldest still in use today. The court is named Rota (wheel
Wheel
A wheel is a device that allows heavy objects to be moved easily through rotating on an axle through its center, facilitating movement or transportation while supporting a load, or performing labor in machines. Common examples found in transport applications. A wheel, together with an axle,...
) because the judges, called auditors, originally met in a round room to hear cases. The Rota was established in the 13th century.
Constitution
The PopePope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
appoints the auditors of the Rota and designates one of them the dean
Dean of the Roman Rota
The Dean of the Roman Rota is the senior auditor of the Tribunal of the Roman Rota, the last instance appellate tribunal of the Roman Catholic Church...
, who since January 21, 2004 is Most Rev. Antoni Stankiewicz
Antoni Stankiewicz
Antoni Stankiewicz JCD is a Polish Roman Catholic Bishop and Dean of the Sacred Roman Rota.He was born in Oleszczenice, Poland. He studied for and was ordained to the priesthood on 20 December 1958 at the age of 23. Pope John Paul II appointed him on 31 January 2004 as Dean of Roman Rota within...
. The Rota issues its decrees and sentences in Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
. The Rota adjudicates cases in a panel (called a Turnus) of three auditors, or more, depending on the complexity of the matter, assigned by the Dean of the Tribunal, though sometimes a larger number of auditors are assigned to a particular case. The auditors of the Rota have been deemed the cream of the crop of ecclesiastical judges serving various Dioceses around the world.
Name
Until the 14th century, the court was formally known as the 'Apostolic Court of Audience'. The first recorded use of the term Rota, which referred to the wheel-shaped arrangement of the benches used by the court in the great hall at AvignonAvignon
Avignon is a French commune in southeastern France in the départment of the Vaucluse bordered by the left bank of the Rhône river. Of the 94,787 inhabitants of the city on 1 January 2010, 12 000 live in the ancient town centre surrounded by its medieval ramparts.Often referred to as the...
, is in Thomas Fastolf
Thomas Fastolf
Thomas Fastolf, sometimes spelt Fastolfe was an English canon lawyer and Bishop of St David's from 1352 until his death....
's Decisiones rotae, consisting of reports on thirty-six cases heard at the Court of Audience in Avignon between December 1336 and February 1337.
Operations
The Rota's main function is that of an appellate tribunal, ordinarily reviewing decisions of lower courts if the initial court (first instance) and the first appellate court (second instance) do not agree on the outcome of a case; however, any party to an initial decision before a court of the Latin Church (and also some Eastern Churches) has the right to file a second-instance appeal directly to the Rota. Dominating its case load are petitions seeking the issuance of a decree of nullityAnnulment
Annulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
, although it has jurisdiction to hear any other type of judicial and non-administrative case in any area of canon law. In certain instances, the Rota has exclusive original jurisdiction, such as any contentious case in which a bishop of the Latin Church is a defendant. If the case can still be appealed after a Rotal decision, the appeal goes to a different turnus, or panel, of the Rota.
The Rota is the highest appeals court, or Supreme court, for all judicial trials in the Catholic Church. A judgment of the Rota can, however with the greatest difficulty, be vacated by the Supreme Tribunal of the Apostolic Signatura, which is the highest Administrative Court in the Roman Catholic Church. However, the legal procedure or process used by the judges of the Rota, not the merits of the case, are on trial before the Signatura: the Signatura is only able to grant the petitioner a new trial to be held before a new turnus of the Rota, if the Rota was found to have erred in procedure ("de procedendo").
The Roman Rota proceedings are ruled by a specific set of rules, the "Normae Romanae Rotae Tribunalis", promulgated in 1994 by Pope John Paul II.
Only advocates who are registered in a specific list are allowed to represent the parties before the Tribunal.
Styles
In recognition of the venerable Tribunal's almost 800 years of history and signal reputation, the Prelate Auditors, by exception to numerous norms promulgated by both Popes Paul VI and John Paul II, are to be addressed as "Most Illustrious and Most Reverend" ("Illustrissimus ac Reverendissimus"). The Dean of the Rota, even if not already consecrated a Bishop, is to be addressed as "His Excellency," ("Excellentia Tua"). All Prelate Auditor Judges of the Rota are styled, "Most Reverend Monsignor."Auditors
The active auditors of the Rota, with their dates of appointment by the Pope, are:- Most Rev. Antoni StankiewiczAntoni StankiewiczAntoni Stankiewicz JCD is a Polish Roman Catholic Bishop and Dean of the Sacred Roman Rota.He was born in Oleszczenice, Poland. He studied for and was ordained to the priesthood on 20 December 1958 at the age of 23. Pope John Paul II appointed him on 31 January 2004 as Dean of Roman Rota within...
(Dean) (14 February 1978) - Rev. Msgr. Kenneth Boccafola (3 April 1986)
- Rev. Msgr. Giovanni Battista DeFilippi (20 December 1993)
- Rev. Msgr. Robert M. Sable (6 June 1993)
- Rev. Msgr. Maurice Monier (9 January 1995)
- Rev. Msgr. Pio Vito Pinto (25 March 1995)
- Rev. Msgr. Giordano Caberletti (12 November 1996)
- Rev. Msgr. Angelo Bruno Bottone (4 November 1997)
- Rev. Msgr. Grzegorz Erlebach (4 November 1997)
- Rev. Msgr. Jair Ferreira Pena (8 February 1999)
- Rev. Msgr. Agostino De Angelis (23 April 2001)
- Rev. Msgr. Gerard McKay (8 June 2004)
- Rev. Msgr. Abdou Yaacoub (15 November 2004)
- Rev. Msgr. Michael Xavier Leo Arokiaraj (25 April 2007)
- Rev. Msgr. Alejandro Arellano Cedillo (25 April 2007)
- Rev. Msgr. Giovanni Vaccarotto (11 August 2010)
- Rev. David Maria A. Jaeger, O.F.M. (3 June 2011)
- Rev. Msgr. Vito Angelo Todisco (4 October 2011)
- Rev. Msgr. Felipe Heredia Esteban (4 October 2011)
Officers
- Rev. Msgr. Alessandro Perego (Promoter of Justice)
- Rev. Msgr. Antonios Chouweifaty (Adjunct Promoter of Justice)
- Rev. Mgsr. Enrico Adriano Rosa, (Defender of the Bond)
- Rev. Msgr. Robert Golebiowski, (Substitute Defender of the Bond)
- Rev. Msgr. Antonio Bartolacci, (Moderator of the Chancery)
- Rev. Msgr. Francesco Viscome, ("First" Notary)
- Rev. Msgr. Alessandro Recchia, ("Second" Notary)