What is the “court” that deals with heresy?

On July 5, Archbishop Carlo Maria Viganò was found guilty of the crime of schism by the Dicastery for the Doctrine of the Faith. The former representative of the Holy See in the United States had previously been summoned by this dicastery, which has its own tribunal — in this case the Supreme Apostolic Tribunal. But the Italian prelate, who with his crimes has excommunicated himself, chose not to appear.

Without going into the specific case of Viganò, Monsignor Patrick Valdrini, professor of canon law and canon of the Lateran Basilica, explained to I.media the role and functioning of this Church tribunal, which is responsible in particular for judging cases of schism or heresy.

Aleteia: What is the role of the Supreme Apostolic Tribunal, the tribunal of the Dicastery for the Doctrine of the Faith?

Msgr. Patrick Valdrini: To explain its role, I must first recall that the Dicastery for the Doctrine of the Faith was instituted in the 16th century by Pope Paul III (until Francis it was called a “congregation”) to maintain and promote the doctrinal unity of the Church. It was the time of the Inquisition. However, alongside activities such as defining elements of faith in the form of declarations, it has always exercised a so-called judicial competence, thanks to a tribunal specialized in respecting the integrity of faith, morals, and the sacraments.

Since John Paul II, the popes have reinforced this judicial competence, adapting it to the needs of our times. In particular, they have specified the cases in which this tribunal can intervene. These are known as “reserved delicts.” They occur in particular Churches or ecclesial communities such as religious congregations, but must be brought before the dicastery by the respective bishops or religious superiors. These acts are referred to in Norms, the latest of which were issued by Francis in 2021.

They concern numerous “offenses.” These include heretical acts, apostasy, and schism, as well as sacramental offenses such as desecration of consecrated species, violation of ordination rules, and failure to respect canonical provisions concerning the highly regulated exercise of the sacrament of penance.

But also, for some years now, all acts that are generally qualified as sexual abuse of minors or vulnerable people. It is these latter cases which, unfortunately, form the court’s main activity.

It’s presented as the Church’s highest court of justice. Is it?

Msgr. Valdrini: No, this designation is inappropriate. It’s called the “Supreme Apostolic Tribunal” because, among the means available to the pope to exercise his authority over the entire Church, there is, within the Roman Curia, this jurisdiction specializing in matters of faith and morals. It is a “means” which the dicastery uses to exercise its mission.

The most recent popes wanted the cases I mentioned above to be handled professionally and, as a result, they centralized juridical knowledge of these cases, reserving them for the Roman dicastery. Cardinal Ratzinger — later Benedict XVI did not deny it — had pointed out that many dioceses were not in a position to conduct a procedure guaranteeing a fair and equitable knowledge of the cases, simply because of a lack of competent people or because there was too great a proximity between the guilty persons and the judges.

So the guiding idea of the reform, retained by Francis, is not simply centralization. Rather, it’s a desire to ensure that cases are handled by people with canonical competence. The fact that there are two procedures is proof of this.

The first is strictly judicial, applying the rules that canon law requires for a proper trial. This first, lengthy procedure is rarely used. The second is extrajudicial, faster, and in practice, more common. In this case, the dicastery can either organize it itself, which it rarely does, or entrust it to the bishop who reported the case, or to another bishop. Consequently, the dicastery judges whether the case will be handled locally with all the necessary guarantees of competence.

What distinguishes it from the Supreme Tribunal of the Apostolic Signatura, which is part of the Roman Curia?

Msgr. Valdrini: The Tribunal of the Apostolic Signatura has a number of functions that have nothing to do with those of the dicastery tribunal we’re talking about. It is called “apostolic” because it assists the pope in the exercise of his universal office. And it is called “supreme” because it supervises the activity of the Church’s diocesan and interdiocesan tribunals and the Roman Rota, which deal mainly with causes of marriage nullity, and exceptionally with conflicts between individuals or communities.

In the first place, the Tribunal of the Apostolic Signatura has competences that concern the exercise of the judicial function of the Roman Rota, which deals with these cases. Secondly, it receives appeals against decisions of the Roman dicasteries. Thirdly, it guarantees the proper exercise of justice in the dioceses, i.e. the local courts.

Who can be judged by the Apostolic Tribunal for the Doctrine of the Faith?

Msgr. Valdrini: Anyone who belongs to the Catholic Church and whose actions violate the integrity of faith and morals, and the respect due to the sacraments, can be judged by this tribunal. One rule remains in Francis’ latest Apostolic Constitution on the Roman Curia (Praedicate Evangelium): It requires that the tribunal receive a mandate from the pope to judge a cause concerning a cardinal, a papal legate (thus an apostolic nuncio), a bishop, or any person of whom the pope is the direct “superior.”

Generally speaking, causes submitted to the tribunal come either from the dicastery itself, or, in most cases, from bishops or religious superiors who apply to the dicastery, which then decides which legal path to take in dealing with the cause.

Who are the people concerned? First and foremost, those who hold office in the Church, whether clerics or lay people. They have a status whose modification, as is the case with excommunication or the deprivation of powers to act (e.g. “suspense” for priests), falls exclusively within ecclesiastical jurisdiction.

In fact, as can be seen in the judicial handling of sexual abuse cases, the Church exercises its jurisdiction with due regard for the intervention of the civil justice systems of the countries where the wrongdoers committed their acts. The tribunal of the Dicastery for the Doctrine of the Faith carries out canonical sanctions that concern its status as “faithful,” but it has no other powers of sanction. These powers, as in the case of sexual abuse, belong to the civil courts.

Msgr. Valdrini: The current Pope has shown great determination to combat sexual abuse in the Church, and thus we owe it to him to have improved the work of the Tribunal. In February 2022, he separated a doctrinal section and a disciplinary section within the Congregation for the Doctrine of the Faith. The action of the latter has been strengthened by the influx of a large number of competent canonists of various languages. It is their job to follow up on cases and prepare the dossiers that will enable the Tribunal to reach a decision.

At present, there are 20 canonists specializing in the procedural handling of reserved cases, most of which in fact involve sexual abuse. As for the Pope’s influence on the proceedings themselves, he does not intervene in the decision-making process. He does not confirm decisions, which are subject to a system of appeal when challenged by those concerned.

In the texts, it is only foreseen that the dicastery can refer to the pope, during the course of the procedure, decisions that he alone can take concerning the dismissal from the clerical state of priests due to the seriousness of the facts.

How are the judgments of the Tribunal for the Doctrine of the Faith made known? Is the tribunal’s discretion an asset or a danger?

Msgr. Valdrini: The practice of the dicastery is that, except in the case of persons under the direct jurisdiction of the pope, as in the case of Archbishop Viganò, the decision is transmitted to the superior of the person concerned.

For example, a diocesan bishop for a priest incardinated in the diocese, the superior of a congregation for a member of a religious institute, or another authority for a person with a jurisdictional link to the bishop. The decision is also transmitted to the individuals themselves, often through their lawyers.

This rule is canonically explained by the fact that a person always has the status of a faithful member of an organized community, either a particular Church, or a community with an associative character such as the Institutes of Consecrated Life. This status is that of being “rooted” in the Church. They belong to the universal Church, but through a particular community affiliation. The dicastery respects this concept, which is constitutive of relations within the Church.

As for the discretion that surrounds the handling of a case submitted to the tribunal, this is necessary to ensure that, out of respect for all concerned, there has been an objective and adversarial study of the case.

Read more:Explainer: How do you become a schismatic? What’s schism?

Read more:Archbishop Viganò found guilty of schism