The entitlements of a judicial vicar in processus brevior coram Episcopo according to motu proprio Mitis Iudex Dominus Iesus

Marta Greszata-Telusiewicz

Abstract

Mitis Iudex Dominus Iesus, which can be translated as “The Lord Jesus, the Gentle Judge”, is the title of a motu propio published by Pope Francis. It amends the canonical marriage nullity proceedings and introduces the institution of the so-called Briefer Process or the Bishop’s Process, which can be conducted in cases when both parties unanimously consent to it and when the case for the nullity of the marriage has evident grounds and does not raise any doubts. As the name suggests, the hearing and decision on such cases lie with the diocesan bishop. In this context we shall consider the entitlements of a judicial vicar. He and a diocesan bishop constitute one tribunal, which is, however, not entitled to decide cases which are reserved for the bishop as a judge as in the case of the briefer matrimonial process before the bishop. However, certain additional procedural obligations are imposed on him which result from the valid Code’s procedural rules, and at the same time are in keeping with the spirit of the principles of canonical equity which stem from the spirit of the Gospel.