"Following in the same path, and taking into account the particular ecclesial   
   and disciplinary order of the Eastern Churches, I have decided to issue in a   
   separate Motu proprio the norms for the reform of the discipline of marriage   
   processes in the Code of Canons of the Eastern Churches".   
    The Pope goes on to emphasise the importance of the ministry of the bishop,   
   with according to the teachings of the Eastern Fathers, is "judge and   
   physician,   
   since man, wounded and fallen, owing to original sin and his personal sins,   
   sickens and with the medicine of penitence obtains healing and forgiveness from   
   God, and is reconciled with the Church. Indeed, the bishop, constituted by the   
   Holy Spirit as the figure of Christ and in the place of Christ, is first and   
   foremost the minister of divine mercy".   
    The Bishop of Rome emphasises that appeal to the Metropolitan See is "a   
   hallmark of the fundamental synodality in the Eastern Churches, which should be   
   supported and encouraged", and addresses to the Synods of the Eastern Churches   
   the recommendations which in the Motu proprio "Mitis Iudex Dominus Iesus" are   
   addressed to the Episcopal Conferences.   
    Finally, he decrees and establishes that in Title 26 of the Code of Canons of   
   the Eastern Churches (Chapter 1, article 1). Cases for the declaration of the   
   nullity of marriage, canons 1357-1377) is entirely substituted by the new   
   norms,   
   with effect from 8 December 2015.   
      
   ___________________________________________________________   
      
    Presentation of the Holy Father's Motu proprio on the reform of procedures for   
   the declaration of marriage nullity   
    Vatican City, 8 September 2015 (VIS) - This morning in the Holy Press Office a   
   press conference was held for the presentation of the two letters issued "Motu   
   proprio" by the Holy Father Francis, "Mitis Iudex Dominus Iesus" and "Mitis et   
   misericors Iesus" on the reform of canonical processes for the declaration of   
   nullity of marriage in the Code of Canon Law (CIC) and the Code of Canons of   
   the   
   Oriental Churches (CCEO) respectively.   
    The speakers at the conference were Msgr. Vito Pinto, dean of the Roman Rota   
   and president of the Special Commission for the Reform of Matrimonial Processes   
   in Canon Law; Cardinal Francesco Coccopalmerio, president of the Pontifical   
   Council for Legislative Texts and member of the Special Commission; Bishop   
   Dimitrios Salachas, apostolic exarch of Athens for Greek Catholics of Byzantine   
   Rite and member of the Special Commission; Archbishop Luis Francisco Ladaria   
   Ferrer, S.J., secretary of the Congregation for the Doctrine of the Faith and   
   member of the Special Commission; Msgr. Alejandro W. Bunge, prelate auditor of   
   the Roman Rota and secretary of the Special Commission; and Fr. Nikolaus   
   Schoch,   
   O.F.M., substitute promoter of Justice at the Supreme Tribunal of the Apostolic   
   Signatura and secretary of the Special Commission.   
    Cardinal Coccopalmerio specified that the reform regards the canonical process   
   for the declaration of nullity of marriage. "It is a process that leads to the   
   declaration of nullity, or in other words, which leads first to establish   
   whether a marriage may be declared null and, if so, to declare its nullity. It   
   is not, therefore, a process that leads to the annulment of the marriage.   
   Nullity is distinct from annulment, and declaring the nullity of a marriage is   
   entirely different to decreeing its annulment.   
    Archbishop Luis Francisco Ladaria Ferrer, S.J., recalled the necessary   
   requisites according to canon law for the validation of a marriage between   
   Catholics which, aside from the absence of diriment impediments and the   
   observance of canonical form, including the free consent of the spouses.   
    "According to the teaching of the Church", he said, "marriage is one, only a   
   man and a woman may unite in marriage, and it is impossible to undertake a new   
   matrimonial union during the life of the spouse. Marriage is indissoluble, as   
   Jesus taught, and we have many examples of this teaching in the Gospel. The   
   Letter to the Ephesians explains to us that sacramental marriage cannot be   
   broken as it is the image and expression of Christ's love for His Church. ...   
   Marriage must be open to the transmission of life".   
    "In our traditional civilisation, it was possible to suppose that these   
   teachings of the Church were known and shared. In recent times there has   
   emerged   
   the doubt, that would seem not without basis, as to whether all those who marry   
   in the Church are sufficiently aware of these teachings and, therefore, as to   
   whether their consent truly refers to them. If it is not the case, their   
   marriage would be null; that is, it would not exist in fact. And precisely   
   because there are these doubts, many would like to be able to offer a rapid but   
   reliable means for resolving the problem and contributing to pacifying the   
   conscience of many Catholics".   
    The key points of the reform were explained by the prelate auditor of the   
   Roman   
   Rota, Msgr. Bunge: "1) the central role of the diocesan bishop, to be applied   
   in   
   the spirit of collegiality.   
    As well as the regional, interdiocesan and synodal tribunals, according to the   
   various methods of the Church and taking into account the good of the faithful   
   and the appropriateness of accessibility of pastoral remedies for wounded   
   faithful, the diocesan bishops are enabled to have their own diocesan   
   tribunals,   
   and if necessary, also to decide that in this tribunal, if it impossible to   
   have   
   a collegial tribunal (always chaired by a member of the clergy), there may be a   
   single judge (again clerical).   
    2) Short procedure (avoiding the terms 'summary' or 'administrative') for   
   clear   
   cases of nullity of marriage, to render it more accessible to the 'masses'. In   
   these cases the judge would be the bishop, assisted in ascertaining the facts   
   by   
   two assessors, with whom he will discuss in advance the moral certainty of the   
   facts adopted in deciding on the nullity of the marriage. If the bishop is   
   convinced of the moral certainty, he will pronounce the decision; otherwise the   
   case will be referred to the ordinary process.   
    It may be objected that a bishop would be unable to decide a high number of   
   cases, to which there is a dual response: in a region there would be not only   
   the regional and interdiocesan tribunals, but also the bishop in each diocese   
   for cases that are obviously clear; secondly, the bishop would be assisted by   
   the staff of his tribunal. Ongoing formation would ensure that each bishop,   
   with   
   his tribunal for these cases of marriage nullity, would discover the ministry   
   appropriate to him, entrusted to him in his holy ordination, as the judge of   
   his   
   faithful.   
    3) Appeal would be rare, as there would exist agreement between the parties   
   and   
   there would be evident facts regarding nullity; in the presence of elements   
   that   
   would lead the appeal to be considered merely dilatory or instrumental, it   
   would   
   be rejected a limine.   
    4) Ordinary process:   
    - Fast (a maximum of one year)   
    - Abolition of the double conforming decision (that is, the need according to   
   canon law in the procedures for the declaration of nullity of marriage to have   
   two conforming decisions to enable the spouses to be free to contract a new   
   marriage. This implies that two tribunals of distinct grade declare the nullity   
   of the marriage for the same reasons in fact and in law, Ed.).   
    - The affirmative non-appellate judgement ipso facto becomes executive.   
    - If an appeal is sought following an affirmative judgement this can be   
   rejected a limine due to an evident lack of supporting arguments.   
    This may occur in the case of instrumental appeal, intended to harm the other   
   party; often the non-Catholic appellant has already undertaken a civil   
   remarriage.   
    There emerges in the reform the situation which is by now the reason why the   
   majority of Catholics seek the declaration of nullity of marriage: 'consulere   
   conscientiae', that is, aside from the civil law aspects, for reasons of   
   conscience (to partake in the sacraments of the Church and to perfect a new   
   bond   
   which, unlike the first, is stable and happy).   
    5. The speed of the procedure favours the limitation of appeals to the Holy   
   See   
   and therefore to the Roman Rota, or appeals to the Apostolic Signatura to newly   
   present a case previously rejected by the Rota.   
    In conclusion; the glory of God s living man, and may I add, man saved by the   
   diligent ministry of the justice and mercy of the Church".   
      
   ___________________________________________________________   
      
    Other Pontifical Acts   
    Vatican City, 8 September 2015 (VIS) - The Holy Father has appointed Bishop   
   Raymond Poisson, auxiliary of Saint-Jerome, Canada, as bishop of Joliette (area   
   8,800, population 281,000, Catholics 256,000, priests 113, permanent deacons 7,   
   religious 230), Canada.   
      
   ___________________________________________________________   
      
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