[Note: the Apostolic Tribunal of the Roman Rota is the is the highest appellate tribunal of the Catholic Church - including regarding annulments.]
In the name of the Father, and of the Son, and of the Holy Spirit.
Peace be with you.
Your Excellency,
Dear Prelate Auditors of the Apostolic Tribunal of the Roman Rota,
I thank His Excellency the Dean for his words, which express the union of all of you with the Successor of Peter. And my grateful thoughts extend also to all the Church tribunals present in the world. The minister of judge, which I have had the opportunity to exercise, enables me to understand your experience better, and to appreciate the ecclesial significance of your task.
Today I would like to return to a fundamental theme that has been dominant in the speeches addressed to the Tribunal of the Roman Rota, from Pius XII up to Pope Francis. It is the relationship of your activity with the truth that is inherent in justice. On this occasion, I intend to offer you some reflections on the close connection between the truth of justice and the virtue of charity. These are not two opposing principles, nor are they values to be balanced according to purely pragmatic criteria, but two intrinsically united dimensions that find their deepest harmony in the very mystery of God, who is Love and Truth.
This correlation requires constant and careful critical exegesis, since, in the exercise of judicial activity, a dialectical tension often arises between the demands of objective truth and the concerns of charity. Sometimes there is a risk that excessive identification with the oft troubled vicissitudes of the faithful may lead to a dangerous relativization of truth. In fact, misunderstood compassion, even if apparently motivated by pastoral zeal, risks obscuring the necessary dimension of ascertaining the truth proper to the judicial office. This can happen not only in cases of matrimonial nullity – where it could lead to pastoral decisions lacking a solid objective foundation – but also in any type of proceeding, undermining its rigour and fairness.
On the other hand, there can at times be a cold and detached affirmation of the truth that does not take into account all that love for people requires, omitting those concerns dictated by respect and mercy, which must be present in all stages of a proceeding.
In considering the relationship between truth and charity, a clear orientation is given by the teaching of the apostle Paul, who exhorts us: “Speaking the truth in love, we are to grow up in every way into him who is the head, into Christ” (Eph 4:15). Veritatem facientes in caritate: it is not merely a question of settling for a speculative truth, but of “rendering the truth”, that is, a truth that must enlighten every action. And this must be done “in charity”, which is the great driving force that leads to true justice being done. With another biblical phrase, this time from Saint John, you are called to be “fellow workers in the truth” (3 Jn 8). Benedict XVI, who chose these words as his episcopal motto, highlighted in his Encyclical Caritas in veritate the “need to link charity with truth not only in the sequence, pointed out by Saint Paul, of veritas in caritate (Eph 4:15), but also in the inverse and complementary sequence of caritas in veritate. Truth needs to be sought, found and expressed within the ‘economy’ of charity, but charity in its turn needs to be understood, confirmed and practised in the light of truth” (no. 2).
May your work, therefore, always be motivated by that true love for neighbour that seeks above all else his eternal salvation in Christ and in the Church, which entails adherence to the truth of the Gospel. We thus find the perspective in which all ecclesial juridical activity must be placed: the salus animarum as the supreme law in the Church. [1] In this way, your service to the truth of justice is a loving contribution to the salvation of souls.
All aspects of canonical proceedings can be framed within the context of truth in charity. First of all, the actions of the various protagonists in the process must be entirely marked by a genuine desire to contribute to shedding light on the just sentence to be reached, with rigorous intellectual honesty, technical competence and an upright conscience. The constant striving of all towards the truth is what makes the overall activity of the tribunals deeply harmonious, following that institutional conception of the process, masterfully described by Venerable Pius XII in his Address to the Rota in 1944. [2] The aim that unites all those involved in trials, each in fidelity to their own role, is the search for truth, which is not reduced to professional fulfilment, but is to be understood as a direct expression of moral responsibility. This is motivated primarily by charity, but it goes beyond the demands of justice alone, serving as far as possible the integral good of persons, without distorting one’s function but exercising it with a full sense of ecclesiality.
Service to the truth in charity must shine out in all the work of the ecclesial tribunals. This must be appreciated by the whole ecclesial community and especially by the faithful involved: those who seek a judgement on their marriage, those accused of committing a canonical crime, those who consider themselves victims of grave injustice, and those who claim a right. Canonical processes must inspire the trust that comes from professional seriousness, intense and thoughtful work, and a convinced dedication to what can and must be perceived as a true professional vocation. The faithful and the entire ecclesial community have a right to the proper and timely exercise of procedural functions, because it is a journey that affects consciences and lives.
In this light, the truth, and therefore the good and beauty, of all offices and services related to trials must be emphasized. Veritatem facientes in caritate: all justice operators must act according to a code of ethics, which must be studied and practised with care in the canonical sphere, ensuring that it truly becomes exemplary. In this sense, a style inspired by professional ethics must also permeate the work of lawyers when they assist the faithful in defending their rights, protecting the interests of the parties without ever going beyond what is considered right and in accordance with the law in conscience. Promoters of justice and defenders of the bond are cornerstones in the administration of justice, called by their mission to protect the public good. A purely bureaucratic approach in such an important role would clearly prejudice the search for truth.
Judges, called to the grave responsibility of determining what is right, what is true, cannot fail to remember that “justice goes hand in hand with peace and is permanently and actively linked to peace. Justice and peace seek the good of one and all, and for this reason they demand order and truth. When one is threatened, both falter; when justice is offended, peace is also placed in jeopardy”. [3] Viewed from this perspective, the judge becomes a peacemaker who contributes to consolidating the unity of the Church in Christ.
The proceeding is not of itself a tension between competing interests, as it is at times misunderstood to be, but rather the indispensable tool for discerning the truth and the justice in the case. The adversarial process in the trial, therefore, is a dialogical method for ascertaining the truth. The concrete nature of the case, in fact, always requires that the facts be ascertained and the reasons and evidence in favour of the various positions be compared, on the basis of the presumptions of the validity of the marriage and the innocence of the defendant, until proven otherwise. Legal experience testifies to the essential role of adversarial proceedings and the decisive importance of the preliminary investigation phase. The judge, maintaining independence and impartiality, must settle the dispute according to the elements and arguments that emerge during the trial. Failure to observe these basic principles of justice – and favouring unjustified disparity in the treatment of similar situations – is a significant violation of the legal profile of ecclesial communion.
These considerations could be applied to every phase of the proceeding, and to every type of legal case. For example, in the shorter process of marriage annulment before the diocesan bishop, the prima facie nature of the ground for annulment that makes it possible must be judged very carefully, without forgetting that it must be the process itself, duly implemented, that confirms the existence of the annulment or determines the need to resort to the ordinary process. It is therefore essential to continue to study and apply canon law on marriage with scientific rigour and fidelity to the Magisterium. This science is indispensable for resolving cases according to the criteria established by the law and jurisprudence of the Roman Rota, which, in most cases, do none other than declare the requirements of natural law.
Dear friends, your mission is lofty and demanding. You are called to guard the truth with rigour but without rigidity, and to exercise charity without omission. In this balance, which is in reality a deep unity, one must manifest true Christian juridical wisdom. I would like to conclude these reflections by entrusting your work to the intercession of Our Lady Speculum iustitiae, the perfect model of truth in charity. Thank you!
Let us pray together: Pater Noster…
Many good wishes, and all the best in your work!
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