Affectio papalis
Under affectio papalis (or affectio papae of lat. Affectio = action) means that the Pope right conferred, in addition to accusing him of right anyway matters reserved for its decision at its discretion further violence.
The right arises from the pope's primacy of jurisdiction , which is understood universally and directly in the Roman Catholic Church (cf. can. 331 CIC ). The Pope can therefore, by virtue of his office, reserve certain cases for himself or an authority determined by him, which would otherwise fall to the local episcopal or some other authority (e.g. a religious superior) (Second Vatican Council: Decree Christ Dominus No. 8a). The exercise of the right excludes the competence of those actually entitled.
However, so that the church constitution is not undermined, this power of attorney is understood as a subsidiary right and is thus limited to cases of a necessary exercise of the special duty of supervision or of an overriding interest. Today the affectio papalis is particularly important in administrative and procedural law (cann. 1405 § 1 No. 4, 1417 CIC).
From the affectio papalis arises the right of every believer to turn directly to the Pope as a corresponding right.
literature
- J. Haring: The affectio papalis. In: Archives for Catholic Church Law . 109. 1929, pp. 127-177
Individual evidence
- ↑ a b Georg Gänswein , article Affectio papalis in: Lexicon for Church and State Church Law, Schöningh 2003