Canon
Law

Canon Law is the actual law of the State of the Vatican City. Together with the juridical norms eminent in the Church through its organs, it governs the activity between the members of the Church and the ecclesiastical structures and civil society, throughout the whole world. The Roman Rota is the court of appeal for the ecclesiastic tribunal of the Vatican City and for the Vicariato of Rome for cases of marriage nullity and it is called upon to also decide the super rato procedures, where marriages have been performed, but have never been consummated.

The Roman
Rota

The Roman Rota has three functions: to defend the rights of the members of the Church, to unite the jurisprudence and to help the local tribunals.

The Roman Rota is the ordinary court for the Holy See and it is renowned above all for the nullity of marriages. Here are the 3 procedures the Roman Rota deals with:

First Instance: civil cases which involve diocesan bishops, episcopal canteens or other bodies which are directly under the Holy See and in every other case where the Pope advokes his own decision requested by the parties.

Second Instance: cases defined by the local tribunals and deferred to the Holy See by legitimate appeal.

Third instance: the cases already dealt with by the Rota in appeal or by any other ecclesiastical Tribunal of appeal.

Only Rotal lawyers, are able to practice before the Roman Rota. It is important to highlight that the Rotal lawyers are allowed practice worldwide in any ecclesiastical tribunal. Therefore, that is why lawyer Arru has often found herself working at home and abroad (the U.S.A, Lebanon, France, the Uk, Ireland, Spain and South America).

Matrimonial
Nullity

‘Man cannot separate what God has united’ (Mt 19, 6). The Church cannot dissolve the sacrament of marriage, but through tribunal cases, it can verify if a marriage is valid.

When a person who has been baptized intends to ask the Church to question the validity of their marriage, marriage nullity proceedings must be initiated. Furthermore, the support of an expert lawyer is recommended, that is a lawyer who knows the Church laws in depth and who is careful and professional in dealing with the life of the party who needs the legal aid. The court case is a tool which helps the member of

the Church who has suffered a relational pathology in the marriage, to attend the salus animarum (the saving of the souls).

For a marriage to be declared null, it is necessary to contact an Ecclesiastic Tribunal of First Instance (that is the Tribunal which is closest to the member of the church: criterium proximitatis). According to the canon laws in place today, to begin proceedings for marriage nullity it is possible to choose at least four competent tribunals and carefully assess if the necessary requirements exist.

Marriage nullity is an instrument to shed light on someone’s life having the right to be accompanied one step at a time, with skill and without any worries. It is vital to be able to have a technical defense who knows how to interpret the life of each person, in the light of legal categories. The reasons by which marriage nullity can be requested are very complex, but legally they are extremely concrete. The aim of lawyer Cristiana Arru’s assistance is to enable the emergence of the truth of each relationship and assess at best the feasibility and the possibility to give legal proof of the nullity of the marriage.

Child Abuse
Delicta graviora

Abuse can assume different forms depending on whether it is physical, psychological or sexual, however violence that has been witnessed or any forms of negligence can also be called abuse.

When a child or teenager undergoes abuse, a deep wound is formed not only in the minor, but in the family too as well as the community that they are a part of. The wound is even greater if the abuse occurs in the Church or even by priests and/or by those who have chosen a religious life: it is known as Delicta Graviora.

The Church could be the only institution to have faced the question humanly and legally. On the Holy See’s official site (www.vatican.va) the principal legislations can be found as well as a great deal of interesting material. And when abuse has to be addressed, it is by far better to be safe and call on qualified and experienced lawyers who work with great care and professionalism, who can legally identify the issue and can deal with the people involved and the proceeding authorities in the most appropriate way.

Cristiana Arru guarantees a child-centered methodology aimed at protecting the victims and their families, as well as guaranteeing a suitable defense regulated to those who have been accused of behaving inappropriately. There are numerous risks to be avoided: regarding the victim, secondary victimization where their blame is underestimated or trivialized. With regards to the accused, it is vital to avoid the case becoming a witch hunt. As for the proceeding authorities, it is necessary to take care so they do not adopt

superficial procedures, but rather promote transparent ones which allow the truth to emerge (be it as awkward as it may be). What protects everyone, is the manner used to deal and relate with those involved and to actively collaborate with the authorities. Following the procedures and guaranteeing the finding of sufficient proof by applying legal methods, allows for the legal procedures to be carried out concretely.