Canon
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 also 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.
Specific Know How From the beginning Cristiana Arru has elaborated a unique approach to her methodology which she has enriched over time. With this in mind, Pre-phase 1 (Pp1) is fundamental, conducted in a very personal fashion and customized to various goals: to create and consolidate the trust in the lawyer, to help the process of purification of memory and to avoid the risk of unpleasant surprises during the trial. The aim is to make the truth emerge in each single case, but above all to make the individual trust the Church once again and be able to hand their own life back to it. It takes passion and patience.
Child Abuse
Delicta graviora
We ourselves are drawn into this grievous fault whenever we neglect it or fail to confront it.
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.
Since each individual case of sexual abuse is appalling and irreparable, the Church is 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.
Criminal cases
involving priests
Always safeguarding the lives of the weakest persons, who have limited means of protection.
When a priest undergoes a criminal case the risks are the same. The method does not change, only the criteria of evaluation and the laws which are needed to be known.
These include method aimed at a more secure and incisive juridical protection of the Church’s greatest assets: the faith; the sanctity of the sacraments; and the lives of the weakest persons. Guaranteeing, at the same time, the accused’s right of defence.
A witch hunt must always be avoided. At the same time, it is important to watch over transparent procedures and actively collaborate with the authorities: Bishops and Holy See on the canon side, Police and Civil Authorities on the other side.
Administrative
procedures
Decrees and legal stuff could be a challenge for those who works in pastoral fields. At the same time a well organized dioceses can serve the people of God in a better and useful manner.
A quick look is also deserved by the administrative procedures aimed at organize parishes, dioceses and the interior structure of the Church.
A professional help might be needed to be sure that the Decrees and/or other decisions are legally correct.