University of Malta

Study-Unit Description
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TITLE Judicial Procedures

LEVEL 05 - Postgraduate Modular Diploma or Degree Course


DEPARTMENT Pastoral Theology, Liturgy and Canon Law

DESCRIPTION This study-unit concentrates on the judicial activity in the Church. It starts with a presentation of the theological aspects of such activity, before passing on to treat the necessity, nature and role of canonical trials, as well as the different grades and kinds of Church Tribunals. This is then followed by a detailed presentation of the iter of the contentious trial, giving particular attention to all the persons involved as well as their respective roles and the discipline to be observed in the various stages. The unit concludes with a comparative study of procedural law in both the Latin and the Eastern Code of Canon Law.

Study-unit Aims:

-- To help students to understand the true nature of the judicial activity of the Church

-- To present the various kinds of trials and the respective activity of the different grades and various kinds of Church tribunals

-- To introduce students to the dynamics of the contentious process in the Church

-- Have a basic understanding of he procedural activity in the Oriental Catholic churches

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

-- get acquainted with the theological and pastoral perspectives of judicial activity in the church

-- be the better able to appreciate the true nature and role of trials in society and in the Church and

-- to understand better the Church's procedural praxis

2. Skills (including transferable [generic] skills):
By the end of the study-unit the student will be able to:

-- interpret and implement the dynamics of the canonical contentious and penal (criminal) processes

-- to differentiate between the various stages and know what is legally required and expected at every stage of the trial

Main Text/s and any supplementary readings:

-- The 1983 Code of Canon Law

-- Various Commentaries to the Code of Canon Law

-- Manuel J.Arroba Conde cmf, Diritto Processuale Canonico, Ediurcla, Roma 1996

-- JOAQUIN LOBELL, La tutela giudiziale dei diritti nella Chiesa. Il processo può essere cristiano? in AA.VV., ( a cura di James J.Conn, Luigi Sabarese), IUSTITIA IN CARITATE. MISCELLANEA DI STUDI IN ONORE DI VELASIO DE PAOLIS, Urbaniana University Press, 2005

-- ANTONIO IACCARINO, La carita quale via alla verita nel diritto processuale canonico, in Jesus Miñambres, (a cura di), Diritto canonico e servizio della carita’, Giuffre editore, 2008, pp.457-470

-- M.F. Pompedda, Studi di diritto processuale canonico, Giuffrè Editore, 1995

ADDITIONAL NOTES Pre-requisite qualifications
First Degree in Theol., Law, Psych., or Social Work

Pre-Requisite Study-units
Matrimonial Law; Matrimonial Consent, Jurisprudence


Assessment Component/s Resit Availability Weighting
Assignment Yes 50%
Assignment Yes 50%

LECTURER/S Joseph Bajada
Brendan Gatt
Kevin Schembri

The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints.
Units not attracting a sufficient number of registrations may be withdrawn without notice.
It should be noted that all the information in the study-unit description above applies to the academic year 2017/8, if study-unit is available during this academic year, and may be subject to change in subsequent years.

Closing Date Dissertation Proposals
Deadline to present dissertation proposals for next Faculty Board is Wednesday 29th November 2017 at 1700hrs

Augustinian Institute Academic Year 2017-18

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Dissertation Logbook
The Dissertation Logbook can be found here.


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