University of Malta

Study-Unit Description
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TITLE Special Processes

LEVEL 05 - Postgraduate Modular Diploma or Degree Course


DEPARTMENT Pastoral Theology, Liturgy and Canon Law

DESCRIPTION This study-unit concentrates on the various types of processes, both contentious and administrative. It considers cases for the separation of spouses, as well as processes for dispensation in favour of the faith, in the case of a ratified and non-consummated marriage, and in the case of presumed death of a spouse. In connection with this, this study unit dedicates particular attention to the Agreement between the Holy See and the Republic of Malta regarding the civil effects of canonical marriages and the decisions given by Church Tribunals. Finally, attention will also be given to the nature and purpose of the penal process.

Study-unit Aims:

The aim of this study-unit is to introduce the student to the various types of trials in the Church related to the nullity and dissolution of marriage as well as to penal process.

-- It also presents a commentary to the Marriage Act in relation to the recognition of Decisions by Ecclesiastical Tribunal for Civil Effects.

-- The study-unit also explains the relative canons on Offences and Penalties before treating another type of process, namely the Penal Process.

Learning Outcomes:

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

-- have a theoretical and practical understanding of the various judicial and administrative processes;

-- appraise in practice one's role in any of the different processes.

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

-- apply the acquired knowledge to the service of maintaining order;

-- distinguish between the various types of processes and offer the appropriate assistance;

-- carry out in an efficient and competent way one’s role in a particular process;

-- safeguard rights.

Main Text/s and any supplementary readings:

-- The 1983 Code of Canon Law

Pontifical Council for Legislative Texts, Dignitas Connubii. Instruction to be observed by Diocesan and Interdiocesan Tribunals in Handling Causes of the Nullity of Marriage, Libreria Editrice Vaticana, 25 January 2005.

Malta Marriage Act

-- Various Commentaries to the Code of Canon Law

-- AA.VV., Il processo matrimoniale canonico. Nuova edizione aggiornata e ampliata, (a cura di P.A.Bonnet e C. Gullo), Studi Giuridici XXIX, LEV 1994.

--AA.VV., L’Istruzione Dignitas connubii nella dinamica delle cause matrimoniali, (a cura di J.I. Arieta), Maricanum Press, Venezia 2006.

-- LÜDICKE K. – JENKINS R.E., Dignitas Connubii. Norms and commentary, CLSA, 2006.

-- DUGAN P.M. – NAVARRO L., Studies on the Instruction Dignitas connubii. Proceedings of the Study Day held at the Pontifical University of the Holy Cross, Rome, January 19, 2006, Wilson & Lafleur 2006.

--William H. Woestman OMI, Ecclesiastical Sanctions and the Penal process. A commentary on the Code of Canon law, 2ed., Saint Paul Unviersity, Ottawa, 2003.

-- AA.VV, Il processo penale canonico, (a cura di Suchecki Z.), Lateran Univeristy Press, 2003.

-- AA.VV., The Penal process and the protection of rights in Canon law, Proceedings of a conference held at the Pontifical University of the Holy Cross, Rome, March 25-26, 2004, (a cura di P. Dugan, Wilson & Lafleur 2005.

-- PAPALE C., Il processo penale canonico, Commento al Codice di Diritto Canonico Libro VII, Parte IV, Urbaniana University Press, 2007.

--Wojciech Kowal OMI - William H. Woestman OMI, Special maraige Cases and Procedures, 4th edit., St paul Univeristy, Ottawa, 2008.

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

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


Assessment Component/s Resit Availability Weighting
Assignment Yes 50%
Research Paper 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.

Augustinian Institute Academic Year 2017-18

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