Administrative Recourse

The Latin Code's general procedure applies to singular administrative acts issued in the external forum outside a trial, except acts issued by the Roman Pontiff or an ecumenical council. Recourse is made for any just reason to the hierarchical superior of the authority that issued the act. Under that Code, the superior can examine legality and merits and may confirm, declare null, rescind, revoke, amend, replace, or abrogate the act.

Recourse is not the appeal of a judicial sentence and must not be treated as a refusal of ecclesiastical authority. It is a lawful means of asking that authority to correct an act while preserving communion, competent governance, and the rights of the faithful. The Code urges the parties to seek an equitable solution where possible.

Eastern canons 996–1006 establish a parallel but not identical procedure. Notably, the Eastern superior cannot amend the decree unless the particular law of the Church sui iuris grants that power, and the Eastern Code expressly regulates the period for the superior's decision. Practitioners must use the code governing the person and act rather than merge the two procedures.^[1]

Ordinarily, the aggrieved person must first ask the act's author in writing for revocation or amendment within ten useful days from legitimate notification. Canon 1734 specifies exceptions. If a new decree is issued or the petition is rejected within thirty days, the next period runs from notification; if the author is silent, it runs from the thirtieth day. Hierarchical recourse must then be proposed within the peremptory period of fifteen useful days calculated according to canon 1737.

The preliminary petition is also deemed to request suspension, but it does not automatically suspend execution except where law gives recourse suspensive effect. In other cases suspension requires a decision for grave reasons, with care that the salvation of souls suffer no harm. The person making recourse always has the right to use an advocate or procurator, without useless delay.^[2]

When a Roman Curia institution has issued or approved the challenged singular act, the 2024 proper law gives the Apostolic Signatura competence to judge an alleged violation of law in the decision or procedure. Such contentious-administrative recourse must ordinarily be lodged within sixty useful days from notification. This judicial review of legality is distinct from the preceding hierarchical review on the merits.^[3]