Singular Decree is an administrative act by which competent executive authority makes a decision or canonical provision for a particular case without the decree's issuance depending on a request.
Decision for a particular case
Canon 48 distinguishes a Singular Decree by its decision or provision concerning a particular case. Unlike a Rescript, its issuance does not by nature presuppose someone's request. It may appoint, remove, erect, suppress, decide an administrative controversy, impose a measure, or provide for governance within the issuer's lawful competence.
The decree is not a General Decree and does not legislate for a community capable of receiving law. A decision can affect many persons indirectly while remaining singular because it addresses one juridical case, office, entity, or concrete disposition. Substance controls over the casual use of decree in a title.[1]
Singular decree and singular precept
A Singular Precept is a decree that directly and legitimately enjoins a determined person or persons to do or omit something, especially to urge observance of law. Every precept belongs to the decree family, but not every Singular Decree is a precept. The distinction matters for duration and personal obligation.
Preparation, reasons, and notification
Before issuing a decree, authority should seek necessary information and proofs and, insofar as possible, hear those whose rights may be harmed. A written decree should state reasons at least summarily when it concerns a decision. These norms support just administration and meaningful recourse rather than treating reasons as optional courtesy.
To be enforced, the decree must be made known by a legitimate document. If delivery of a written text is gravely impeded, Canon Law provides exceptional methods of communication in the presence of witnesses, with a record. Refusal to receive or hear a properly summoned communication does not always prevent it from being considered notified.
Administrative silence
When law requires a decree or a petition is legitimately proposed, Administrative Silence can produce a presumed negative response for purposes of further recourse after the canonical period. The presumption does not excuse the authority from issuing the decree or repairing damage. Silence therefore enables a remedy but is not a reasoned decree.
Cessation and challenge
A Singular Decree ceases by legitimate revocation and by cessation of the law for whose execution it was given. Hierarchical Recourse can seek revocation or amendment according to strict time limits. Suspension is not automatic in every case, so the applicable canons and any special law must be checked.[2][3]
The decree's Authority Level is ordinarily disciplinary. Doctrinal premises retain their own weight, while factual findings must be supported by evidence. An article should distinguish the decree, its stated reasons, the allegations in the proceeding, and any later decision on recourse.
References
- 1.Praedicate Evangelium, articles 29–31 — Binding norms for documents of the Roman Curia, papal approval, special faculties, general decrees, derogations from universal law, and approval in forma specifica
- 2.Code of Canon Law, canons 35–93 — Binding Latin law on singular administrative acts, singular decrees and precepts, rescripts, privileges, dispensations, competence, interpretation, execution, notification, and cessation
- 3.Code of Canon Law, canons 7–22 — Binding Latin law on promulgation, vacatio legis, authentic interpretation, strict interpretation, legal gaps, and the relation of later laws to earlier laws