Hierarchical Recourse

Hierarchical Recourse

Ordinary object	A singular administrative decree
Prior petition	Normally within ten useful days
Recourse	Normally within fifteen useful days

Hierarchical Recourse is the administrative remedy by which an aggrieved person asks the competent hierarchical superior to revoke or amend a singular decree.

Object and purpose

Hierarchical recourse is not an appeal from a judicial sentence. It is review within the Church's executive hierarchy of a singular administrative decree alleged to violate law or injure a legitimate interest. The competent superior can examine legality, fact, procedure, proportionality, and the prudent merits of the administrative act.

The remedy expresses both accountable authority and the faithful's right to defend their rights in the competent ecclesiastical forum. Canon 1733 strongly desires that controversy be avoided or resolved equitably through dialogue, mediation, or a suitable diocesan office whenever the nature of the matter permits, without losing required time limits.

The ordinary sequence

Before taking recourse, the person must ordinarily ask the decree's author in writing for revocation or correction within ten useful days from legitimate notification. Certain decrees are excepted. If the author issues a new decision, the time for recourse runs from its notification; if no answer is given within the statutory period, the law supplies the point from which recourse proceeds.

Recourse is then proposed to the competent hierarchical superior within the peremptory period of fifteen useful days, subject to the Code's detailed rules. It can be transmitted through the author of the decree, who must forward it. Because identifying the superior and calculating useful time can be difficult, prompt canonical advice is important.

Suspensive effect

Recourse does not generally suspend execution. In cases named by law suspension follows automatically; otherwise the author or hierarchical superior may suspend for grave cause while ensuring that the salvation of souls suffers no harm. A request for suspension and the merits of the recourse are related but distinct decisions.

Right to an advocate

The person taking recourse has the right to use an advocate or procurator, avoiding useless delay. The superior is to appoint an advocate ex officio when necessary, and must always hear the person whose rights could be injured. Administrative review is not a license for one-sided secret adjudication.

Decision and further review

The hierarchical superior can confirm the decree, declare it invalid, rescind or revoke it, amend it, substitute another decision, or remit the matter to the author as law permits. A reasoned decree should make the factual and legal basis intelligible to those affected.

After the competent dicastery of the Holy See decides an administrative recourse, a controversy about whether the act violated law can in qualifying cases be brought to the Supreme Tribunal of the Apostolic Signatura. That judicial review has its own object and procedure and should not be conflated with the earlier merits review by the hierarchical superior.