Realisation of the principle of the rights of defence by the advocate in the context of the canonical matrimonial process effectuated by Pope Francis

Abstract

The Post-Synodal exhortation Amoris laetitia of Pope Francis indicates a difficult situation of divorced and those who live in a new relationship. The pastoral guidelines Polish Episcopate Conference, which concern the document mentioned above, encourage such couples to discern their situation through canonical process. Reality shows that parties in litigation do not have a proper canonical knowledge to verify their opportunities to establish validity of marriage or marriage annulment. The claimant do not have to do that alone but it is possible to benefit an ecclesiastical advocate. The Catholic Church not only allows to have recourse to lawyers, but it also encourages to benefit their help. The reform process of Pope Francis emphasizes the ecclesiastical advocates’ high level of education documented with a diploma or a specific academic degree. The new matrimonial process, contained in Mitis Iudex Dominus Iesus, maintains the validity of advocates authorisations resulting from KPK and Dignitas connubii in ‘ordinary process’ whereas in ‘bishops process’ it requires high substantive competency of all ecclesiastical court staff, insisting on a particular role of ecclesiastical advocate and dynamismym of his ministry. The ministry of ecclesiastical advocate is still evolving and dynamising like a matrimonial process itself which participants need adequate and substantive help, support or rights of defence.