Nr. 1/2023GIOVANNI TURCO Common good, law, political prudence. Intellectual premises for civil life in the Second Scholasticism
Nr. 1/2023LUIGI SABBARESE Listening, Protecting, Safeguarding and Caring: Good practices from the experience of the Church in Italy
The following decision of the Court of Appeal of Catania offers the opportunity to analyze the dynamics of the reception of the Cassation’s interpretation about public order impeding the enforcement of ecclesiastical decisions of matrimonial nullity. The case submitted to the scrutiny of the Italian judge concerned a declaration of nullity due to the unilateral exclusion of “bonum sacramenti”. What emerges is the dialectic between the declared compliance with the teachings of the Court of Cassation and their critical reworking, so much so that, following the re-evaluation of the probative material offered by the parties, the Court of Catania came to recognize the enforceability of the provision of the ecclesiastical tribunal, on the basis of considerations pertaining to the specificity of the canonical order, the prohibition of re-examination on the merits and the distinction between statal and ecclesiastical order. I hypothesize that the conflicts that developed following the frequent overruling of the Supreme Court are, in practice, resolved by the judges of merit, who demonstrate a certain preference for the original criterion of the “greater availability” for the canonical order.
Enforcement, ecclesiastical declaration of nullity, mental reservation, inquiry, public order