TRIBUNALE APOSTOLICO DELLA ROTA ROMANA – Nullitatis Matrimonii; Praeiud.: Querelae nullitatis – Decretum Turni – 26 novembre 2024 – Erlebach, Ponente

comment by Paweł Labuda, The Notifications of Judicial Decisions and the Concept of the Right of Defence

Abstract

One of the cornerstones of canonical litigation is the principle of adversarial proceedings. This principle is reflected in subsequent provisions where the judge grants the parties individual procedural rights corresponding to their right of defence. The adversarial principle can be understood as the public dimension of the right to defence or as the judge's duty to grant the parties to the proceedings the individual rights to which they are entitled. The right to defence exists in a private or subjective dimension from the party's perspective, who is the holder of the individual rights that allow them to exercise their right to defence or, if necessary, waive it.

The public dimension of the right to defence implies, among other things, the obligation to correctly serve judicial documents. Therefore, the judge must respond appropriately to any irregularities relating to the service of documents, ensuring that the rights of the litigants are upheld and that the need for speed does not take precedence over these rights.

The 'fumus nullitatis' of a declaratory judgement of marriage nullity does not permit the issuance of an enforcement order; rather, it requires the institution of a nullity action.