Supreme Tribunal of the Apostolic Signatura, Prot. n. 51677/16 CA, Restrictionis exercitii ministerii sacerdotalis (Rev.dus X – Congregatio pro Clericis), 28 februarii 2020 (sententia definitiva) e Prot. n. 55648/21 CA, Prohibitionis exercitii minist

with the comment by William L. Daniel, The Faulty Execution of a Definitive Sentence: Declaring the Illegitimacy of a De facto Penal Decree

Abstract

The Supreme Tribunal of the Apostolic Signatura issued two definitive sentences in a case in which a priest was accused of inappropriate behavior and several de facto penalties were imposed on him. The first sentence declared the illegitimacy of the Congregation for the Clergy’s decree confirming the prohibitions. The faulty execution of this sentence, resulting in the repeated imposition of most of the same prohibitions, gave an occasion for the second sentence. In effect, priestly ministry was severely restricted based upon the credibility of the allegation alone, which did not amount to a canonical delict or secular crime and the factual incidence of which was not certainly established. The prohibitions imposed the second time would cease while recourse was pending, but the enduring question of the damages caused demanded a second sentence of the Supreme Tribunal.