Attempts at Conciliation in Certain Administrative Appeals at the Apostolic Signature

Abstract

Cases in which contentious administrative recourses end with a formalized “peaceful resolution” between the recurrent and the resistant party, which needs the acceptance of the Congresso of the Apostolic Signatura, are very rare (cf. art. 78, § 2 Lex propria). Cases of an implicit renunciation of the recourse are less rare, for example with the failure to pay the deposit within the peremptory deadline (cf. art. 78, § 1 Lex propria). If the recurrent renounces the recourse following the citation of the curial institution that issued the contested administrative act, the Apostolic Signatura will first ask the resistant party, if it has any objection to the renunciation, giving a deadline for the response (cf. can. 1524, § 3). If not, the Secretary issues the acceptance decree, referred to in the art. 78, § 3 of the Lex propria. The curial institution can also revoke its own decree which is the object of the contentious administrative recourse without needing the consent of the recurrent or the Apostolic Signatura. The lower authority, however, cannot revoke its own administrative act without the curial institution revoking the decree with which it confirmed or amended it (cf. can. 1739). Subsequently, the Secretary of the Apostolic Signatura issues a decree declaring the controversy closed.