Necompetența instanțelor civile în materie disciplinară canonică – Jurisdicție și jurisprudență.
Lack of Jurisdiction of Civil Courts in Canonical Disciplinary Matters – Jurisdiction and Case-Law.

Summary/Abstract: The relationship between Church and State is governed by a series of international treaties and laws, assumed and respected by national States by adopting legal rules in accordance with them, based on the principle of fundamental rights and freedoms. In this context, the relationship of collaboration and cooperation between the two jurisdictions, civil and religious, is the subject of extensive research, with a view to better understanding and determining the limits of this relationship, the points of convergence and divergence between them, as well as common aspects of doctrine and judicial practice. The present comparative law study aims, on the basis of national and Community legislation and case law, to analyse the competence and jurisdictional limits of the state and ecclesiastical judiciary. We will take into account the specificities of both legal systems, with regard to the composition of the courts, their competences, identifying procedural forms of intersection of the two jurisdictions (conflicts of jurisdiction), in order to finally propose legislative and complementary solutions that regulate and guarantee the intrinsic collaboration between secular and religious courts, through a knowledge, acceptance and efficient application of the current legal institutions and rules.

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