The Need to Establish the Permanent Mediation Organs in Polish Particular Law Cover Image

Potrzeba erygowania stałych organów mediacyjnych w polskim prawie partykularnym
The Need to Establish the Permanent Mediation Organs in Polish Particular Law

Author(s): Agnieszka Romanko
Subject(s): Law, Constitution, Jurisprudence, Canon Law / Church Law
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: bishop’s conference; diocesan bishop; mediation competences; 1983 Code of Canon Law

Summary/Abstract: The legislator in the 1983 Code of Canon Law states that the conference of bishops or the diocesan bishop can establish a council or office with mediation competences (can. 1733 § 2). The mediation organ is especially to be of assistance when the revocation of a decree has been requested according to can. 1734. Furthermore, if recourse has been proposed against a decree, however, the superior who deals with the recourse is to urge the person making recourse and the author of the decree to seek a solution of this kind whenever he sees hope of a favorable outcome (can. 1733 § 3). Due to the fact that the Polish particular legislator did not establish permanent mediation organs, it might be necessary to use the particular legislation of other states. Therefore, the Author in the article analyzes the conciliation organs functioning in other countries and justifies the need to establish them in the particular Churches in Poland.

  • Issue Year: 6/2017
  • Issue No: 2
  • Page Range: 93-106
  • Page Count: 14
  • Language: Polish