CIVIL-ECCLESIASTICAL DISPUTE JURISDICTIONAL COMPETENCE

CIVIL COURT OF CASSATION – JOINT CHAMBERS

 Ord. no. 14839 of 06.07.2011

ABSTRACT:

Concordat marriage: legal action for compensation for damages against the ecclesiastical judge Lack of jurisdiction of the Italian judge.

Author: Court of Cassation - Joint Chambers

Date: 6th July, 2011

Topic: Exequatur, Family, Marriage

Country: Italy

Key words: Concordat marriage, Regional ecclesiastical courts, Claims for damages, Lack of jurisdiction of the Italian court, Ecclesiastical judge.

Abstract: The Italian court lacks jurisdiction over claims for damages brought by a citizen against the ecclesiastical judge for any alleged behaviour of the latter in the canonical process that results in the said loss and is not criminally relevant for the purposes of the declaration of invalidity of a marriage celebrated under art. 8 of the Villa Madama Agreement of 18th February, 1984, ratified by Law no. 121 of 25th March, 1985. The activity of the ecclesiastical judge in the canonical process, the action carried out by him and the compliance of such action with canon law in general and with trial rules in particular, cannot as such, be the object, until such a time as said actions remain functional and procedural to the trial itself, of review by a State judge, both in accordance with exclusive ecclesiastical jurisdiction on the violation of ecclesiastical laws expressed in can. 1401 CIC, and with the fundamental rule on the separation and independence of the orders expressed in art. 7 of the Constitution, separation and independence, which are the very essence of the principle of laity of the state.

JUDGMENT:

Cassazione Civile SS.UU. Ordinanza 6.07.2011 n. 14839.pdf

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JUDGMENT RECORDED IN THE FOREMOST JUDICIAL JOURNALS: 

http://www.olir.it/documenti/?documento=5661