In the name of the Father, and of the Son, and of the Holy Spirit.
Peace be with you!
Your Excellency,
Dear Prelate Auditors of the Apostolic Tribunal of the Roman Rota,
In this our first meeting, I would first of all like to express my appreciation for your work, which is a precious service to the universal judicial function that belongs to the Pope and in which the Lord has called you to participate. "Speaking the truth in love" (Eph 4:15): this is an expression that can be applied to your daily mission in the administration of justice.
I thank His Excellency the Dean for his words, which express the union of all of you with the Successor of Peter. And my grateful thoughts also extend to all the tribunals of the Church present in the world. The ministry of judge that I have had the opportunity to exercise allows me to better understand your experience and to appreciate the ecclesial relevance of your task.
Today I would like to return to a fundamental theme that has been dominant in the Addresses given to the Tribunal of the Roman Rota from Pius XII to Pope Francis. It concerns the relationship of your activity with the truth that is inherent in justice. On this occasion, I intend to offer you some reflections on the close connection between the truth of justice and the virtue of charity. These are not two opposing principles, nor values to be balanced according to purely pragmatic criteria, but two intrinsically linked dimensions that find their deepest harmony in the very mystery of God, who is Love and Truth.
This correlation requires constant and careful critical exegesis, since, in the exercise of jurisdictional activity, a dialectical tension often emerges between the demands of objective truth and the concerns of charity. Sometimes there is a risk that an excessive identification with the vicissitudes – often troubled – of the faithful may lead to a dangerous relativization of the truth. Indeed, a misguided compassion, even if seemingly motivated by pastoral zeal, risks obscuring the necessary dimension of ascertaining the truth inherent in the judicial office. This can happen not only in the context of marriage nullity cases – where it could lead to pastoral decisions lacking a solid objective foundation – but also in any type of proceeding, undermining its rigor and fairness.
On the other hand, there can sometimes be a cold and detached affirmation of the truth that fails to take into account everything that love for people demands, omitting the solicitude dictated by respect and mercy, which must be present in all phases of a process.
In considering the relationship between truth and charity, a clear orientation comes from the teaching of the Apostle Paul, who exhorts us: "Speaking the truth in love, we will grow to become in every respect the mature body of him who is the head, that is, Christ" (Ephesians 4:15). Veritatem facientes in caritate: it is not simply a matter of conforming to a speculative truth, but of "doing the truth," that is, a truth that must illuminate all actions. And this must be done "in charity," which is the great driving force that leads to true justice. With another biblical phrase, this time from Saint John, you are called to be "fellow workers for the truth" (3 John 8). Benedict XVI, who chose these words as his episcopal motto, emphasized in his Encyclical Caritas in veritate the "need to combine charity with truth not only in the direction, indicated by Saint Paul, of 'veritas in caritate' (Ephesians 4:15), but also in the inverse and complementary direction of 'caritas in veritate'. Truth must be sought, found and expressed in the 'economy' of charity, but charity in turn must be understood, valued and practiced in the light of truth" (n. 2).
Therefore, let your actions always be guided by that true love for your neighbor that seeks above all his eternal salvation in Christ and in the Church, which implies adherence to the truth of the Gospel. Thus, we find the horizon within which all ecclesial legal activity must be placed: the salvation of souls as the supreme law in the Church. [1] In this way, your service to the truth of justice is a contribution of love to the salvation of souls.
Within the framework of truth in charity, all aspects of canonical processes can be understood. First and foremost, the actions of the various participants in the process must be entirely guided by the active desire to contribute to shedding light on the just judgment to be reached, with rigorous intellectual honesty, technical competence, and an upright conscience. The permanent striving of all towards the truth is what makes the overall activity of the tribunals profoundly harmonious, following that institutional conception of the process, masterfully described by Venerable Pius XII in his Address to the Rota in 1944. [2] The goal that unites all those involved in the processes, each in fidelity to their own role, is the search for truth, which is not reduced to professional fulfillment, but is to be understood as a direct expression of moral responsibility. This is primarily driven by charity, knowing how to go beyond the demands of mere justice, to serve, as far as possible, the integral good of the people, without distorting one's function but exercising it with a full ecclesial sense.
Service to truth in charity must shine through in all the work of the ecclesiastical tribunals. This must be appreciated by the entire ecclesial community and especially by the faithful involved: by those who request a judgment on their marital union, by those accused of having committed a canonical crime, by those who consider themselves victims of a grave injustice, by those who claim a right. Canonical processes must inspire the trust that comes from professional seriousness, intense and careful work, and a convinced dedication to what can and should be perceived as a true professional vocation. The faithful and the entire ecclesial community have the right to a correct and timely exercise of procedural functions, because it is a path that impacts consciences and lives.
In this light, the truth, and therefore the good and the beauty, of all the offices and services related to the processes must be highlighted. "Doing the truth in charity": all those involved in the administration of justice must act according to a code of ethics, which must be carefully studied and practiced within the canonical framework, ensuring that it truly becomes exemplary. In this sense, a style inspired by ethics must also permeate the work of lawyers when they assist the faithful in defending their rights, protecting the interests of their clients without ever exceeding what is considered just and in accordance with the law. The promoters of justice and the defenders of the bond are cornerstones in the administration of justice, called by their mission to protect the common good. A purely bureaucratic approach in a role of such importance would clearly prejudice the search for truth.
The judges, called to the grave responsibility of determining what is just, which is the truth, cannot fail to remember that "justice walks with peace and is in constant and dynamic relation with it. Justice and peace aim at the good of each and every person, and therefore demand order and truth. When one is threatened, both falter; when justice is offended, peace is also jeopardized." [3] Viewed in this perspective, the judge becomes an agent of peace who contributes to consolidating the unity of the Church in Christ.
The trial is not in itself a tension between conflicting interests, as is sometimes misunderstood, but is the indispensable instrument for discerning truth and justice in the case. The adversarial process in judicial proceedings, consequently, is a dialogical method for ascertaining the truth. The concrete nature of the case, in fact, always requires that the facts be ascertained and the reasons and evidence supporting the various positions be compared, based on the presumptions of the validity of the marriage and the innocence of the accused, until proven otherwise. Legal experience demonstrates the essential role of the adversarial process and the decisive importance of the investigative phase. The judge, maintaining independence and impartiality, must resolve the dispute according to the elements and arguments that emerge in the trial. Failure to observe these basic principles of justice – and favoring unjustified disparity in the treatment of similar situations – is a significant violation of the legal profile of ecclesial communion.
These considerations could be applied to every phase of the process and to every type of judicial case. By way of example, in the shorter process for marital nullity before the diocesan bishop, the seemingly manifest nature of the ground for nullity that makes it possible must be judged with great care, without forgetting that it will be the duly conducted process itself that will confirm the existence of the nullity or determine the need to resort to the ordinary process. It is therefore fundamental that the study and application of canon matrimonial law continue with scientific rigor and fidelity to the Magisterium. This science is indispensable for resolving cases according to the criteria established by the law and jurisprudence of the Roman Rota, which, in most cases, merely declare the requirements of natural law.
Dear friends, your mission is lofty and demanding. You are called to safeguard the truth with rigor but without rigidity, and to exercise charity without omission. In this balance, which is in reality a profound unity, true Christian legal wisdom must be manifested. I would like to conclude these reflections by entrusting your work to the intercession of Our Lady, Mirror of Justice, the perfect model of truth in charity. Thank you!
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