Expiration of Time Limits and the Ius Appellationis

Abstract

The rotal decree under comment offers the cue to address the delicate topic of the appeal and the peremptory time limits for its presentation, especially in light of the recent reform of the canonical matrimonial process promulgated by Pope Francis.On the basis of the new structure of the process of matrimonial nullity appears, in fact, evident the legislative disfavor, towards the appeal, seen as a potentially dangerous tool for the salus animarum of the faithful for the risk of procedural lengths connected to it, so as to provide for a prior examination of admissibility in order to avoid that they were made for the purpose of mere dilatory, that is, for the sole purpose of lengthening the time of the process. Moreover, the case submitted to the Rota offers the opportunity to to deal with a topic of considerable importance not only in theory but also in practice: that of calculating the statutory time limits (“fatalia legis”) with reference to the interposition of an appeal. The decision of the decree focuses on whether public holidays between the service of the judgment and the expiry of the fifteen days for lodging an appeal can be taken into account in determining the time limit. The solution proposed by the Rota is to distinguish between the unlawfulness of the extension of the time-limit for appeal and the invalidity of the mere reduction of the time-limit without a prior request by the parties. In this sense, the decree concludes that the appeal is timely even if submitted after the expiry of the fifteen days in the presence of a decree of the judicial vicar suspending the procedural deadlines for the holidays which, although illegitimate, must be considered valid and, therefore, capable of determining an extension of the legal deadlines to exercise the right of appeal