The judicial system in the Jubilee Year 

On Christmas Eve, Pope Francis initiated a year of new hope for all, Christians, members of other religions and men and women who hold values in favour of human dignity and universal brotherhood; in a few words, for every goodwilled individual. 

A person incorporates physical and spiritual elements: a body and a soul. The same can be said of the Church, which is both a human and a divine institution. The Church is immersed in human society and accompanies humanity in its walk of life. Thus, the Jubilee has the potential to provide a renewed hope towards a more dignified life for all, provided that institutions which govern the civil sphere are instruments used to ameliorate mankind.

Pope Francis opens the Holy Door of St Peter’s Basilica in the Vatican to mark the start of the Catholic Jubilee Year, on December 24, 2024. Photo: AFP

The foremost institution which may help in such an endeavour is the judicial system, present, in some form or another, in all societies. 

The Church itself hosts a judicial system, which regulates the life of Christians, aspires to a more liveable future, characterised by harmony among her members. 

Around 10 years ago, Pope Francis cast the possibility for a briefer canonical juridical process when a declaration of an annulment of a canonical marriage is asked for. The appeal following the initial decision is no longer obligatory but may still be enacted. Thus, an executive sentence is not based on the outcome of two separate judgments.

Therefore, I ask whether it is time to explore the possibility that the secular state could adopt a similar system where a juridical decision is thoroughly examined before an appeal is accepted. This would drastically reduce the number of appeals submitted designed to prolong the juridical process.  

A deterrence to such abuse does exist, given that when an appeal is submitted in a frivolous and vexatious way, the one appealing faces the risk of paying double the expenses, while underlining the validity of the judge’s original decision.

In terms of legal assistance, both in Church and in state juridical processes, the parties are not obliged to be assisted by a lawyer, although the right for such assistance holds. In practice, one who lacks financial means for defence can be provided with legal assistance if background checks on the individual prove that one’s claim is justified. 

In penal processes, this requirement for background checks is dropped. If the individual, after having been informed about his right to legal assistance, asks for this legal help, this help is given to him. Legal aid is provided notwithstanding one’s legal status (suspect or accused).

In line with the ethos permeating from the Jubilee of Hope, promoted by the Roman Catholic Church, the streamlined juridical process will provide comfort and reassurance to anyone awaiting justice. Indeed, justice delayed is justice denied. 

This streamlined process will reduce the financial burden on those who are seeking justice, particularly on those who possess limited means, while fostering a more serene juridical process, reducing the psychological trauma on the parties involved.

Mgr Chev. Dr Joseph Zammit – Judicial Vicar, Floriana