Potrzeba erygowania stałych organów mediacyjnych w polskim prawie partykularnym

• Published in: Kościół i prawo Vol. 6; no. 2; pp. 93 - 106
• Main Author: Romanko, Agnieszka
• Format: Journal Article
• Language: Polish
• Published: The Learned Society of the Catholic University of Lublin John Paul II Catholic University of Lublin 2017; Towarzystwo Naukowe KUL Katolicki Uniwersytet Lubelski Jana Pawła II
• Subjects: Canon Law / Church Law; Law, Constitution, Jurisprudence; 1983 Code of Canon Law; mediation competences; bishop’s conference; diocesan bishop
• ISSN: 0208-7928

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.