Dreptul de devoluțiune și instituția controlului judiciar în dreptul canonic

Abstract

Devolution is a juridical-canonical institution, found both in ecclesiastical and civil law in Romania. The right of canonical devolution is a special right, whereby an administrative organ of superior competence, goes beyond its own jurisdiction and intervenes on organs situated in a lower hierarchical status, by exercising the prerogatives of supervision, control and guidance executed ex officio, in order to apply and respect the law and restore institutional order. This right of control of higher organs over those hierarchically inferior does not prejudice the independence of the units of jurisdiction or diocesan autonomy, but focuses on the link between freedom and responsibility, for the maintenance of the canonical and administrative order of the Church. Church devolution is based on the canonical principles of diocesan autonomy, subsidiarity and jurisdiction.