American-Cassinese Congregation

The Constitutions and the Directory

 

Part III: Matters Pertaining to the Congregation

Chapter III: The Right of Appeal and Recourse

C 129. Since the Congregation does not normally intervene in matters pertaining to the internal governance and discipline of individual monasteries, alleged denials or violations of rights should be resolved at the lowest level.

D 129.1. Each monk is to recognize his personal responsibility to resolve a disagreement with his brother promptly, effectively, and justly. Should these efforts prove fruitless, those means known as conciliation are recommended.

D 129.2. 1. While processes of conciliation are ordinarily left to the resourcefulness of the individual monastery, competent monks from the Congregation may be invited to take part in the procedures.

D 129.2. 2. The President, with the consent of his council, has the right to appoint a body to conciliate all matters submitted to him under this title.

D 129.2. 3. Any expenses of the process are to be borne by the monastery from which the action was initiated.

C 130. When a monk feels that he has suffered injustice, he has the right to refer a case from a lower to a higher superior or tribunal, according to the norms of law (CIC 1732-1739).

D 130.1. 1. In the case of recourse against an administrative act, the decision of the superior who posited the act remains in force until the matter is resolved.

D 130.1. 2. Recourse against an administrative decision issued by an abbot or appeal from a judicial sentence is made to the President of the Congregation and his council. Further recourse or appeal is made to the Apostolic See. The recourse or appeal follows the norms of universal law.

D 130.1. 3. The recourse is to be made in writing. The petitioner may be invited by the competent authority to whom the recourse is directed to appear in person.

D 130.2. 1. As often as the need for a congregational tribunal arises, the President, with the consent of his council and according to the norms of law, is to appoint the requisite tribunal to adjudicate the matter at hand, with due regard for the prescriptions of law regarding dismissal (CIC 699).

D 130.2. 2. Any expenses are to be borne by the monastery from which the action is initiated.

 

 

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