Malta and Holy See Sign Historic Revised Agreement on Marriage

The Voice of the Maltese (thunder from down under) Issue 68 NEEWWSSLLETTTTERR February 4, 2014 Edited by Lawrence Dimech - [email protected]; & Malta desk: Joseph Cutajar - [email protected] The Apostolic Nuncio in Malta Aldo Cav - alli and Malta’s Foreign Minister George Vella signing the agreeement in the pres - ence of Bishops Charles Scicluna and Mario Grech, and Archbishop Paul Cremona (on left) and Parliamen - tary Secretary Owen Bonnici (standing behind Dr Vella) ollyy SSeeee MMaallttaa aanndd HHo c rreevviisseedd ssiiggnn hhiissttoorriic n mmaarrrriiaaggee aaggrreeeemmeenntt oon n agreement described as historic has just been before the Ecclesiastical Tribunal. signed between the Maltese government and the Informal talks regarding the future of the Church-State Holy See. Known as the Third Additional Protocol, agreement concerning marriage commenced when Prime it includes amendments to the 1992 Church-State agree - Minister Joseph Muscat visited Pope Francis I at the Vati - ment on marriage. It will also repeal the Second Additional can in June, three months after the PL’s election victory. Protocol signed on January 6, 1995. In one of Dr Muscat’s first initiatives as Prime Minister The agreement was signed by the Apostolic Nuncio in he had sent a 'note verbale' to the Holy See to initiate dis - Malta, Aldo Cavalli and Foreign Minister George Vella fol - cussions on the abrogation of the concordat. lowing discussions that led to a revision of the agreement. The Church said in a statement: “Malta and the Holy See The main change is that the Ecclesiastical Tribunal is no have announced that, further to technical talks held be - longer superior to the Maltese Courts in marriage annul - tween representatives of both sides, agreement has been ment cases. reached on a Third Additional Protocol to the Agreement TThoe dVatoe,i cthee coofu rtths eha dM baeletne psreohiisbi taed fforormtn ciognhtintulyin gpublication specifically targeted towards all Ato hear cases forM ananlutlemseen t liif vthien sga maeb craoseas dha,d w beitenh fielemd phasis on the Australian scenCeon.t inued on page 2 This e-newspaper is sent via email by request. Subscription is free. The Editor is Lawrence Dimech. Joseph Cutajar is Malta Editor and layout designer. 2 The Voice of the Maltese Tuesday February 4, 2014 Malta and Holy See sign historic revised agreement on marriage between the Holy See and the Republic of Malta on the Recog - nition of Civil Effects to Canonical Marriages and to the Deci - sCiontsi nouf etdh efr Eomcc pleasgiaes 1tical Authorities and Tribunals about the Same Marriages signed on 3 February 1993.” The new agreement also repeals a proviso that had banned spouses from resorting to the civil courts if an Ecclesiastical Tri - bunal decided that a marriage was valid. In welcoming the agreement, Minister Dr Vella thanked the Holy See for its willingness to reach an agreement after the Prime Minister had declared his wish to see the original agree - ment changed. He said the amendments were a clear testament of separation between Church and State, as laid down in the Con - stitution. A joint committee that included Parliamentary Secretary Owen Bonnici, Attorney General Peter Grech, Gozo Bishop Mario Grech, and Auxiliary Bishop Charles Scicluna drew up the re - vised agreement. The agreement provides that judgements of the ecclesiastical Way back on March 22, a few days after the Labour Party’s tribunal will retain their civil effects if the Court of Appeal orders landslide victory in the 2013 general elections, Prime Minis - their registration in the Public Registry. ter Dr Joseph Muscat set the ball rolling in regard to the In ordering such registration, the court cannot re-examine the agreement on the Third Additional Protocol when he paid a merits of the case, but has to ascertain that procedures had not courtesy call on Archbishop Paul Cremona OP to discuss the violated fair trial principles and the judgement of the tribunal did revision of the 1992 Church-State agreement. not go against previous contrary judgements of the civil court. At the time, following the meeting, Dr Muscat said that as As of now, parties will be able to continue marriage annulment as part of the court reform the Maltese courts would no longer cases before the civil court notwithstanding the fact that one of be subordinate to the Ecclesiastical Tribunal’s decisions. the parties may have filed an action before the Ecclesiastical Tri - bunal after the commencement of the civil action. During the same meeting that was also attended by the Aux - A civil court decision declaring a marriage as null will apply iliary Bishop and Vicar General, Mons. Charles J. Scicluna, even if a case regarding the same marriage is pending before the he said they had discussed the civil liberties, in particular Ecclesiastical Tribunal. civil unions and that he was going to inform the Holy See of In the 'exceptional' cases where proceedings before the tribunal the Maltese government intentions are concluded before the civil proceedings, the decision of the Even so early in the day, Mgr Cremona had said that the re - tribunal may be given civil effects only after it has been regis - vised agreement was agreeable to all parties. tered by order of the Court of Appeal. That removes the need for the parties to continue their case before Adami and Foreign Minister Guido de Marco in 1993, envisaged the civil court, while the Court of Appeal will retain the last word. a partial concession to the Ecclesiastical Tribunal over the local The previously agreement signed by former PM Eddie Fenech civil courts when it came to the annulment of Catholic marriages. Learn Maltese The practical effect of the Third Additional Protocol will for fun, pleasure or work be, that: Parties will be able to continue an action for the nullity of a mar - Join us and embrace our riage celebrated as a canonical marriage before the civil courts beautiful culture and language. notwithstanding the fact that one of the parties may have filed an action for nullity of the marriage before the ecclesiastical tri - Classes open to both bunals after the commencement of the civil action. When the civil action declaring the nullity of the marriage be - adults and children. comes res iudicata the marriage will be annulled for all civil ef - fects irrespective of the fact that an action for the nullity of the Please contact same marriage may still be pending before the ecclesiastical tri - bunals. 0406 215 990 In the exceptional cases where the proceedings before the ec - to find out more! clesiastical tribunals are concluded before the civil proceedings the decision of the ecclesiastical tribunals may be given civil ef - or send us an email fects only after it has been registered by order of the Court of Appeal in accordance with Articles 24 and 26 of the Marriage [email protected] Act. In this way parties will save expenses and the need of furthering Sa˙˙a their civil case while the Court of Appeal will retain the last word; The fact that an ecclesiastical tribunal would have upheld the validity of a marriage will no longer prohibit a civil tribunal from declaring the same marriage to be null for all civil pur - poses even on the same grounds of nullity. Tuesday February 4, 2014 The Voice of the Maltese 3 Kummentarju: minn Lawrence Dimech l-Gvern Awstraljan, l-istess b˙al dak ta’ Malta g˙andu problema enormi bil- Iwla-slaG ta’ dgv˙ajjees mrimlnija b’ nieAs, li wstraljan irid iwaqqaf hekk kif jilm˙u l-art, jitolbu refu©ju. L- Awstralja b˙al Malta hija g Ωira u jekk Malta hija fir-rotta ta’ dawk il-persuni li iqegl˙d- in“ ja˙irbbu moill-Aafrikta tsa’ F” uq, heakk kkost ta’ kollox ukoll l-Awstralja, li t-tramuntana tag˙ha tinsab esposta lejn l-Indonesja, pajji Ω mag˙mul minn 17,500 g Ωira b’popolaz - zjoni ta’ madwar 247 miljun persuna. Hemm ukoll fil-qrib il-Malasja (ara l- mappa). Dawk li ja˙irbu, jersqu lejn Christmas Is - land fl-oçejan Indjan li hi g Ωira territorju Awstraljan. Din hija 344 km bog˙od minn Java. Fil-fatt, Christmas Island saret wie˙ed mill-akbar çentri g˙al dawk li jaslu bla permess fi triqithom lejn l-Awstralja jfittxu kenn biex jo- atti brutali fuq dawn n-nies tad-dg˙ajjes u refu©ju. nora l-we- mill-ba˙rin Awstraljani. Kif ukoll protesti Il-kwestjoni g˙da tie- kontinwi minn dawk maqfula fi Christmas tar-refu©jati, g˙u huma Island. I Ωda xejn min dan ma jista’ ji©i klandestini, mge Ωwra ikkonfermat g˙ax il-Gvern g˙olla hajt ta’ illegali, sej- f’segretez- segretezza. hilhom li trid za kbira. Il-Gvern jirra©una li la qeg˙din fi gwerra saret b˙al L- mhu se jag˙ti l-ebda tag˙rif lill-g˙adu. ballun poli - Jinsisti wkoll li din hija operazzjoni mili - tiku fl-Aw - tari i Ωda, fil-fatt mhux qed jopera kontra stralja. Dan , kif forza militari, imma kontra sempliçi l-a˙˙ar i Ω- qedO ispeejr˙a i- li skont il-li©ijiet internazzjonali Ωew© partiti ltihoan lS-oGvveer - mhu qed jiksru l-ebda li©i billi jfittxu politiçi l-kbar renig n Bhoirj- a refug©u f’pajji Ω ie˙or. ˙argu bi pro - mdemrs exxija Il-Gvern qieg˙ed isibha difficli jip“prboovaa t posti ˙orox u minn Lt- jpae˙obpil ed” ak li qieg˙ed jag˙mel anke jekk b’determi - General jg˙id li din hija gwerra. Fil-gwerra ricenti nazzjoni li Angus f’Afganistan il-Gvern Awstraljan kien jip - jwaqqfu dan l-assalt ta’ persuni li jaslu bla Campbell.

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