Vatican warns of potential religious freedom violation in court case

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VATICAN CITY (CNS) — The Vatican Secretariat of State sent a formal statement to the French Embassy to the Holy See reaffirming that Pope Francis had sent a top Vatican official to investigate a French religious congregation and warning that interference by a French civil court in an internal church matter could be a “serious violation” of religious freedom.

Matteo Bruni, director of the Vatican press office, confirmed April 13 that the Vatican had sent an explanatory “note verbale” to the embassy highlighting several points in connection to a French civil court decision made public April 3.

Vatican raises concerns about court interference​

The ruling by the one-judge tribunal of Lorient in France ordered 79-year-old Canadian Cardinal Marc Ouellet, retired prefect of the Dicastery for Bishops, and the two religious who assisted him in the investigation to pay a former nun more than $194,000 for material damages, more than $10,000 for “moral prejudice” and more than $10,000 in legal costs for “abuse of rights” and “lack of impartiality” in their decision to dismiss her from her religious community. That community, the Congregation of the Dominican Sisters of the Holy Spirit, was also ordered to pay the former nun $36,000 as a “duty of relief.”


The defendants were appealing, according to La Croix, the French Catholic daily newspaper.

The Congregation of the Dominican Sisters of the Holy Spirit was founded in 1943 by Father Victor-Alain Berto, who had been close to traditionalist Archbishop Marcel Lefebvre. Accusations of abuse by the founder, by a former chaplain and within the community surfaced in 2010, triggering a series of investigations over the years.

Background of the case​


Continued below.
 

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VATICAN CITY (CNS) — The Vatican Secretariat of State sent a formal statement to the French Embassy to the Holy See reaffirming that Pope Francis had sent a top Vatican official to investigate a French religious congregation and warning that interference by a French civil court in an internal church matter could be a “serious violation” of religious freedom.

Matteo Bruni, director of the Vatican press office, confirmed April 13 that the Vatican had sent an explanatory “note verbale” to the embassy highlighting several points in connection to a French civil court decision made public April 3.

Vatican raises concerns about court interference​

The ruling by the one-judge tribunal of Lorient in France ordered 79-year-old Canadian Cardinal Marc Ouellet, retired prefect of the Dicastery for Bishops, and the two religious who assisted him in the investigation to pay a former nun more than $194,000 for material damages, more than $10,000 for “moral prejudice” and more than $10,000 in legal costs for “abuse of rights” and “lack of impartiality” in their decision to dismiss her from her religious community. That community, the Congregation of the Dominican Sisters of the Holy Spirit, was also ordered to pay the former nun $36,000 as a “duty of relief.”


The defendants were appealing, according to La Croix, the French Catholic daily newspaper.

The Congregation of the Dominican Sisters of the Holy Spirit was founded in 1943 by Father Victor-Alain Berto, who had been close to traditionalist Archbishop Marcel Lefebvre. Accusations of abuse by the founder, by a former chaplain and within the community surfaced in 2010, triggering a series of investigations over the years.

Background of the case​


Continued below.
I know nothing about the laws of France, but it did seem like some corruption happened.


Here is a summary of the article, for those who want to keep religious freedoms:

The article by Carol Glatz, published on April 15, 2024, reports on a dispute between the Vatican and the French civil court system regarding a French nun's lawsuit against the Congregation of the Dominican Sisters of the Holy Spirit and Cardinal Marc Ouellet. The Vatican has expressed concerns over the potential infringement on religious freedom following a French court decision ordering the defendants to pay damages to the nun.

The article begins by explaining that the Vatican Secretariat of State sent a formal statement to the French Embassy reaffirming Pope Francis' involvement in sending a top Vatican official, Cardinal Ouellet, to investigate the French religious congregation. The statement also warned that interference by the French civil court in an internal church matter could be a serious violation of religious freedom.

Matteo Bruni, director of the Vatican press office, confirmed that the Vatican had sent an explanatory "note verbale" to the embassy, highlighting several points in connection to a French civil court decision made public on April 3. The ruling ordered Cardinal Ouellet and two religious officials to pay damages to a former nun, Sabine de la Valette, for dismissing her from the community without cause.

The article provides background information on the case, explaining that Pope Francis ordered an apostolic visitation of the congregation in 2020, which resulted in the expulsion of Sister Marie Ferréol (De la Valette). She launched a civil suit for damages claiming dismissal without cause and without the possibility of defending herself. The court ruled in her favor, finding that she was expelled without reason and ordering damages to be paid by the defendants.

However, there were some issues that arose during the court proceedings. The court did not have proof that Cardinal Ouellet's investigation was mandated by the pope, that he was friendly with a member of the congregation, which could have adversely affected his impartiality, and that the Vatican had not released its files related to the investigation.

The article concludes with the Vatican's concerns over the potential violation of religious freedom if the final judgment from the Lorient tribunal ruled on internal discipline and membership in a religious institute. The statement emphasized that Cardinal Ouellet never received any summons from the Lorient tribunal and conducted an apostolic visitation in compliance with a pontifical mandate. The Vatican learned about the decision only from the press.


Definitions:

1. Apostolic Visitation: An investigation or inspection carried out by the Catholic Church, typically at the request of the Pope and led by a cardinal or bishop, to examine the situation of a religious community or institution. Its purpose is to ensure the observance of Church law and regulations, promote reform, and address any abuses or irregularities.

2. Note Verbale: In diplomacy, a written note formally conveying information or expressing views between diplomatic representatives of different states or organizations. In this context, the Vatican's note verbale to the French Embassy served as an official statement reaffirming the Pope's involvement in the apostolic visitation and expressing concerns about the court interference.

3. Pontifical Mandate: A formal commission or instruction given by the Pope to a cardinal, bishop, or other ecclesiastical authority for carrying out specific tasks or duties within the Church. In this case, the Pope's mandate to Cardinal Ouellet for conducting an apostolic visitation of the Dominican Sisters of the Holy Spirit.

4. Immunity: A legal concept that grants exemption from civil jurisdiction, often given to diplomats and other international organizations, including the Vatican. The concerns raised by the Vatican in this article revolve around potential issues of immunity if a final judgment from the French court ruled on matters related to Church governance and internal discipline.

5. Free Association: The right of individuals to form organizations, including religious institutions, without interference from the state. This term is relevant as the Vatican argues that a French court ruling on matters related to Church membership and internal discipline could potentially infringe upon this fundamental right.
 
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