Motu proprio

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In law, motu proprio (Latin for: "on his own impulse") describes an official act
taken without a formal request from another party. Some jurisdictions use the term
sua sponte for the same concept.

In Catholic canon law, it refers to a document issued by the pope on his own
initiative and personally signed by him.[1] Such a document may be addressed to the
whole Church, to part of it, or to some individuals.[1] A document issued motu
proprio has its legal effect even if the reasons given for its issuance are found
to be false or fraudulent, a fact which would normally render the document invalid.
Its validity is based on its issuance by the pope by his own initiative, not upon
the reasons alleged.

The first motu proprio was promulgated by Pope Innocent VIII in 1484. It continues
to be a common form of papal rescript, especially when establishing institutions,
making minor changes to law or procedure, and when granting favours to persons or
institutions.[2] During the first seven years of his pontificate, Pope Francis
issued 34 motu proprios, most dealing with the reform of church procedures.[3]

Contents
1 Effect
2 Form
3 Notable examples
4 In civil law
5 References
6 External links
Effect
An important effect of issuing a document in this way is that a rescript containing
the clause motu proprio is valid and produces its effect even in cases where fraud
would ordinarily have vitiated the document, since the Pope does not rely on the
reasons alleged when he grants a favour.[2] Withholding of the truth in what,
according to canonical law, style and practice, must for validity be expressed,
normally renders a rescript invalid, but not if the rescript is issued motu
proprio.[4] Consequently, canonists traditionally called the clause the "mother of
repose".[2] The designation motu proprio indicates that the validity of the
document is independent of the validity of whatever reasons may have been adduced
in a request for its issuance.[2]

However, a motu proprio has no effect in so far as it harms the acquired right of
another or is contrary to a law[5] or approved custom, unless it expressly states
that it is derogating from these matters.[6]

Form
A motu proprio rescript begins by giving the reasons for issuing it, and then
indicates the law or regulation made or the favour granted. It is less formal than
a constitution and carries no papal seal. Its content may be instructional (e.g.,
on the use of chant), administrative (e.g., concerning a church law or the
establishment of a commission), or merely to confer a special favour.[7]

Notable examples
Further information: List of motu proprios
Tra le sollecitudini, issued 22 November 1903 by Pope Pius X, on the topic of music
to be used during Mass
Bonum sane, issued 25 July 1920 by Pope Benedict XV, on the topic of world politics
Mysterii Paschalis, issued 14 February 1969 by Pope Paul VI, revising the Norms on
the liturgical year and the General Roman Calendar
Ad Tuendam Fidem, issued 15 July 1998 by Pope John Paul II, on topics in canon law
Summorum Pontificum, issued 14 September 2007 by Pope Benedict XVI, on the use of
the Tridentine Mass and other liturgical topics
Intima Ecclesiae natura, issued 11 November 2012 by Pope Benedict XVI, on the
service of charity (guidelines for Catholic charitable organizations)[8]
In civil law
More generically, this phrase (or proprio motu; Latin allows free word order) is
used to indicate an act taken by a court without a motion from a party to the case.
The term is used very rarely in legal opinions in the United States, where sua
sponte is preferred, but proprio motu is used in Canada.[9] Proprio motu is used to
refer to a decision by the Prosecutor of the International Criminal Court to
initiate an investigation into a situation without a referral from the Security
Council or a State Party; this power is granted by article 15(1) of the Rome
Statute.

As it relates to a monarch, the term motu proprio describes the condition of a

royal decree being made expressly on the sovereign's initiative, a practice more
usual in some nations than in others.

Relating to Orders of Chivalry, like the Order of Malta, the Grand Master according
to the statutes can confer the order motu proprio, instead of in response to a
nomination by a national delegation.