I believe the synod did just that. The question of whether a divorced and remarried person would be permitted to receive communion surely concerns the question of the validity of the first marriage. It would seem that the recommendation of the final synod document would address the question differently than is current practice. It would seem to involve the internal forum, the forum of conscience, with any final determination made by an ordained priest. This in essence would remove any judgment of nullity from a marriage tribunal to a member of the clergy.
Under current practice, a person’s decision to petition a marriage tribunal for a marriage case to be heard surely involves the internal forum. The difference is then in who makes the judgment as to validity of the first marraige. This is there to see, and it would seem a great deal of confusion has been raised as to whether what is proposed would be to permit a person in the state of mortal sin to receive communion. This is not there to see. It is a straw man.