The Scale of Justice, canon law
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Code of Canons of the Eastern Churches
Code of Canons of Eastern Churches
Origins of the Eastern Catholic Churches
Separations in between the East and West. R. Roberson: The Eastern Christian Churches, 1996.
Council of Ephesus 431.
It gave definition of Mary as Theotokos - Nestorians found it inacceptable,
Assyrian Church of the East.
Chaldean - P Syro-Malabar MA
Council of Chalcedon 451
Gave two natures of christ - monophysites found it unacceptable
Armenian, Coptic » Ethiopian, Syrian » Malankar
Great Schism 1054
Orthodox Church, 9 are patriarchates - Constantinople (1st among equals, ecumenical patriarch), Ancient: Alexandria, Antioch, Jerusalem, More Recent: Russia - P, Serbia - P, Romania - P, Bulgaria - P, Georgia - P, Cyprus, Greece, Poland, Albania, Czech, America
Melkite - P, Russian Catholic, Byzantines, Macedonian, Romainian Catholic, Bulgarian Catholic, Greek Catholic, Albanian Catholic, Slovak Catholic, Ukranianian Catholic, Ruthenian, Hungarian, Italo-Albanian, Belorusian Catholic Church
Church of Mount Sinai, Finland, Japan, China, Estonia
Latin church became identified (internally) with the catholic, indeed christian church. From the 16th century, Latins sent missionaries to the East, when they became catholic and retained ritual privileges. The last of the unions dates from 1930: Syro-malankara. First was Chaldean 1553. Most have a sister church that is orthodox. Uniatism has given over to Ecumenism. Orthodox still call them Uniates because they are somewhat anomylous. The Orthodox and Eastern Catholics have liturgy, theology and spirituality. The churches are diverse, large, small. Maronites claim they were always in communion - from the 6th century to the 12th century, there was an interruption of contact, but not of unity. The latin church is the 23rd, but it is also somewhat different.
Codification process of the Eastern Canon Law
History Took 120 years. Latin bishops at at VCI asked for a unified code; eastern bishops asked for a clarification about their law. They had particular law based on their traditions. Some said unity of easter ecclesiastical discipline; others each eastern catholic church should have their own canon law. This was done from the end of the 19th century, Rome won't give recognitio. Pius XI established a commission with cardinals and head of the congregation for eastern churches and patriarch of syrian church. Wanted to keep syrian code and make supplement for the others. 1930 opposed, he wanted an eastern code. They started with the 1917 code. 1945 CICO was published, 1948 submitted to Pius XII for promulgation, he didn't do it and gave no reason; but he promulgated the canons on marriage in 1949, Crabrae allatae. He also promulgated procedural canons Sollicitudinam nostram 1950; Postquam apostolicis litteris 1952 religious, temporal goods, cleri sanctitati 1957 on hierarchy. John XXIII wouldn't promulgate the canons on the sacraments. This is called the first codification, although it wasn't entire.
1972 the second codification starts Commission receive the whole text in 1988, it was then to the holy father. They worked a lot like the latin codifiers. All found Nuntia 1975-1990; easy to follow the legislative history of the canons. Commission had the task of revising the promulgated sections and the ones that weren't promulgated.
Promulgation of the CCEO 18/10/1990, promulgated 1/10/1991 in force. This code is more in conformity with eastern tradition than the motu proprio. The second started with particular law of the eastern churches. Eastern Churches wanted their hierarchies to be involved in promulgation, e.g. like VCII texts where patriarchs promulgated in union with council fathers. Instead, pope said in collaboration with eastern hierarchy, we use our own power to promulgate. Legislative power in the east is the patriarchs with their respective synods.
Title of the CCEO Former legislation had title Codex Iuris Canonici Orientalis. But this seemed to make it an appendix to the CIC. So they suggested the CIC change to latin code and the CIC then would be eastern code. Felici said no, it's traditional. Found an old title from the 1930s: CCEO. Canons refers to sacred canons, not just the code.
Organization of the CCEO 30 titles in the CCDO. Nomocanon in 14 titles was a traditional way of organizing law in the east. Nomo - imperial law, canon - church law.
Official Language Latin - diversity is great, but there isn't a common language between the eastern churches. Sometimes it couldn't even be put into practice in 1991 because it had to be translated into the working language of the church.
protosyncellus vicar general
syncellus episcopal vicar
protopresbyter vicar forane
eparchial assembly diocesan synod
exarchy ~apostolic vicariat / prefecture
Exarch ~apostolic vicar / prefect
Chrismation with holy myron confirmation
synaxis monastic chapter
Concepts of “rite”and “Church sui iuris”
Rite was sometimes used to designate the five liturgical traditions; an ecclesiastical community; changing rite, but also changing hierarchy. Even the second vatican council uses the term rite in different senses. I am a member of the latin church, not a member of the latin rite. Guiding principle said to clarify rite and church. So we should talke about inter-ecclesial issues, not inter-ritual issues. Particular church meant latin jurisdictions. They finally adopted Church sui iuris. Canon 111-112 uses Ritual Church Sui Iuris. Rite isn't constitutive of the church.
CCEO 27 The canon speaks about 1) a community of the christian faithful, 2) with its own hierarchy, 3) recognized by the supreme authority as a Church sui iuris. Purely juridical definition. Could be express or tacit recognition. Approval of liturgical books would be a tacit recognition or the church as well.
CCEO 28 Rite is liturgical, theological, spiritual and disciplinary heritage expressed as a manner of living the faith. Rome still as ambrosian rite, but it is 'merely' liturgical, historically there was lyonese rite. They are also embedded in the culture and history of the peoples. Interesting also from the perspective of inculturation. Ritual and territory aren't mentioned, but they are important elements in the churches as well. But they aren't constitutive of the churches. Several churches may be rooted in the same ritual tradition, but they may now, because of their own tradition and history, they have different rites now.
Organization of the Different Types of Churches Sui Iuris
Type of church will determine rules and organization: patriarchal, major archiepiscopal, metropolitan, etc.
Patriarchal churches have the largest autonomy. Canon 55+ Patriarch is father and head of church sui iuris, based on history. Some metropolitans have some supra episcopal power and also supra metropolitan power, they began to call these patriarch to make the distinction. Even early councils recognized the institution if not the word. It is purely ecclesiastical law - it is not of divine law. Governs and centralizes the power in his church. Function: patriarch is a bishop with power over all bishops and christian faithful according to the norm of law. No longer the pallium has to be asked from the pope.
Changes to patriarchal churches - for the holy see. Pentarchy is the historical situation: Rome Constantinople - (only a noncatholic ecumencal patriarch), non-catholic, Alexandria - (Ethiopan and coptic), Antioch (Syro-Malankar and Syrian) and Jerusalem. We can restore old patriarchies and we can have new ones. There are some that don't go back to the pentarchy. 1895 restored Coptic patriarch. Eastern churches don't want to hear of the suppression of a patriarchal see. Since pope claimed universal jurisdiction after great schism, so there was no distinction of a patriarchal see. Orthodox have apostolic orders and sacraments.
Synod of Bishops This is the characteristic way in which these churches are governed. Council of Jerusalem is the basis - what to do with converts? Canons of the apostles shows forth synodality, the collection dates from 400AD. Canon 34 (C/A) Bishops of a nation should know who is the first among them. There will be an agreement among the bishops on common problems … doxology. First there was the patriarchal synod with legislative power, then the synod of bishops which does elections. Either could exercise administrative power. VCII wanted to unite these into one type of synod. In the former legislation, it was enough to have been elected and confirmed bishop to participate in the synod, they didn't have to be consecrated.
Members Synod of bishops of patriarchal church SB/PC all bishops consecrated, can participate. Bishop can be demoted to priest. In the matter of elections, they always have deliberative vote. Observers can be invited to the synod by the patriarch, non-bishops, religious superiors, experts.
Canon 110 Powers of the Synod Exclusively competent to legislate for whole patriarchal church. Laws obtain force according to Canon 150.2, - territory - Liturgical laws in force everywhere, disciplinary law in the boundaries of the patriarchal church. Patriarch promulgates, and he has to promulgate. Canon 111. The discipline is by the law of the territory. Canon 150.3 epiarchal bishops outside the territory can decide to confirm the disciplinary law in his epiarchy, or if promulgated by the holy see. This could limit the deliberative vote of epiarchal bishops who will not be obliged to apply the law. Same with titular bishops. 110.2 SB/PC is a judicial tribunal see canon 1062 which says bishops might be elected for 5 years for the administration of justice. 3 persons are moderator for administration of justice, and two others as judges. They are tasked with to judge about bishops or epiarchies. Appeal is to SB/PC. In other churches these are judged by the Pope / Rota. SB/PC only has jurisdiction in the patriarchal territory. SB/PC is not competent for administrative acts, unless the patriarch allows or the common law reserves it to the synod. Normally administration is left to the patriarch. No limit to legislative power, except territory, no submission the holy see, they just inform them. Largest autonomy.
_Canonicity of the synod__ Canon 107 says any session is canonical and valid if a majority of the bishops obliged to attend is present. Only to decide to canonicity. Canon 104: all bishops convoked have a serious obligation to attend unless they have already resigned from office. Emeriti aren't required. Some can have an impediment: illness, penalty, obligation - present reasons in writing to the synod and they will decide legitimacy. Some might have only 20 bishops in the whole church.
Elections Elections regard two types of bishops - in an epiarchal see in the territory, they elect directly; outside the territory, they elect a terna to be submitted to Rome who appoints. - same with major archiepiscopal churches. All other churches sui iuris have bishops appointed by Rome. VCII said all get to appoint their own bishops - so the churches started right up with that, especially Melkite. But Rome said no, no. And the code was more restrictive. Process:
Assent of the Roman Pontiff. Canons 182, 184, 185. Members of the synod can propose members, they may consult presbyters and faithful in secret. The candidates are proposed to the patriarch, all these candidates are submitted for the assent of the Holy See (Cong. Eastern Churches). If no assent, the name is removed. The assent remains valid for future election, unless removed.
Election. Canons 183.3, 72.3 - There are rules for canonicity like those of the synod in normal session, but here 2/3s are required, rather than simple majority. Bishops are free, so they aren't limited to the list of candidates, assent of the Roman Pontiff would be sought after. Absolute majority of those present. Normally a synod is only a gathering of bishops. A diocesan or eparchal assembly would have other people, so isn't called a synod. There can be differences, e.g. Maronites only the patriarch proposes, in the Ethiopian church the nuntio proposes. All in secrecy.
Acceptance. Canons 184, 185, 74. If the person is on the list of the assent, they are asked in secret if they accept, if yes, then the Apostolic See is informed. If no, the assent must be obtained first.
Proclamation and provision of office. Canons 184, 187, 75. Patriarch says your see will be the epiarchial see of xxx.
Profession of Faith and promise of obedience. Canons 187.2, 76. Promise of obedience to patriarch and pope.
Episcopal Ordination Canons 188, 75.
Enthronement 188.2, 75. This is taking possession of the office.
Election of the Patriarch Patriarchal see becomes vacant on death or resignation of the patriarch. Canon 126. Synod accepts the resignation - consulting the pope, or approaches pope directly. There is not required age of resignation. Patriarch has collaborators and one will be administrator of the patriarchal church. He must convoke the bishops in synod to elect the patriarch. Requirement is particular law and canon 180. All bishops to be convened and all have active votes. All obliged to come and take part, same rules for canonicity as election for bishops. 2/3 majority is required. If this isn't concluded in 15 days, it devolves to the Roman Pontiff - he can appoint, negotiate. This happened recently in the Assyrian Catholic Church. After election, you move to the same procedure as for bishops. 2 days to accept (bishops have 8 days). Canon 76.2 he requests communion with the RP. Before he asked for a pallium - which is now a sign of communion and supra episcopal power. From 1978 on, it has been said it is honorific, and it was abandoned 1998. He can exercise office without communion, but shouldn't convoke synod or ordain bishops before he gets ecclesiastical communion.
Power of the Patriarch Canon 78 Power is ordinary and proper, but personal, so he cannot delegate a vicar general. If this were the case, he wouldn't be respecting the choice of the synod. He only has jurisdiction in the territory. There is no jurisdiction over faithful outside the territory of the patriarchate. However, they can request special law, particular law approved by the RP. Also, patriarch can do sacraments out of territory. Patriarchal Vicar outside of territory doesn't make sense - code doesn't allow. Patriarch can do somethings in his own name: represent juridically the patriarchal church, make pastoral visitation, but canonical visitation requires consent of the permanent synod (5 bishops, partly elected, partly appointed by the patriarch), ordain: Canon 86, enthrone bishops, act as eparch as his eparchy, even if no eparchy or exarchy erected (in his territory), stauropegial monasteries - directly under the patriarch in all matters - liturgy, preaching, ministry, education, clerics (normally refer to the eparch), he is commemorated in the liturgy (sign of communion - fixed penalties). Generally patriarch can't act sua sponte - he generally has to get approval of synod for: Canon 85: changing provinces or eparchies, consulting the AS, give a coadjutor or auxiliary or transfer; Canon 98: concordat, with prior and post approval of RP; Canon 99: establish tribunal that can decided personal status (personal statutes); convoke patriarchal assembly (bishops, priests and laity);
Territory Canon 146: territory is where the faithful are and the patriarch has power. There are historical limits. There is a territory for ALL eastern churches. In case of doubt or modification, synod investigates and RP resolves. Maronite: ancient limits of the ottoman empire. E.g. in Lebanon, there are 18 ecclesial communities overlapping.
Privileges and honors Canon 58 Patriarchs of Eastern Churches precede all bishops of any degree everywhere in the world, with due regard for special norms of precedence established by the Roman Pontiff. Canon 59, there is an equality, but there is a precedence of honor. Before, the pentarchy sees were more important; also antiquity of see. There are precedents between cardinals and patriarchs. Automatically they are part of the college of cardinals (not so interested).
Patriarch Curia Canon 114: there is a double structure one for the patriarchy, one for the eparchy. But the offices shouldn't be accumulated.
Permanent synod: 5 bishops: 2 epiarchial + 2 others chosen by the synod, the last chosen by the patriarch. Patriarch of Constantinople had a permanent synod: endemoussa, bishops residing in the patriarchal residence. Canon 170 - all bishops sign acts of the synod. In the endemoussa each bishop had a part of the seal. Must be convoked twice a year. If the permanent synod can't be constituted, Rome is informed and there is an interim structure.
Bishops: Canon ### at least three bishops as members of curia. Nothing on their role in the canons on the curia. But they have a role in the vacancy of the patriarchal see. When eparchial see is vacant, the patriarch exercises eparchial power till he appoints a successor - after consulting bishops of the curia - or permanent synod.
Tribunals in the Patriarchy - Canon 1063ff, each eparchy has a tribunal, then appeals are to the metropolitan and third instance is the patriarchal tribunal. Patriarch must erect a patriarchal tribunal distinct from that of the eparchal see. They can also erect inter-eparchial tribunals, or even collaborating with other churches sui iuris: Canon 1068.
Patriarchal Finance Officer Canon 122 - appointed by the patriarch with the consent of the permanent synon, distinct from the eparchal synod, for a term, can't be removed without consent of the entire synod.
Patriarchal Chancellor Canon 123 - presbyter or deacon (same as in eparchy, but not as in latin code).
Liturgical Commission Canon 124 - other commissions may be constituted as well.
Patriarchal Assembly Canons 140ff - Diocesan synod on the level of the patriarchal church. Consultative to the patriarch and synod of bishops. Covoked: bishops, monastics, religious, university rectors and deans, from all over the world - every 5 years. Patriarch convokes, but see may become vacant then synod is suspended. Somewhat like the diocesan synod.
Major Archiepiscopal Churches
CCEO 151 - One step 'down' from patriarchal see. A major archbishop is the metropolitan of a see determined or recognized by the Supreme Authority of the Church, who presides over an entire Eastern Church sui iuris not endowed with the patriarchal title. Composed of several metropolitan sees, so he is super metropolitan, but it doesn't have a patriarchal title, but is similar to that. Most of the patriarchal canons, apply to them. Two canons on penal law mention the major archbishop. Only one difference: CCEO 153: election requires confirmation of the pope: confirmation of the person and on the validity of the election. The term is quite recent.
CCEO 154 Precedence of honor, right after patriarchs and in order of erection as archiepiscopal church. This is quite a new category of church. Not in 1917 code or motu proprio. Only after Vatican II was the first one created. There are only four of them. So few canons since most everything is the same as patriarchal churches. Ukrainian wants to become a patriarchal church. A church sui iuris can modify its status. Some of these four were Metropolitan Churches, and therefore we have to be aware that a MA church could become Patriarchal.
Chap III. The Metropolitan Church Sui Iuris
CCEO 155 §1 Head is a metropolitan appointed by Roman pontiff and assisted by a hierarchal council. There is no election. This church can propose candidates to Rome. Council is to ‘assist’ the metropolitan; functions more or less as the synod of bishops of the patriarchal church.
Ref CCEO 164 Constitution of council of hierarchs: only ordained bishops and all of them in the CSI except CCEO 953§1 or 1433-1434: penalties.
164§2 Even eparches and coadjutors have deliberative votes, but not necessarily other bishops unless stipulated in particular law.
All voters have a grave duty to attend; must attend in person, no proxy.
CCEO 166 Quorum if a majority of voters are present; absolute majority needed for passage.
CCEO 167 Competencies
§1: Legislative power; but the council is competent for those matters that are deferred to it by common law, so this is different from patriarchal synod of bishops.
§2: Must keep the Apostolic See informed of what laws have passed; but must receive a proof from Rome that they have received them, then can be promulgated. What does this mean? Is it an approval? Or just to say they got them? Probably the first.
Cf. Ruthenian Church in Pittsburgh: law about married clergy. Not accepted in US. But Ruthenians said they would allow it. Made the law, sent to Rome and waited for notification. But Rome intervened and finally Rome required modification of the laws.
Patriarchal church has to inform Rome but no recognition or approval is required.
Metropolitan church has to have approval or recognition before promulgation. No delay is mentioned. There is no time-frame for Rome to respond, so they really don’t have to. That is not a consent but a brake.
§4: Administrative acts which usually would be done by the metropolitan himself, but with consent of council of hierarchs for other types of acts. Metropolitan has very limited competence therefore. No mention of judicial power.
Name ‘council of hierarchs’ is not quite correct. It does not have a consultative role but a deliberative one – it votes. Most are not ordinaries even though the name would imply that.
Regarding elections – this council can only elect candidates.
c. 168 Compile lists, be secret, but both metropolitan and bishops are appointed by Rome
c. 169 Pastoral needs by council of hierarchs
c. 170 Convocation
c. 171 Statutes
c. 156 Must ask for a pallium from the Roman Pontiff; can’t convoke or ordain prior to reception of the pallium. So functions similarly to the ecclesiastical communion of the patriarch.
c. 157: Same as for the patriarch, ordinary and proper power but also personal. §2 only intra-territorial exercise
c. 158§2: Also eparchal bishop
c. 159 Other competencies
This list in large part corresponds to what a metropolitan can do inside a patriarchal church. But this one is also head of his church sui iuris. Particular for him is that he can convoke the council of hierarchs. He can intervene when the bishop/eparch has neglected to do required actions. Can communicate with the Roman pontiff as the head of his church sui iuris.
Ref 133: Notice the many similarities
c. 161 Commemorations in liturgy
c. 163 ad limina bishop (Patriarch also makes ad limina visit but with no set time frame – but it is recommended to come with his own bishops)
c. 172 Metropolitan assembly.
Ref c. 140-145 Which apply. There is no metropolitan curia
Ref c. 1064 Tribunals within are the same ones. Limited numbers of faithful.
c. 173: Vacant see – administrator is senior bishop within the church. Lacks the structures of the patriarchal church.
There is no mention of a need to resign at age 75 (as in the Latin church). Respect for the persons as heads of churches.
Relative autonomy with the Holy See:
Elected and requests ecclesial communion
Same but confirmed by Rome
Appointed by Rome
Powers of synod of bishops or council of hierarchs
Legislative Power, Must notify Rome, Liturgical Laws, apply everywhere, Discipline inside territory only, Judicial Power
Same as for Patriarchal Church
Legislative Power according to law; Laws must be received by Rome; All laws are valid only inside the territory
Election of bishops
Inside territory: Yes
Appointed by Rome
Election of candidates
Outside territory: Yes
Appointed by Rome
In Territory only
Chap. IV: Other Churches Sui Iuris and Collaboration
CCEO 174 Entrusted to a hierarch but presented in a negative way. We know its not that or that. Has a hierarch, is bound by common law and to the Roman pontiff.
These churches have very few faithful and sometimes only one hierarch. All the churches with no letter by their name (on the Oriental & Eastern Churches list) are these kinds of churches. Their situations vary.
Sometimes an eparch, sometimes an exarch, sometimes an apostolic administrator (e.g., Albanian Catholic Church). so very distinct situations. Mainly churches of the byzantine tradition.
Russian Catholic Church is sort of adrift at the moment. We don’t know what the head is, at the moment. There were apostolic exarchies at one time.
Križevci – former Yugoslavia – has one eparchial bishop.
Macedonian church – recently created and recognized, we don’t know anything about the head of that church.
Bulgarian, same situation, Greek has 2 exarchs so one of them must be head of the church.
CCEO 175 But they do constitute each a church sui iuris that is immediately subject to Rome. Ref c.159 §§3-8, are by delegation from Rome. §1 and §2 simply don’t apply to these churches.
CCEO 176 Legislative power: must have consent of the Apostolic See. He can essentially edit the law but….
If synodality is a characteristic of Eastern churches, where is that in these single head churches? Is it with the pontiff?
Several of these churches were flourishing before Communism and were either suppressed or lived a sort of clandestine existence. After Communism the Holy See wanted to support these communities. The thing now is to see if they survive and grow or if they will die off. These are sort of maintenance churches.
CCEO 322 Assemblies of hierarchs of several churches sui iuris. This is the only canon about it. To promote collaboration between several churches especially when they occupy the same territory.
§1: unity of action is sought, even with the Latin church
§2: no juridically binding force unless…. So normally these are consultative in nature. With some exceptions: can become binding if several conditions are fulfilled but …. Only if these three conditions are met can they attain binding force.
§3 another safeguard for the independence of each church sui juris
§4 each assembly needs it s own statutes approved by AS. Can even include those who are non-catholic churches all to promote unity of action.
Annuaria Pontificio – there are several of these assemblies – Egypt presided by Coptic patriarch, appointed in 1992; Lebanon by Maronite patriarch. Syria, presided by Greek-Melkite patriarch. Holy Land presided by Jerusalem (Latin) patriarch, approved 1992 as an experiment. Iraq, part of Chaldean Church, Iran and Episcopal conference by Archbishop of Isphahan (Latin) approved in 1997.
In these countries it’s very interesting to have this kind of assembly. Can also exist in other countries outside the territories. Could exist in the United States or Europe. ‘nation’ or ‘region’ doesn’t mean intra-territorial.
A word about the Latin patriarch of Jerusalem - in fact we also have Latin patriarchs,
All these are only honorific titles. But these people are far away from the model we just studied. Jerusalem in fact is just a diocesan bishop. He does not have a synod of bishops, etc., and this is because of the history of the see.
In history it was a difficult problem – reestablished, abolished, reestablished etc. No power in the sense of Eastern patriarchs. No precedence equality with eastern patriarchs. Might have some precedence within the Latin church. Patriarch of Venice.
Interecclesial questions - CCEO 1 - speaks of eastern catholic churches, unless otherwise expressly establihed. E.g. 1, . Canon 111-112 on baptism making one a member of a Church (another autonomous 'ritual' Church). Therefore what applies to a CSI (church sui iuris) should also apply to the Latins, even beyond the 10 canons that say so. CIC 1 - concerns the latin church, but in fact it does speak of patriarchs at times.
Enrollment in a Church Sui Iuris 29-38.
Baptism One becomes a member of the church by baptism, is incorporated into Christ, into the church, in a CSI. Previously it was the liturgy of baptism that determined membership in a CSI. In case of 1. fraud, 2. no minister of their rite available, 3. permission of Holy See to change rites. CIC'17 756 - children follow parents, but somewhat complicated. Now law determines, CIC 111-112, and CCEO 29-38. CCEO Follows 1. Catholic Father, 2. Catholic, 3. by agreeement with mothers church (Culturally eastern. this is criticized by eastern hierarchs - but commission stood behind fundamental rights of both parents - it was abolished in 1988, second plenary assembly, pope reintroduced in final redaction - particular law of Apostolic See can derogate). CIC: Both latins, or by agreement, they can be latin. Other cases: 1) Unmarried mother - child follows mother, even in case of marriage invalid before the church, 2) foundling - ascribed to civilly legitimate caretakers; adoptive, like natural parents, 3) parents unbaptized: the CSI of the person who educates in catholic faith, e.g. sponsor. Canon 841 or CIC 868 baptism in danger of death.
Completed 14 years can freely select CSI. Canon 588 Catechumen can freely select, but culturally appropriate church should be recommended - how understand: local culture, ethnic roots. 14th year is discussed - (however, it is 18 years civilly, but again it is a fundamental rights question, and it was already promulgated in CIC).
Inducement Canon 31, not to induce change in CSI. There is a sanction Canon 1465.
Transfer Canon 32, can transfer with consent (for validity) of Holy See. Congregation for Eastern Churches is competent. CIC 112: license of holy see (for liceity). THis could end up invalidating a marriage because of procedure. Easier for latin to change. If both CSIs have a church in the territory, eparch's consent, consent of the holy see is presumed. Territory - is it national, episcopal conference. The drafter seems to be thinking of the east. (leaving by formal act - then join eastern? probably tag up with own church first.) What about latins? rescript in AAS 26 nov 1992, given latin faithful the possibility of using canon 32. However, if easterner wants to transfer to the west, it is not clear if they can use this procedure. Depends if you think CSI means latins; but no explicit mention of Latins.
Transfer De Iuris CCEO - wife can transfer to husband's CSI on marriage. Latin code permits either spouse to change. CIC 112. Favors unity of rite - but it isn't exactly parallel. She can transfer, but doesn't have to. Canon 34, if parents transfer, kids under 14 transfer automatically. If only one transfers, the kid can transfer if the parents agree. Automatic transfers can be undone when the kid becomes 14 (fundamental rights).
Baptized non-Catholics orthodox maintain their rites; protestants. In the former legislation they had free choice. VCII recommended maintaining the rites. They want to show orthodox that becoming catholic doesn't mean becoming latin. RomanReplies: Armenian woman living as a latin, received, she knew she had to be Armenian Catholic becaue her parish was 600 miles distant, but went to Rome, and asked to be latin, The armenian church is mingled with the nation so it is a delicate question, so they didn't accept the transfer (human rights). Protestant - should go to Latin, if you apply the CCEO to the Latin code - Lacuna legis.
Form Canon 36 before local hierarch or proper pastor or priest delegated and two witnesses. Canon 37 - record in baptismal record or CSI. Canon 38 attending church doesn't change ascription.
Observance Canon 39-41 - Richness of tradition, Hierarchs preserve patrimony, 41 - latins are obliged to know and respect easterner's rights.
Pastoral Care in Diapora
Canon 148 patriarch has right and obligation to get info on diaspora - even through a visitor. 1. assent of Holy See, 2. present to eparch. 3. Report to patriarch and council. 4. can make recommendations to Holy See, even to erect eparchies or parishes. Article 59 Pastor Bonus - Cong. for Eastern Churches visitors, aids in establishing hierarches. These are often bishop and celebrate sacraments. Exarchy is an eparchy wannabe, like apostolic vicariate, etc. Canon 311 ff Normally patriarch is limited to his territory for validity. He can ordain and enthrone extraterritorial hierarchs.
Extraterriotrial hierarchs liturgical law is in force everywhere, but disciplinary law is limited to territory, but Canon 150: EH, can adopt this disciplinary law. Canon 206: 5 year report to Rome and if Patriarchal or Metropolitan, they get a copy as well. Major archbishop is included here. Canon 208: territorial to visit tombs, if possible when patriarch visits. Canon 210 submit resignation @ 75 to roman pontiff, and inform patriarch. No metropolitan for extraT - so eparch requests this.
Vacant See Protosyncellus, convokes college, elect a administrator. Exarchy is a little different - it' smaller. it just goes to protosyncellus, or senior priest. They may be invited to episcopal conference, but only with consultative vote. But episcopal conference statutes can give them more rights. Armenian eparch is directly under the holy see - Ukrainian eparch is 'like' a suffragan of the Archbishop of Paris. Ukranian has cummulative power - if he has jurisdiction over those in Lyon, he also has to be aware that the bishop of lyon may have rights; e.g. in erecting parishes. Exarch had been cummulative power, eparch is often exclusive.
Ecclesiastical Tribunal In France the exarch of Ukrainians said his people could address the latin tribunal locally or the archdiocese of Paris as ordinary for easterners without their own bishop. Armenian eparch, for a time Rome said local tribunals are competent, but he isn't sure now. Process law follows tribunal, grounds of nullity should follow eastern code. ET exarch / eparch can creat parishes, or designate another CSI probably even latin.
Chapter 3 Eastern Faithful entrusted to another Church Sui Iuris
Hierarch if there is no eparch, then the local hierarch. If several, Apostolic see designates, or Patriarch. CIC 383.2 Latin bishop to care for easterners in his church. VCII CD23. CIC 476, 383, Episcopal Vicar can be appointed, but need not be same rite. Priest celebrates in his own rite, unless there is special faculty in apostolic see - biritualism. CIC 383 = Canon 192 more detailed than the latin canon, earlier draft said even a latin bishop should do this (pope took this out). There should be a plan, consulting patriarchs. Mainly applies to easterners, but may be a guide for latin bishops. There is a paragraph about eastern migrants in an instruction - even if 193.3, doesn't apply directly to latin bishops, it should be applied by analogy. date: 3 may 2004. Canon 207 - hierarchs 5 yr report on eastern Catholics living in their local church.
Clerical Formation Canon 328 Seminarians of several churches in the same seminary. - Normally every local church has its own seminary, if not possible they can have a common seminary. Formation program should be adapted, especially liturgy. Even if not applied to latin seminaries explicitly, it seems it should apply. Canon 327 - several eastern churches still have minor orders: who can confer, when are they conferred? Canon 747-8: Bishop of eparchy of residence or eparchy where cleric will serve can ordain. If bishop isn't same rite, he needs permission of the holy see. Instr. for Appying CCEO - published in US 1976 - for liceity. If it's not resident or incardination bishop, he needs dimissorial letters Canon 752. CIC 101 - jurisdiction and membership in the same church. The CCEO speaks of ascription, not incardination. Eastern cleric can be ascribed in a latin diocese - esp if they are second or third generation migrant.
Married Clergy Coptic and Syro-Malabar don't have married clergy, unless they come from Orthodox. Some latinization in some churches. Canon 373 Priestly celibacy is esteemed by the entire church, married clergy in primitive church and eastern church through the ages = honor. Ordination Canon 758.3 - governed by CSI. Canon 769: consent of wife and certificate of marriage required. 192.5 provide for cleric and family, if married. CCEO Protopresbyter - vicar forane, cares for priests and families. Parish priest - have to have good morals in family as well. 19th Century, many eastern faithful went to US with their own clergy. Thought the latin faithful would be misunderstand. Asked Rome for only celibate clergy, first for Ruthenians. 1890. 1913 norms for Canada - only celibate to be ordained. Then 1929-1930 3 decrees of Cong. for Eastern Churches prohibiting married clergy in US. Later enlarged to other churches in US, then other regions. Now prohibition for married clergy in Americas and Australia. CCEO 6 abolished contrary canons - Cong. for Eastern Churches still prohibition for married clergy stands - as if this would prevent married clergy in the Latin. Eastern Catholics convert to Orthodox over this. So the rule is becoming ignored.
Ordinariate of Eastern Faithful for those without their own bishop. In Paris in 1954. cared for seminarians, erected parishes, report to holy see. Cummulative jurisdiction. This has been problematic, the eastern ordinary is higher, but they have to get agreement of local ordinary for some decisions for validity, e.g. erection of parishes, and nomiation of parish priest. There are a lot of practical problems of visas for clergy and religious. It isn't automatically the ordinary of the Latins. Eastern code doesn't speak of this, it's only the 906.5 the entrusting of them to the local hierarch. Along the law praeter ius.
Chapter 4 Marriage
Theology and Concept of Marriage CCEO 776 definition of natural marriage and theology of marrige. .2 on Xn marriage. CIC mixes natural and christian marriage, and introduces the notion of contract. God is the actor in the marriage - Modeled on Christ / Church. Consecrated spouses.
General Rules Canon 780 Marriage of catholics goverened by canon law. 780.2 Says non-catholic christian partner's marriage is observed. “Churches” have 'real bishops', ecclesial communities have only spiritual succession, so canon law doesn't recognize this. Apply impediments of non-catholic christian. Apply: divine law, catholic law, proper law of partner, civil law of place of celebration of marriage. Canon 781 Validity / nullity is based on law that applied at the time of marriage. Consent must be public before an official. If eastern orthodox, there must be a sacred rite. Dignitas Conubii 2005. Instruction concerns only latin tribunals. This picks up notions from CCEO.
Form for Celebration Canon 828 Many differences. Rite: assisting by hierarch or pastor and blessing. Can be delegated priest. Blessing has a juridical value, whereas latin is more consent focused. Canon 829: competence, in canonical possession, validly bless in territory, if one is ascribed in the CSI. Patriarch anywhere in the world for members of his CSI though normally his power is limited to territory. Can delegate in their territory, to another priest, even another CSI even a latin.
Place west has historical preference for parish of bride, but this is gone now. Canon 831.2 prefers parish of Groom. Canon 832 if no possibility for priest: danger of death, or 1 month, before two witnesses. Canon 835 Dispensation from Apostolic see or Patriarch, for a most grave cause - in latin code, the bishop can dispense. Canon 837 marriage by proxy (this is from contract law) it isn't possible to have a spiritual proxy.
Impediments only those for validity are listed. Canon 800ff. Abducted 'person' can't marry, in the west it is an abducted 'woman'. Canon 790 An impediment for one is an impediment for the marriage. Canon 809 - Affinity invalidates a marriage in the direct line in any degree whatsoever; in the collateral line, in the second degree. - the collateral impediment isn't in the Latin. Canon 811 spiritual relationship is an impediment (sponsor & parents). No conditional marriage (more nuanced in west). In conflict of laws, work out. 813-816.
Form of Celebration Canon 833 form of communicatio in sacris - similar to latin code.
Monastic and Religious Life
Transfer in Monasteries
A member cannot transfer from one monastery sui iuris to another of the same confederation without written permission of the president of the confederation.
For a transfer from a non-confederated monastery to another monastery subject to the same authority, the permission of the same authority is required; but if the monastery to which the transfer is sought is subject to another authority, the permission of this authority is also required.
The patriarch, the eparchial bishop and the president of the confederation cannot grant this permission except after having consulted the superior of the monastery sui iuris from which the transfer is sought.
For a valid transfer to a monastery of another Church sui iuris the permission of the Apostolic See is required.
The transfer occurs by the admission of the superior of the new monastery sui iuris with the consent of the synaxis.
The one who transfers to another monastery sui iuris of the same confederation does not make the novitiate nor make a new profession, and from the day of the transfer he loses all rights and is released from the obligations towards the previous monastery and takes on the rights and duties of the second, and is enrolled in it as a cleric, if he is a cleric.
The one who transfers from one monastery sui iuris to another monastery sui iuris that does not belong to any confederation or belongs to a different one shall observe the prescription of the typicon of the monastery to which he or she transfers in respect to the obligation to make a novitiate and profession. If there is no provision for it in the typicon, the person does not make the novitiate nor a new profession, but the effects take place from the day of transfer, unless the superior of the monastery requires the person to go through some probationary period, not longer than a year, in the new monastery. When the probationary time has passed, he or she either shall be enrolled permanently in the new monastery by the Superior with the consent of the council or synaxis in accordance with the typicon, or shall return to the previous monastery.
In the transfer from a monastery sui iuris to an order or congregation cann. 544 and 545 are to be observed, with the necessary adaptations.
The monastery sui iuris from which the member transferred keeps the goods which had been already acquired by it because of or through the member. In respect to a dowry, it belongs to the monastery to which transfer occurs, from the day of the transfer, without the revenues that have accrued.
Sodalis non potest transire a monasterio sui iuris ad aliud eiusdem confoederationis sine consensu scripto dato Praesidis confoederationis.
Ad transitum a monasterio non confoederato ad aliud monasterium eidem auctoritati subiectum requiritur consensus eiusdem auctoritatis; si vero monasterium, ad quod transitus fit, alii auctoritati subiectum est, requiritur etiam consensus huius auctoritatis.
Patriarcha, Episcopus eparchialis et Praeses confoederationis hunc consensum dare non possunt nisi consulto Superiore monasterii sui iuris, a quo transitus fit.
Ad validitatem transitus ad monasterium alterius Ecclesiae sui iuris requiritur insuper consensus Sedis Apostolicae.
Transitus fit admissione a Superiore novi monasterii sui iuris de consensu Synaxis concessa.
Transiens ad aliud monasterium sui iuris eiusdem confoederationis nec novitiatum peragit nec novam professionem emittit et a die transitus amittit iura et solvitur ab obligationibus prioris monasterii, alterius iura et obligationes suscipit et, si clericus est, eidem etiam ut clericus ascribitur.
Transiens a monasterio sui iuris ad aliud monasterium sui iuris ad nullam vel ad diversam confoederationem pertinens servet praescripta typici monasterii, ad quod fit transitus, circa obligationem peragendi novitiatum et emittendi professionem; si vero in typico de re non cavetur, nec novitiatum peragit nec novam professionem emittit, sed effectus transitus locum habent a die, quo transitus fit, nisi Superior monasterii ab eo exigit, ut aliquod tempas non ultra annum experimenti causa in monasterio transigat; transacto experimenti tempore aut a Superiore de consensu sui consilii vel Synaxis ad normam typici stabiliter novo monasterio ascribatur aut ad pristinum monasterium redeat.
In transitu a monasterio sui iuris ad ordinem vel congregationem serventur congrua congruis referendo cann. 544 et 545.
Monasterium sui iuris, a quo sodalis discedit, bona servat, quae ipsius sodalis ratione iam ei quaesita sunt; quod spectat ad dotem, ea debetur sine fructibus iam maturis a die transitus monasterio, ad quod transitus fit.
Transfer to another Institute
Within the territorial boundaries of the patriarchal Church a member can validly transfer to another religious institute with the written permission of the patriarch and with the consent of his or her own superior general and the superior general of the order or congregation to which he or she wishes to transfer, or, if a member wants to transfer to a monastery, of the superior of the monastery sui iuris; for the granting of their consent, the superiors require the previous consent of their council or, in a monastery, of the synaxis.
A member can validly transfer from a congregation of eparchial right to another religious institute of eparchial right with the written consent of the eparchial bishop of the place where the main house of the religious institute to which the transfer is to be made, after consultation with the superior general of the congregation from which the transfer is to be made, with the consent of the superior general of the congregation or the superior of the monastery sui iuris to which he or she transfers. For the granting of this consent the superiors need the prior consent of their council or, in a monastery, of the synaxis.
In other cases the member cannot validly transfer to another religious institute without the consent of the Apostolic See.
The consent of the Apostolic See is required for the validity of a transfer to a religious institute of another Church sui iuris.
The one who transfers must go through the entire novitiate, except if the superior general or the superior of the monastery sui iuris, each of them with the consent of the council, on account of special circumstances, reduces the time of the novitiate, but not below six months. During the novitiate, the vows remaining in force, the rights and particular obligations which the member had in the previous order or congregation are held suspended, and the member is bound by the obligation to obey the superiors of the new religious institute and the director of novices also in virtue of the vow of obedience.
After having completed the novitiate, one who was perpetually professed at the moment of transfer shall publicly make profession according to the statutes of the religious institute to which he or she transferred. By this new profession one is fully united to the new institute, and, if he is a cleric, he is enrolled in it as a cleric as well. But one who has thus far made temporary profession, shall make a temporary profession in the same manner for at least three more years, except in the case when he or she completed the entire novitiate of three years in the monastery sui iuris to which he or she transferred.
If the member does not make the profession in the religious institute to which he or she transferred, that member must return to the previous institute, unless in the meantime the time of profession has expired.
In respect to goods and dowry can. 488, §4 shall be observed.
In the case of transfer to another society of living in common according to the manner of religious or to a religious institute, the consent is required of the superior general of the society from which the transfer is being made and, if it is in regard to a transfer to a society of another Church sui iuris, also the consent of the Apostolic See.
A member who moves to another religious institute must go through the entire novitiate and is equivalent to other novices of the institute; with respect to profession, the statutes of the new institute are to be followed.
Without prejudice to cann. 497 and 498, in order to dismiss a member after perpetual incorporation, the superior general is competent, observing cann. 500-503, but a temporarily incorporated member is to be dismissed in accordance with can. 552.
It shall be determined in the statutes of the society the authority who is to dispense from the sacred bond.
Establishing Monasteries and Congregations
Eparchs can establish monasteries and congregations, with the prior written permission of Patriarch / Apostolic See.
Can. 435 §1 - Episcopi eparchialis est erigere monasterium sui iuris praevia licentia scripto data intra fines territori Ecclesiae patriarchalis Patriarchae aut in ceteris casibus Sedis Apostolicae.
Can. 506 §1 - Episcopus eparchialis erigere potest tantum congregationes; sed eas ne erigat nisi praevia licentia scripto data Sedis Apostolicae et insuper intra fines territori Ecclesiae patriarchalis nisi consulto Patriarcha.
–Apostolic Letter in the form of “Motu Proprio” of the Supreme Pontiff Francis on the modification of cann. 435 §1 and 506 §1 of the Code of Canons of the Eastern Churches, 07.12.2020