Papal Rescript clarifies procedure for establishing
diocesan religious Institutes
(Vatican Radio) Pope Francis
has issued a binding clarification of a question arising under Canon Law with
regard to the proper procedure for the creation of new diocesan Institutes of
Consecrated Life. Specifically, the Holy Father has, by way of Papal Rescript,
established that prior consultation by the local Ordinary who desires to erect
a new Institute of Consecrated Life within his jurisdiction and under his
authority, must have prior consultation with the Holy See before deciding to
erect any such new Institute.
The Secretary of the Pontifical
Council for Legislative Texts, Bishop Juan Ignacio Arrieta, told Vatican Radio
the Rescript does not require local Ordinaries to obtain permission, per
se, but only to consult with and hear from the Holy See (through the Congregation
for Institutes of Consecrated Life and Societies of Apostolic Life)
before proceeding.
“The bishop is always
responsible in his diocese – but he has to evaluate the answer, the opinion, of
the Congregation [for Institutes of Consecrated Life and Societies of
Apostolic Life]: after [hearing] the opinion of the Congregation, he
remains free to act in one sense or in the other; but he has to balance, to
think about, the opinion – the very high[ly regarded] opinion – of the
Congregation, and that is important – very important – even in diocesan
governance.”
The Rescript followed a
request from the Congregation for Consecrated Life, and came from the Holy
Father through the Secretary of State, Cardinal Pietro Parolin. The operative
sentences – which clarify the meaning of Canon 579 of
the Code of Canon Law – read: In the Audience granted to
the undersigned Secretary of State on April 4, 2016, the Holy Father ruled that
the prior consultation of the Holy See is to be understood as being necessary ad
validitatem for the erection of a diocesan Institute of consecrated
life, on pain of nullity of the decree of erection of the same Institute. This
rescript will be promulgated by publication in L'Osservatore Romano, entering
into force on 1 June 2016, and then published in the Acta Apostolicae Sedis.
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