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 +{{keywords>Amy Hereford CSJ JCD Consultation Facilitation Covenant Webinar 1983 1917 canonical Canon Law Attorney Canonist Catholic Religious Life Nuns Webcast cssj sisters2.0 women lcwr rcri clsa sponsorship schools juridic person patrimony alienation commissary legal}}
 ======Book II - Part III====== ======Book II - Part III======
  **Institutes of Consecrated Life and Societies of Apostolic Life**   **Institutes of Consecrated Life and Societies of Apostolic Life** 
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 **Canon 579 Establishing Diocesan Congregations** **Canon 579 Establishing Diocesan Congregations**
-Provided the Apostolic See has been consulted, diocesan Bishops can, by formal decree, establish institutes of consecrated life in their own territories.+The diocesan bishop, in his own territory, can validly erect institutes of consecrated by formal decree with the prior written permission of the Apostolic See. (updated by motu proprio //Authenticum charismatis// Nov 2020). Previously: Provided the Apostolic See has been consulted, diocesan Bishops can, by formal decree, establish institutes of consecrated life in their own territories.
  
-  * Diocesan bishop can erect an institute, but must: consult the holy see - but actually they must approve - 1989 there was a discourse, but no formal legislation or instruction. Now, the consultation "is to be understood as necessary for the validity of the erection of a diocesan institute of consecrated life," according to a [[http://www.vatican.va/roman_curia/secretariat_state/parolin/2016/documents/rc_seg-st_20160511_parolin-rescritto-can579cdc_en.html|2016 rescript]]. Consult actually means you can follow or not. What about extraterritorial approval - diocese is split. What happens? Or the institute expands. The external authority is the diocesan bishop of the houses of the institute. The bishop of the diocese of the principal house has special duties. The essential changes in the life of an institute, and the question of hierarchy and what are internal matters will be spelled out in following canons.+  * Diocesan bishop can erect an institute with prior written approval. Previously the canon required consultation of the holy see. Then in 2016, a rescript on this canon was issued which says in part: “Therefore, in accordance with the view of the Pontifical Council for Legislative Texts, the Holy Father Pope Francis at the Audience accorded to the undersigned Secretary of State on 4 April 2016, has set forth that prior consultation with the Holy See is to be understood as necessary //ad validitatem// before establishing a diocesan institute of consecrated life, otherwise risking nullity of the decree of establishment of this said Institute. The present Rescript will be promulgated by way of publication in L’Osservatore Romano, and will enter into force, on 1 June 2016, and subsequently be published in the Acta Apostolicae Sedis. --from the Vatican, Cardinal Pietro Parolin, Secretary of State.”  
 +The entire rescript can be viewed at:  [[http://www.vatican.va/roman_curia/secretariat_state/parolin/2016/documents/rc_seg-st_20160511_parolin-rescritto-can579cdc_en.html|2016 rescript]]. Permission is also needed to establish a public association of the faithful with a view to becoming a religious institute: [[https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2022/06/15/220615e.html|2022 rescript]]The external authority is the diocesan bishop of the houses of the institute. The bishop of the diocese of the principal house has special duties. The essential changes in the life of an institute, and the question of hierarchy and what are internal matters will be spelled out in the following canons.
   * CF MR 57   * CF MR 57
  
-  * **PC 19:** In a new institute, look for for original inspiration, profession of evangelical counsels, good of the church and world as well as is this institute necessary and not duplicating other institutes, does it show promise of increase, and does it have the necessary resources. In the past bishops founded institutes with out specific charism, especially at the turn of the 19th century. This still happens.+  * **PC 19:** In a new institute, look for original inspiration, the profession of evangelical counsels, good of the church and world as well as is this institute necessary and not duplicating other institutes, does it show promise of increase, and does it have the necessary resources. In the past, bishops founded institutes without specific charism, especially at the turn of the 19th century. This still happens.
  
-  * **VC 12:** "The perennial youth of the Church continues to be evident even today. In recent years, following the Second Vatican Council, new or renewed forms of the consecrated life have arisen. In many cases, these are Institutes similar to those already existing, but inspired by new spiritual and apostolic impulses. Their vitality must be judged by the authority of the Church, which has the responsibility of examining them in order to discern the authenticity of the purpose for their foundation and to prevent the proliferation of institutions similar to one another, with the consequent risk of a harmful fragmentation into excessively small groups."+  * **VC 12:** "The perennial youth of the Church continues to be evident even today. In recent years, following the Second Vatican Council, new or renewed forms of the consecrated life have arisen. In many cases, these are Institutes similar to those already existing but inspired by new spiritual and apostolic impulses. Their vitality must be judged by the authority of the Church, which has the responsibility of examining them in order to discern the authenticity of the purpose for their foundation and to prevent the proliferation of institutions similar to one another, with the consequent risk of a harmful fragmentation into excessively small groups."
  
   * Founding a community begins with a small gathering in a house, radically living the gospel, following a particular call. They are generally in informal dialogue with the bishop. [[http://a.co/4RSRGar| //See I Am Making Something New - on founding an institute]]   * Founding a community begins with a small gathering in a house, radically living the gospel, following a particular call. They are generally in informal dialogue with the bishop. [[http://a.co/4RSRGar| //See I Am Making Something New - on founding an institute]]
-    * When a group begins to have a public presence in the local church they may become: 1) a de facto association, 2) a private association of the christian faithful, 3) a public association of the christian faithful. Book II Part I: Assns of the Xn Faithful: __De facto__ assn c. 298-299. draw up statutes. __Private Assn__. __Public Assn.__+    * When a group begins to have a public presence in the local church they may become: 1) a de facto association, 2) a private association of the Christian faithful, 3) a public association of the Christian faithful. Book II Part I: Assns of the Xn Faithful: __De facto__ assn c. 298-299. draw up statutes. __Private Assn__. __Public Assn.__
     * The bishop consults the Apostolic See before erecting a religious congregation.      * The bishop consults the Apostolic See before erecting a religious congregation. 
-    * The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (CICLSAL) is competent. They will generally require some indicia of vitality and stability, new spiritual and apostolic impulses, and authenticity of life and mission. Required for validity: AAS 108 (2016) 696  +    * The Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life (DICLSAL) is competent. They will generally require some indicia of vitality and stability, new spiritual and apostolic impulses, and authenticity of life and mission. Required for validity: AAS 108 (2016) 696  
-    * Pastor Bonus 105-111 outlines the role of CICL+    * [[https://press.vatican.va/content/salastampa/it/bollettino/pubblico/2022/03/19/0189/00404.html| //Predicate Evangelium// #121-127]] 
 +    * Art. 121 - It is the responsibility of the Dicastery to promote, animate and regulate the practice of the evangelical counsels, in the way it is lived in the approved forms of consecrated life, and also with regard to the life and activity of the Societies of Apostolic Life throughout the Latin Church. 
 +    * Art. 122 
 +      *§ 1. It is for the Dicastery to approve the Institutes of Consecrated Life and Societies of Apostolic Life, to erect them and also to grant the license for the validity of the establishment of an Institute of Consecrated Life or Society of Apostolic Life of diocesan right by the Bishop. 
 +      * § 2. Mergers, unions and suppressions of such Institutes of Consecrated Life and Societies of Apostolic Life are also reserved to the Dicastery. 
 +      * § 3. It is the responsibility of the Dicastery to approve and regulate forms of consecrated life that are new to those already recognized by law. 
 +      * § 4. It is the duty of the Dicastery to erect and suppress unions, confederations, federations of Institutes of Consecrated Life and Societies of Apostolic Life. 
 +    * Art. 123 - The Dicastery works to ensure that Institutes of Consecrated Life and Societies of Apostolic Life progress in the following of Christ as proposed by the Gospel, according to their own charism born of the spirit of the founder and sound traditions, faithfully pursue their own purposes and contribute effectively. to the building up of the Church and its mission in the world. 
 +    * Art. 124 -  
 +      * § 1. In accordance with canonical norms, the Dicastery deals with the issues of competence of the Apostolic See regarding the life and activity of the Institutes of Consecrated Life and Societies of Apostolic Life, in particular with regard to: 
 +        * 1. the approval of the Constitutions and their amendments; 
 +        * 2. the ordinary government and the discipline of the members; 
 +        * 3. the incorporation and training of members, including through specific rules and directives; 
 +        * 4. temporal goods and their administration; 
 +        * 5. the apostolate; 
 +        * 6. extraordinary government measures. 
 +      * § 2. The following are also the responsibility of the Dicastery, according to the norm of law: 
 +        * 1. the passage of a member to another approved form of consecrated life; 
 +        * 2. the extension of absence and exclaustration beyond the term granted by the supreme moderators; 
 +        * 3. the indult to leave members with perpetual vows from Institutes of Consecrated Life or Societies of Apostolic Life of pontifical right; 
 +        * 4. the exclaustration imposed; 
 +        * 5. the examination of appeals against the decree of dismissal of the members. 
 +    * Art. 125 - It is the responsibility of the Dicastery to erect the International Conferences of Major Superiors, to approve their Statutes and to ensure that their activity is ordered to its own purposes. 
 +    * Art. 126 -  
 +      * § 1. The eremitical life and the Ordo Virginum are forms of consecrated life and as such are subject to the Dicastery. 
 +      * § 2. It is the responsibility of the Dicastery to establish associations of the Ordo Virginum at the international level. 
 +    * Art. 127 - The competence of the Dicastery also extends to Third Orders and associations of the faithful erected with a view to becoming an Institute of Consecrated Life or a Society of Apostolic Life. 
 +    * The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (CICLSAL) was the former name organized by //Pastor Bonus// 105-111:
       * Art. 105 — The principal function of the Congregation for Institutes of Consecrated Life and for Societies of Apostolic Life is to promote and supervise in the whole Latin Church the practice of the evangelical counsels as they are lived in approved forms of consecrated life and, at the same time, the work of societies of apostolic life.       * Art. 105 — The principal function of the Congregation for Institutes of Consecrated Life and for Societies of Apostolic Life is to promote and supervise in the whole Latin Church the practice of the evangelical counsels as they are lived in approved forms of consecrated life and, at the same time, the work of societies of apostolic life.
-      * Art. 106 — § 1. The Congregation erects and approves religious and secular institutes and societies of apostolic life, or passes judgement on the suitability of their erection by the diocesan bishop. It also suppresses such institutes and societies if necessary.+      * Art. 106 — § 1. The Congregation erects and approves religious and secular institutes and societies of apostolic life, or passes judgment on the suitability of their erection by the diocesan bishop. It also suppresses such institutes and societies if necessary.
       * § 2. The Congregation is also competent to establish, or, if need be, to rescind, the unions or federations of institutes and societies.       * § 2. The Congregation is also competent to establish, or, if need be, to rescind, the unions or federations of institutes and societies.
-      * Art. 107 — The Congregation for its part takes care that institutes of consecrated life and societies of apostolic life grow and flourish according to the spirit of their founders and healthy traditions, faithfully follow their proper purpose and truly benefit the salvific mission of the Church. +      * Art. 107 — The Congregation for its part takes care that institutes of consecrated life and societies of apostolic life grow and flourish according to the spirit of their founders and healthy traditions, faithfully follow their proper purpose, and truly benefit the salvific mission of the Church. 
-      * Art. 108 — § 1. It deals with everything which, in accordance with the law, belongs to the Holy See concerning the life and work of the institutes and societies, especially the approval of their constitutions, their manner of government and apostolate, the recruitment and training as well as the rights and obligations of members, dispensation from vows and the dismissal of members, and the administration of goods.+      * Art. 108 — § 1. It deals with everything which, in accordance with the law, belongs to the Holy See concerning the life and work of the institutes and societies, especially the approval of their constitutions, their manner of government and apostolate, the recruitment and training as well as the rights and obligations of members, a dispensation from vows and the dismissal of members, and the administration of goods.
       * § 2. However, the organization of philosophical and theological studies and other academic subjects comes within the competence of the Congregation of Seminaries and Institutes of Studies.       * § 2. However, the organization of philosophical and theological studies and other academic subjects comes within the competence of the Congregation of Seminaries and Institutes of Studies.
-      * Art. 109 — It is the function of this Congregation to establish conferences of major superiors of men and women religious, to grant approval to their statutes and to give great attention in order that their activities are directed to achieving their true purpose. +      * Art. 109 — It is the function of this Congregation to establish conferences of major superiors of men and women religious, to grant approval to their statutes, and to give great attention in order that their activities are directed to achieving their true purpose. 
-      * Art. 110 — The Congregation has competence also regarding eremetical life, the order of virgins and their associations as well as other forms of consecrated life.+      * Art. 110 — The Congregation has competence also regarding eremitical life, the order of virgins and their associations as well as other forms of consecrated life.
       * Art. 111 — Its competence also embraces the third orders and associations of the faithful which are erected with the intention that, after a period of preparation, they may eventually become institutes of consecrated life or societies of apostolic life.       * Art. 111 — Its competence also embraces the third orders and associations of the faithful which are erected with the intention that, after a period of preparation, they may eventually become institutes of consecrated life or societies of apostolic life.
   * File is sent to Rome with required documents. 1) name and CV of founder and superior. 2) historical / juridical narrative. 3) Constitution and secondary document. 4) Picture of habit. 5) Up-to-date membership statistics. 6) Finances. 7) Extraordinary experiences and miracles. 8) Testimonial letters from bishops on usefulness, stability, discipline, formation, government, temporal administration, liturgical & sacramental dimension, ecclesial sense.   * File is sent to Rome with required documents. 1) name and CV of founder and superior. 2) historical / juridical narrative. 3) Constitution and secondary document. 4) Picture of habit. 5) Up-to-date membership statistics. 6) Finances. 7) Extraordinary experiences and miracles. 8) Testimonial letters from bishops on usefulness, stability, discipline, formation, government, temporal administration, liturgical & sacramental dimension, ecclesial sense.
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   * CICLSAL likes about 5-10 years in each step. and about 40 people for diocesan and 100 for pontifical. Prefers orderly approach: private assn, public assn, diocesan, pontifical.   * CICLSAL likes about 5-10 years in each step. and about 40 people for diocesan and 100 for pontifical. Prefers orderly approach: private assn, public assn, diocesan, pontifical.
   * Some associates and oblates associated to older institutes. Not to be religious, but canonical and associated.   * Some associates and oblates associated to older institutes. Not to be religious, but canonical and associated.
-  * This is examined by two persons and forwarded to Prefect. CDF may be consulted. In granting the Nihil obstat is received, the bishop can erect as diocesan bishop. Superior professes vows before bishop. Then the rest profess vows before the superior.   [[http://a.co/1nAtBuC | See I am Making Something New]]+  * This is examined by two persons and forwarded to Prefect. CDF may be consulted. In granting the Nihil obstat is received, the bishop can erect as diocesan bishop. Superior professes vows before the bishop. Then the rest profess vows before the superior.   [[http://a.co/1nAtBuC | See I am Making Something New]]
  
  
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   * E.g. between Dominicans, Franciscans, Carmelites, Benedictines.    * E.g. between Dominicans, Franciscans, Carmelites, Benedictines. 
   * Sharing resources, spirituality, and mission, while remaining autonomous institutes.    * Sharing resources, spirituality, and mission, while remaining autonomous institutes. 
-  * Under the authority of the agreggating institute.+  * Under the authority of the aggregating institute.
  
 **Canon 581 Parts**  It is for the competent authority of the institute to divide the institute into parts, by whatever name these may be called, to establish new parts, or to unite or otherwise modify those in existence, in accordance with the __constitutions__. **Canon 581 Parts**  It is for the competent authority of the institute to divide the institute into parts, by whatever name these may be called, to establish new parts, or to unite or otherwise modify those in existence, in accordance with the __constitutions__.
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 **Canon 582 Restructuring**  Fusions and unions of institutes of consecrated life are reserved to the Apostolic See alone. To it are likewise reserved confederations or federations. **Canon 582 Restructuring**  Fusions and unions of institutes of consecrated life are reserved to the Apostolic See alone. To it are likewise reserved confederations or federations.
-  * Fusion - small institute gets joined to a larger one - small institute is suppressed.  +  * Fusion - small institute gets joined to a larger one - the small institute is suppressed.  
-  * Union - Two or more of same size join - all former institutes are suppressed and a new one is erected with new constitutions and new elections of leadership. +  * Union - Two or more of the same size join - all former institutes are suppressed and a new one is erected with new constitutions and new elections of leadership. 
   * Holy see ensures justice and the good of all institutes and local churches. There is a lengthy process to ensure all rights and obligations are respected.     * Holy see ensures justice and the good of all institutes and local churches. There is a lengthy process to ensure all rights and obligations are respected.  
-  * Federations are collaborative groups of independent congregations. Independent abbeys are completely responsible for everthing and they are urged to federate. Confederation is a federation of federations. E.g. the benedictines have congregations which are federations of independent houses. All these are confederated under an Abbot Primate. Same with Canons Regular of St. Augustine, also non-reformed Cistercians. OCSO is a federation of independent houses. The separate religious families have patrimony, and they have the structures of the same name, but they have different roles and functions within their institutes. What can be done on a lower level, it is best to do it here. But what about competence, e.g. in a small diocese without a vicar for religious. +  * Federations are collaborative groups of independent congregations. Independent abbeys are completely responsible for everything and they are urged to federate. Confederation is a federation of federations. E.g. the Benedictines have congregations which are federations of independent houses. All these have confederated under an Abbot Primate. Same with Canons Regular of St. Augustine, also non-reformed Cistercians. OCSO is a federation of independent houses. The separate religious families have patrimony, and they have the structures of the same name, but they have different roles and functions within their institutes. What can be done on a lower level, it is best to do it here. But what about competence, e.g. in a small diocese without a vicar for religious. 
   *CO requires contemplative monasteries to federate.    *CO requires contemplative monasteries to federate. 
  
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 **Canon 584 Suppression** Only the Apostolic See can suppress an institute and dispose of its temporal goods. **Canon 584 Suppression** Only the Apostolic See can suppress an institute and dispose of its temporal goods.
  
-  * This really applies to the apostolic orders. In abbeys, it isn't the institute that is important but the abbeys themselves and their suppression is a significant occurance, but internal to the institute. +  * This really applies to the apostolic orders. In abbeys, it isn't the institute that is important but the abbeys themselves and their suppression is a significant occurrence, but internal to the institute. 
   * Also, Canon 123: On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, are determined by law and the statutes. If these do not deal with the matter, the arrangements devolve upon the next higher juridical person, always with due regard for the wishes of the founders or benefactors and for acquired rights. On the extinction of a private juridical person, the arrangements for its goods and liabilities are governed by its own statutes.    * Also, Canon 123: On the extinction of a public juridical person, the arrangements for its patrimonial goods and rights, and for its liabilities, are determined by law and the statutes. If these do not deal with the matter, the arrangements devolve upon the next higher juridical person, always with due regard for the wishes of the founders or benefactors and for acquired rights. On the extinction of a private juridical person, the arrangements for its goods and liabilities are governed by its own statutes. 
   * Increasingly important as many institutes in Europe and North America are declining.    * Increasingly important as many institutes in Europe and North America are declining. 
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     * the admission and formation of members, and      * the admission and formation of members, and 
     * the proper object of their sacred bonds.      * the proper object of their sacred bonds. 
-  * §2 This code is approved by the competent ecclesiastical authority, and can be changed only with the consent of the same. +  * §2 This code is approved by the competent ecclesiastical authority and can be changed only with the consent of the same. 
   * §3 In the constitutions, the spiritual and juridical elements are to be aptly harmonized. Norms, however, are not to be multiplied without necessity.    * §3 In the constitutions, the spiritual and juridical elements are to be aptly harmonized. Norms, however, are not to be multiplied without necessity. 
   * §4 Other norms which are established by the competent authority of the institute are to be properly collected in other codes, but these can be conveniently reviewed and adapted according to the needs of time and place.   * §4 Other norms which are established by the competent authority of the institute are to be properly collected in other codes, but these can be conveniently reviewed and adapted according to the needs of time and place.
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     * incorporation, formation;     * incorporation, formation;
     * vows (proper object = way of observing).     * vows (proper object = way of observing).
-  * Way of governing springs from the charism - when law is written well, then you should be able to determine the spirit from that. Council of major superior is important to the way of a lifestyle - how would a carthusian council differ from an apostolic order.+  * Way of governing springs from the charism - when law is written well, then you should be able to determine the spirit from that. Council of major superior is important to the way of a lifestyle - how would a Carthusian council differ from an apostolic order.
   * In some communities, individual leadership is more important, in others, group leadership (chapter and council) is more emphasized.   * In some communities, individual leadership is more important, in others, group leadership (chapter and council) is more emphasized.
-  * Spiritual and juridic elements are to be suitably joined. The two should be linked in such a way as to show the link of norms and spiritual identity.  +  * Spiritual and juridic elements are to be suitably joined. The two should be linked in such a way as to show the link between norms and spiritual identity.  
-  * Constitutions are best short and concise. Elementary, core matters. What would make us different if we were changed. 1921, 1910 norms on how to make constitutions - too detailed. External approval makes it harder to change. Essentials are in constitutions; what is implementation is in 'other norms.' You only put things in the constitutions if you know why it is in that code - at that level of legislation. +  * Constitutions are best short and concise. Elementary, core matters. What would make us different if we were changed? 1921, 1910 norms on how to make constitutions - too detailed. External approval makes it harder to change. Essentials are in constitutions; what is implementation is in 'other norms.' You only put things in the constitutions if you know why it is in that code - at that level of legislation. 
   * CIC83 left more to individual institutes to determine than CIC17   * CIC83 left more to individual institutes to determine than CIC17
   * **"Member"**    * **"Member"** 
     * Sodales is used in the 1983 code, in preference to Religioso/i,a,ae in CIC17.     * Sodales is used in the 1983 code, in preference to Religioso/i,a,ae in CIC17.
-    * This is in an attempt to us a gender neutral term. However, it has caused some trouble in the interpretation. In the US, in English, the word "member" has been understood to include associates of religious institutes, volunteers, members of third orders, and various others etc. Generally when working with institutes, I will use the term Brothers or Sisters in preference, so that it is clearer what is meant. +    * This is in an attempt to use a gender-neutral term. However, it has caused some trouble in the interpretation. In the US, in English, the word "member" has been understood to include associates of religious institutes, volunteers, members of third orders, and various others etc. Generally, when working with institutes, I will use the term Brothers or Sisters in preference, so that it is clearer what is meant. 
  
 **Canon 588 Clerical nor Lay**   **Canon 588 Clerical nor Lay**  
   * §1 In itself, consecrated life is neither clerical nor lay.    * §1 In itself, consecrated life is neither clerical nor lay. 
   * §2 A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, presupposes the exercise of sacred orders, and is recognized as such by ecclesiastical authority.    * §2 A clerical institute is one which, by reason of the end or purpose intended by the founder, or by reason of lawful tradition, is under the governance of clerics, presupposes the exercise of sacred orders, and is recognized as such by ecclesiastical authority. 
-  * §3 A lay institute is one which is recognized as such by ecclesiastical authority because, by its nature, character and purpose, its proper role, defined by its founder or by lawful tradition, does not include the exercise of sacred orders. +  * §3 A lay institute is one which is recognized as such by ecclesiastical authority because, by its nature, character, and purpose, its proper role, defined by its founder or by lawful tradition, does not include the exercise of sacred orders. 
-  * Some institutes are neither clerical nor lay - Franciscan family has both clerical and lay - it is a way of life not an apostolate. Everyone can contribute to that way of life, priest or brother.  +  * Some institutes are neither clerical nor lay - The franciscan family has both clerical and lay - it is a way of life, not an apostolate. Everyone can contribute to that way of life, priest or brother.  
-  * CIC17 was pragmatic - you are clerical if a majority of the institute are clerics. A group may go back and forth, but at least the distinction is clear. Clerical = by tradition, under the direction of clerics, assumes exercise of sacred orders, and recognized as such. It gives more rights against the bishop, even if it is inconsistent with the way of life. The very notion of cleric has evolved - in the 12th century it was associated with the ability to read and write. +  * CIC17 was pragmatic - you are clerical if a majority of the institute are clerics. A group may go back and forth, but at least the distinction is clear. Clerical = by tradition, under the direction of clerics, assumes the exercise of sacred orders and recognized as such. It gives more rights against the bishop, even if it is inconsistent with the way of life. The very notion of cleric has evolved - in the 12th century, it was associated with the ability to read and write. 
   * Franciscans have a tradition of parity between brothers and priests. They have struggled to have brothers in leadership, even if there are priests in the province or congregation.    * Franciscans have a tradition of parity between brothers and priests. They have struggled to have brothers in leadership, even if there are priests in the province or congregation. 
 +  * **2022**: 2/11/22 effective 5/18/22, Pope Francis gave CICL the faculty to authorize, at the discretion and in individual cases, to non-members clerics the conferment of the office of major superior in clerical religious institutes of pontifical right and in clerical societies of apostolic life of pontifical right of the Latin Church and dependent on it, in derogation from can. 588 §2 CIC and the proper law of the Institute of consecrated life or of the Society of apostolic life, without prejudice to can. 134 §1.  [[https://ofm.org/en/the-pope-s-rescript-on-lay-brothers-who-can-become-major-superiors.html|Rescript]]
 +    - A  non-cleric member  of an Institute of consecrated life or a Society of clerical apostolic life of pontifical right is  appointed  local superior by the supreme moderator with the consent of his council.
 +    - A  non-cleric member  of an Institute of consecrated life or of a clerical society of apostolic life of pontifical right is  appointed  major superior, after having obtained a written license from the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life at the request of the Supreme Moderator with the consent of the Council.
 +    - A  non-clerical member  of an Institute of consecrated life or of a Society of clerical apostolic life of Pontifical Right  elected  Supreme Moderator or Major Superior, according to the modalities provided for by proper law, requires confirmation - by written license - of the Congregation for Institutes of consecrated life and Societies of apostolic life.
 +    - In the cases provided for in §§2-3, the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life reserves the right to evaluate the individual case and the reasons given by the Supreme Moderator or by the General Chapter.
  
 **Canon 589 Pontifical Right**  An institute of consecrated life is of pontifical right if it has been established by the Apostolic See, or formally approved by it. An institute is of diocesan right if it has been established by the diocesan Bishop and has not obtained a decree of approval from the Apostolic See. **Canon 589 Pontifical Right**  An institute of consecrated life is of pontifical right if it has been established by the Apostolic See, or formally approved by it. An institute is of diocesan right if it has been established by the diocesan Bishop and has not obtained a decree of approval from the Apostolic See.
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   * Diocesan bishop has external authority only; diocesan is a local reality - if it spreads, it may become pontifical.    * Diocesan bishop has external authority only; diocesan is a local reality - if it spreads, it may become pontifical. 
   * Holy See can found directly, though this is rare, e.g. 1980 reintegration of traditionalists. Also Benedictine monastery in France directly dependent on Holy See.   * Holy See can found directly, though this is rare, e.g. 1980 reintegration of traditionalists. Also Benedictine monastery in France directly dependent on Holy See.
-  * Apostolic institutes of women religious formally approved only in 1990, Leo XIII, //Condite a Christo//. +  * Apostolic institutes of women religious formally approved only in 1900, Leo XIII, //[[https://www.vatican.va/content/leo-xiii/la/apost_constitutions/documents/hf_l-xiii_apc_19001208_conditae-a-christo.pdf|Conditae a Christo]]//. 
  
 **Canon 590 Whole Church**  §1 Institutes of consecrated life, dedicated in a special way to the service of God and of the whole Church, are in a particular manner subject to its supreme authority. §2 The individuals are bound to obey the Supreme Pontiff as their highest Superior, by their sacred bond of obedience. **Canon 590 Whole Church**  §1 Institutes of consecrated life, dedicated in a special way to the service of God and of the whole Church, are in a particular manner subject to its supreme authority. §2 The individuals are bound to obey the Supreme Pontiff as their highest Superior, by their sacred bond of obedience.
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 **Canon 591 Exemption**  To provide for institutes and the needs of the apostolate, the Supreme Pontiff, can withdraw institutes of consecrated life from the governance of local Ordinaries and subject them to himself alone, or to some other. **Canon 591 Exemption**  To provide for institutes and the needs of the apostolate, the Supreme Pontiff, can withdraw institutes of consecrated life from the governance of local Ordinaries and subject them to himself alone, or to some other.
-  * Historical notion. Ex-emere bought out, set free. Identity and vocation bring a rightful autonomy - Freedom in the spirit, freedom of the children of God. In practice these concepts are mixed: exemption and rightful autonomy.  +  * Historical notion. Ex-emere bought out, set free. Identity and vocation bring a rightful autonomy - Freedom in the spirit, freedom of the children of God. In practice, these concepts are mixed: exemption and rightful autonomy.  
-  * First exempt institute was Cluny with daughter houses. Before all religious were under diocesan bishop as all the faithful. Time of western schism, popes tried to bind people to them by privileges, e.g. exemption of religious, most exempt. But ministry, fundraising was a problem for the bishop. They tried to abolish at Trent, but didn't succeed. CIC17: Canon 615* Regulares ... ab Ordinarii loci iurisdictione exempti sunt.... In order to let the religious be what they are. This is not a privilege, but essential.  +  * First exempt institute was Cluny with daughter houses. Before all religious were under a diocesan bishop as all the faithful. Time of western schism, popes tried to bind people to them by privileges, e.g. exemption of religious, most exempt. But coordination of ministry and finances was a problem for the bishop. They tried to exemption abolish at Trent, but didn't succeed. CIC17: Canon 615* Regulares ... ab Ordinarii loci iurisdictione exempti sunt.... In order to let the religious be what they are. This is not a privilege, but essential.  
-  * Exemption as a privilege in the old sense doesn't exist any more, this is replaced by __rightful autonomy.__ There is a larger autonomy for pontifical institutes. See Garcia Martin in CpR 60-63 (1979-1982) on exemption.+  * Exemption as a privilege in the old sense doesn't exist anymore, this is replaced by __rightful autonomy.__ There is a larger autonomy for pontifical institutes. See Garcia Martin in CpR 60-63 (1979-1982) on exemption.
  
 **Canon 592 Communion with Rome** §1 To promote communion, each supreme Moderator is to send a __brief__ account of the state and life of the institute to the same Apostolic See, in the manner and at the time it lays down. **Canon 592 Communion with Rome** §1 To promote communion, each supreme Moderator is to send a __brief__ account of the state and life of the institute to the same Apostolic See, in the manner and at the time it lays down.
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   * Ordinarii of canon 129.   * Ordinarii of canon 129.
  
-  * §3 The provisions of canons 131, 133 and 137-144 apply to the authority mentioned in §1.+  * §3 The provisions of canons 131, 133, and 137-144 apply to the authority mentioned in §1.
     * 131 Ordinary power comes from the office and delegated power is given by office-holder     * 131 Ordinary power comes from the office and delegated power is given by office-holder
     * 133 Use of delegated power     * 133 Use of delegated power
     * 137-8 Delegation and subdelegation of power     * 137-8 Delegation and subdelegation of power
-    * 139 Effect of approaching a higher days+    * 139 Effect of approaching a higher authority
     * 140-1 Delegation to several persons     * 140-1 Delegation to several persons
     * 142-3 cessation or suspension of power      * 142-3 cessation or suspension of power 
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       * and the institute's law,        * and the institute's law, 
     * and without impediment,      * and without impediment, 
-    * may be admitted. +    * may be admitted to an institute of consecrated life. 
   * §2 No one may be admitted without suitable preparation.    * §2 No one may be admitted without suitable preparation. 
  
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   * §1 __Besides__ institutes of consecrated life, the Church recognizes the life of hermits or anchorites, in which Christ’s faithful **withdraw** further from the world and devote their lives to the **praise** of God and the salvation of the world through the **silence of solitude** and through constant **prayer and penance.**   * §1 __Besides__ institutes of consecrated life, the Church recognizes the life of hermits or anchorites, in which Christ’s faithful **withdraw** further from the world and devote their lives to the **praise** of God and the salvation of the world through the **silence of solitude** and through constant **prayer and penance.**
   * §2 Hermits are __recognized by law__ as dedicated to God in consecrated life if, in the hands of the diocesan Bishop, they __publicly profess__, by a vow or some other sacred bond, the **three evangelical counsels,** and then lead their particular **form of life** under the **guidance** of the diocesan Bishop     * §2 Hermits are __recognized by law__ as dedicated to God in consecrated life if, in the hands of the diocesan Bishop, they __publicly profess__, by a vow or some other sacred bond, the **three evangelical counsels,** and then lead their particular **form of life** under the **guidance** of the diocesan Bishop  
-    * Groves, Robert. “Hermits & Consecrated Virgins.” Canon Law Society of America Proceedings 46 (1984): 141–148. Plan of life should include understanding of vows, solitude, relation to bishop, living, social dimension. [[http://a.co/1nAtBuC | See I am Making Something New]]+    * Plan of life should include understanding of vows, solitude, relation to bishop, living, social dimension. [[http://a.co/1nAtBuC | See I am Making Something New]]
     * Discernment of candidates and their formation could follow the canons on admission and formation in religious institutes. A good spiritual director and some theological formation are critical.     * Discernment of candidates and their formation could follow the canons on admission and formation in religious institutes. A good spiritual director and some theological formation are critical.
     * Plan of life should include living of the solitude and prayer charistic of the life, as well as the hermit's plan for work and self-support.     * Plan of life should include living of the solitude and prayer charistic of the life, as well as the hermit's plan for work and self-support.
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   * 1º to lead a life according to the character and proper purposes of the institute;   * 1º to lead a life according to the character and proper purposes of the institute;
   * 2º to exercise the works proper to the institute according to the norm of law and without prejudice to the conditions attached to the consent;   * 2º to exercise the works proper to the institute according to the norm of law and without prejudice to the conditions attached to the consent;
-  * 3º for clerical institutes to have a church, without prejudice to the prescript of can. 1215, §3 and to perform sacred ministries, after the requirements of the law have been observed.+  * 3º for clerical institutes to have a church, without prejudice to the prescript of can. 1215, §3 (Religious have to have special permission for a church, in addition to the permission for the house.) and to perform sacred ministries, after the requirements of the law have been observed.
   * Permission is granted with permission to establish a house.    * Permission is granted with permission to establish a house. 
   * There may be restrictions placed, but they should be reasonable.    * There may be restrictions placed, but they should be reasonable. 
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   * §2. The moderator of an autonomous house is a major superior by law.   * §2. The moderator of an autonomous house is a major superior by law.
     * These houses and monasteries are have no higher superior than their abbot, prior, etc.     * These houses and monasteries are have no higher superior than their abbot, prior, etc.
-    * Secular Canons are described in Canons 503-510. They are secular clerics living in community, with liturgical functions, often in the cathedral. Historically, they served as a council for the bishop. Now there are other structures within the diocese for this.+    * Secular Canons are described in Canons [[http://www.intratext.com/IXT/ENG0017/__P1R.HTM|503-510]]. They are secular clerics living in community, with liturgical functions, often in the cathedral. Historically, they served as a council for the bishop. Now there are other structures within the diocese for this.
     * Canons Regular are clerics living under a rule, generally the Rule of St. Augustine. Canons Regular of St. Augustine confederated at the request of Pius XII in 1959. Canons Regular of the Lateran or St. Saviour, which seems to date back to Pope Alexander II (1063). Order of the Canons Regular of Premontre; Norbertines founded by St. Norbert (1120). Order of the Holy Cross (Canons Regular) (Portugal - 1131) re-founded 1977. Canons Regular of the Order of the Holy Cross (the Crosiers), founded at Clair-lieu, near Huy, in Belgium, in 1211 - got down to 4 people and subsequently grew. They now have a provincial structure. Swiss Congregation of Canons Regular of Saint Maurice of Agaune. Gilbertine Order, a solely English order of canons regular, which became extinct under King Henry VIII. Canons Regular of the Immaculate Conception, a congregation of Canons Regular (France - 1871). Canons Regular of St. John Cantius (1998 - Chicago). Canons of the New Jerusalem (2002 - Wisconsin, then West Virginia).      * Canons Regular are clerics living under a rule, generally the Rule of St. Augustine. Canons Regular of St. Augustine confederated at the request of Pius XII in 1959. Canons Regular of the Lateran or St. Saviour, which seems to date back to Pope Alexander II (1063). Order of the Canons Regular of Premontre; Norbertines founded by St. Norbert (1120). Order of the Holy Cross (Canons Regular) (Portugal - 1131) re-founded 1977. Canons Regular of the Order of the Holy Cross (the Crosiers), founded at Clair-lieu, near Huy, in Belgium, in 1211 - got down to 4 people and subsequently grew. They now have a provincial structure. Swiss Congregation of Canons Regular of Saint Maurice of Agaune. Gilbertine Order, a solely English order of canons regular, which became extinct under King Henry VIII. Canons Regular of the Immaculate Conception, a congregation of Canons Regular (France - 1871). Canons Regular of St. John Cantius (1998 - Chicago). Canons of the New Jerusalem (2002 - Wisconsin, then West Virginia). 
  
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   * History: In many cases an institute was founded by a movement, e.g. canons regular. Then there came to be double monasteries, under a single superior, male or female. In some cases due to problems, they wanted to separate them, abbot remained superior of nuns with real dependence. Cistercian nuns. Other times, there was more autonomy, but still affiliated to the order. Also with strict enclosure wouldn't let them attend general chapter. But this canon reorganizes and promotes the autonomy. There is a strong 'family' feeling between institute, and they organize life separate. Cistercians feel themselves one order but canons don't provide for this. So they hold chapter same time same place with joint sessions and spearate sessions.  __Polycarp Zachar__ describes history of cistercian nuns and organization of general chapters. Praem. nuns were deemed 'incapable' of organizing their general chapter.   * History: In many cases an institute was founded by a movement, e.g. canons regular. Then there came to be double monasteries, under a single superior, male or female. In some cases due to problems, they wanted to separate them, abbot remained superior of nuns with real dependence. Cistercian nuns. Other times, there was more autonomy, but still affiliated to the order. Also with strict enclosure wouldn't let them attend general chapter. But this canon reorganizes and promotes the autonomy. There is a strong 'family' feeling between institute, and they organize life separate. Cistercians feel themselves one order but canons don't provide for this. So they hold chapter same time same place with joint sessions and spearate sessions.  __Polycarp Zachar__ describes history of cistercian nuns and organization of general chapters. Praem. nuns were deemed 'incapable' of organizing their general chapter.
  
-**Canon 615 Autonomous Monasteries** The house that is dependent from any other superior - the house is the institute, also under vigilance the diocesan Bishop. +**Canon 615 Autonomous Monasteries** If an autonomous monastery has no major Superior other than its own Moderator, and is not associated with any institute of religious in such a way that the Superior of that institute has over the monastery a real authority determined by the constitutions, it is entrusted, in accordance with the norms of law, to the special vigilance of the diocesan Bishop. 
-  * They may congregate or federate. One autonomous house may stand on its own. E.g. benedictine women. There may be a an abbot general, or external superior - or there may be other practical arrangement. In a Praem. convent, a diocesan bishop placed a prioress without reference to the abbot general. These are almost of diocesan right, but there is a clear distinction over internal and external - e.g. he might preside over election, but is not to influence the election. He must respect the autonomy. After the election the chair of the chapter asks acceptance - the election is an act of the chapter. The bishop can confirm, give force to what is done by someone else. +  * They may congregate or federate. One autonomous house may stand on its own. E.g. benedictine women. There may be a an abbot general, or external superior - or there may be other practical arrangement. These are almost of diocesan right, but there is a clear distinction over internal and external - e.g. he might preside over election, but is not to influence the election. He must respect the autonomy. After the election the chair of the chapter asks acceptance - the election is an act of the chapter. The bishop can confirm, give force to what is done by someone else. 
   * Vultum Dei and Cor orans have made Federations a requirement.    * Vultum Dei and Cor orans have made Federations a requirement. 
   * Cor orans adjusted the responsibilities of the diocesan bishop. Historically, some have been too active in the vigilance, some too passive.   * Cor orans adjusted the responsibilities of the diocesan bishop. Historically, some have been too active in the vigilance, some too passive.
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   * Often personal problems are better dealt with the personally with an individual leader - collective leadership brings wisdom.    * Often personal problems are better dealt with the personally with an individual leader - collective leadership brings wisdom. 
   * Administration of spiritual and temporal goods is not best confided to just one person.    * Administration of spiritual and temporal goods is not best confided to just one person. 
-  * The chapter puts up the big frame and the superior (and/or council) executes. +  * The chapter sets out the broad framework and the superior (and/or council) executes. 
  
 **ARTICLE 1: SUPERIORS AND COUNCILS** **ARTICLE 1: SUPERIORS AND COUNCILS**
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     * Temporary vows can be replaced with another type of bond or promise.     * Temporary vows can be replaced with another type of bond or promise.
   * Also greater active collaboration of candidates in their own formation, insights from the behavioral sciences, moving beyond detailed minutiae to integral formation, more flexibility left to individual institutes.   * Also greater active collaboration of candidates in their own formation, insights from the behavioral sciences, moving beyond detailed minutiae to integral formation, more flexibility left to individual institutes.
 +  * Stages: 
 +    * Screening and Discernment 
 +    * Pre-novitiate 
 +    * Novitiate 
 +    * Temporary Profession 
 +  * Requirements and criteria 
 +    * A community member to accompany those at each stage. 
 +    * A community and ministry  
 +    * Gradual growth and maturing in their vocation 
 +  
 **Canon 641 Right to Admit** The right to admit candidates to the novitiate belongs to the major Superiors, in accordance with the norms of the __institute's own law__. **Canon 641 Right to Admit** The right to admit candidates to the novitiate belongs to the major Superiors, in accordance with the norms of the __institute's own law__.
   * CIC17 required vote of council or chapter, now it is left to institute's own law to determine what is necessary. It also required a period of formation prior to novitiate.    * CIC17 required vote of council or chapter, now it is left to institute's own law to determine what is necessary. It also required a period of formation prior to novitiate. 
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 ===CHAPTER IV: OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS=== ===CHAPTER IV: OBLIGATIONS AND RIGHTS OF INSTITUTES AND OF THEIR MEMBERS===
  [[http://www.intratext.com/IXT/ENG0017/__P27.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P27.HTM|Latin]]  [[http://www.intratext.com/IXT/ENG0017/__P27.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P27.HTM|Latin]]
-  * All rights and obligations of the Christian Faithful (208-223) apply to religious as well. There are also rights and obligations associated with vows, superiors, councils, chapters, separation, etc. in other sections of the code, and in the proper law of each institute.  +**Rights in Canon Law** 
-  * No discussion of personal correspondence as was in CIC117. Also, the obligation of religious practices is placed on members rather than on the superiors as was in CIC17.+  * Obligations and Rights of the Christian Faithful 
 +  * Obligations and Rights of the Lay Christian Faithful 
 +  * Obligations and Rights of Clerics 
 +  * Obligations and Rights of Institutes and their Members. 
 + 
 +**Human and Civil Rights** 
 +  * Retained by Religious 
 +  * Choose to limit exercise 
 +  * Limit: Ownership, Family 
 +  * Interdependent use: education, work, residence 
 +  * Free association 
 +  * Conditions on membership 
 +   
 +**Christian Faithful** 
 +  * Obligations and Rights 
 +  * Each right implies an obligation 
 +  * Retained by members of religious institutes 
 +  * Limit the exercise of these rights 
 +  * Use in interdependence with the institute 
 + 
 +**Important Rights** 
 +  * Right and duty to express opinions (212) 
 +  * Right to choose state in life (Canon 219) 
 +  * Right to privacy and reputation (Canon 220) 
 +  * Right to due process and right of defense 
 +  * (Canon 221) 
 + 
 +**Canon 212** 
 +  * §1. Conscious of their own responsibility, the Christian faithful are bound to follow with Christian obedience those things which the sacred pastors, inasmuch as they represent Christ, declare as teachers of the faith or establish as rulers of the  
 +  * §3. According to the knowledge, competence, and prestige which they possess, they have the right and even at times the duty to manifest to the sacred pastors their opinion on matters which pertain to the good of the Church and to make their opinion known to the rest of the Christian faithful, without prejudice to the integrity of faith and morals, with reverence toward their pastors, and attentive to common advantage and the dignity of persons. 
 + 
 +**Canon 219*** 
 +  * All the Christian faithful have the right to be free from any kind of coercion in choosing a state of life. 
 + 
 +**Canon 220** 
 +  * No one is permitted to harm illegitimately the good reputation which a person possesses nor to injure the right of any person to protect his or her own privacy. 
 + 
 +**Right of Privacy / Reputation** 
 +  * Moderate their exercise of the right to privacy 
 +  * Not forfeited 
 +  * Shared information: screening, misconduct, personnel decisions 
 +  * Balancing Privacy and Reputation with necessary sharing and openness 
 +   
 +**Canon 221** 
 +  * §1. The Christian faithful can legitimately vindicate and defend the rights which they possess in the Church in the competent ecclesiastical forum according to the norm of law. 
 +  * §2. If they are summoned to a trial by a competent authority, the Christian faithful also have the right to be judged according to the prescripts of the law applied with equity. 
 +  * §3. The Christian faithful have the right not to be punished with canonical penalties except according to the norm of law. 
 + 
 +**Due Process / Defense** 
 +  * Fundamental fairness in administrative or judicial actions. 
 +  * Not fully spelled out in the code 
 +  * Defense of one's rights 
 +  * Assistance of canonical counsel 
 +  * Procedures 
 +  * Protect the integrity of the Church's legal system. 
 + 
 +----
  
 **Canon 662 Following Christ** Religious are to find their __supreme rule__ of life in the following of __Christ__ as proposed in the __Gospel__ and as expressed in the __constitutions__ of their own institute.  **Canon 662 Following Christ** Religious are to find their __supreme rule__ of life in the following of __Christ__ as proposed in the __Gospel__ and as expressed in the __constitutions__ of their own institute. 
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 §2 Each day the members are to make every effort to participate in the Eucharistic sacrifice, receive the most holy Body of Christ and adore the Lord himself present in the Sacrament.  §2 Each day the members are to make every effort to participate in the Eucharistic sacrifice, receive the most holy Body of Christ and adore the Lord himself present in the Sacrament. 
-  * Eucharist center of life – also linked to 608 requiring an oratory in the house. To the degree it is possible – in 1917 it was the superior who regulated. Absolute respect for conscience is proposed here. Only excluded are those excommunicates / interdicted, etc. 912, 915, 1331, 1332. For clerics, EM and ICM say you can't impose concelebration or forbid individual celebration.+  * Eucharist center of life – also linked to 608 requiring an oratory in the house. To the degree it is possible – in 1917 it was the superior who regulated. Absolute respect for conscience is proposed here. Only excluded are those excommunicates / interdicted, etc. 912, 915, 1331, 1332. For clerics, concelebration can't be imposed nor individual celebration forbidden.
   * Daily surrender to divine kenosis.   * Daily surrender to divine kenosis.
  
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 §5 They are faithfully to observe the period of annual retreat.  §5 They are faithfully to observe the period of annual retreat. 
-  * This is a seal on the spiritual journey. Proper law will supply the modality, type, duration, in accord with ancient practice of 5, 6 or 8 days. Also there are the periodic days of retreat, reflection and desert.+  * This is a seal on the spiritual journey. Proper law will supply the modality, type, and duration, in accord with the ancient practice of 5, 6 or 8 days. Also there are the periodic days of retreat, reflection and desert.
   * Sources:   * Sources:
     * 1. CD 33; PC 2,5,6; PO 18; RC 5; VS V; ET 42, 43, 45; MR, 16, 24; LMR II: 1     * 1. CD 33; PC 2,5,6; PO 18; RC 5; VS V; ET 42, 43, 45; MR, 16, 24; LMR II: 1
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     * 5. 126, 595.1.1; PO 18; ET 35     * 5. 126, 595.1.1; PO 18; ET 35
   * Connections: 246.3, 276.2.3 5, 608, 912, 915, 1331-1332, 1186   * Connections: 246.3, 276.2.3 5, 608, 912, 915, 1331-1332, 1186
-  * Other that Liturgy of the Hours for clerics, these are juridically imposed, but they are guidelines for good prayer. +  * Other than Liturgy of the Hours for clerics, these are not juridically imposed, but they are guidelines for good prayer. 
  
 **Canon 664 Conversion** Religious are earnestly to strive for the conversion of soul to God. They are to examine their consciences daily, and to approach the sacrament of penance frequently.  **Canon 664 Conversion** Religious are earnestly to strive for the conversion of soul to God. They are to examine their consciences daily, and to approach the sacrament of penance frequently. 
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   * 1° has __notoriously defected__ from the catholic faith;   * 1° has __notoriously defected__ from the catholic faith;
   * 2° has __contracted marriage__ or attempted to do so, even civilly.   * 2° has __contracted marriage__ or attempted to do so, even civilly.
 +  * 3° has __been absent__ from the religious house illegitimately, in accordance with can. 665  § 2, for twelve uninterrupted months, and is unreachable. [[https://w2.vatican.va/content/francesco/it/motu_proprio/documents/papa-francesco-motu-proprio-20190319_communis-vita.html| added by Communis Vita 2019]]
  
 §2 In these cases the __major Superior__ with his or her council must, after __collecting the evidence__, __without delay__ make a __declaration of the fact__, so that the dismissal is juridically established. §2 In these cases the __major Superior__ with his or her council must, after __collecting the evidence__, __without delay__ make a __declaration of the fact__, so that the dismissal is juridically established.
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   * Notorious defection is not the same as delicts of canon 751 that result in //latae sententiae// excommunication. E.g. if a religious joins another religion, or accepts ordination in another religion.   * Notorious defection is not the same as delicts of canon 751 that result in //latae sententiae// excommunication. E.g. if a religious joins another religion, or accepts ordination in another religion.
   * Marriage is proven through documentation. It does not include other offenses against the vow of chastity.   * Marriage is proven through documentation. It does not include other offenses against the vow of chastity.
 +§3. In the case provided for in § 1 no. 3, for this declaration to be legally established it must be confirmed by the Holy See; for the institutes of diocesan right the confirmation is up to the Bishop of the principal house. [[https://w2.vatican.va/content/francesco/it/motu_proprio/documents/papa-francesco-motu-proprio-20190319_communis-vita.html| added by Communis Vita 2019]]
  
 **Canon 695 Obligatory Dismissal** **Canon 695 Obligatory Dismissal**
- +  * Canon numbers corrected by 2021 revision to Book Six [[https://www.vatican.va/archive/cod-iuris-canonici/eng/documents/cic_lib6_en.pdf| Revised Book Six - English translation]] 
-§1 A member __must be dismissed__ for the offenses mentioned in cann. 1397, 1398 and 1395, unless, for the offenses mentioned in can. 1395 §2, the Superior judges that dismissal is not absolutely necessary; and that sufficient provision can be made in some other way for the amendment of the member, the restoration of justice and the reparation of scandal.+§1 A religious __must be dismissed__ from the institute for the offenses mentioned in cann. 1395, 1397 and 1398, unless, for the offenses mentioned in can. 1395 §2-3 and 1398 §1, the Superior judges that dismissal is not absolutely necessary; and that sufficient provision can be made in some other way for the amendment of the member, the restoration of justice and the reparation of scandal.
   * Canon 1397 - Homicide, kidnaping, detains, mutilates, or gravely wounds a person by force or fraud.   * Canon 1397 - Homicide, kidnaping, detains, mutilates, or gravely wounds a person by force or fraud.
   * Canon 1398 - Completed abortion.   * Canon 1398 - Completed abortion.
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   * Major superior is competent, and doesn't need the support of the council. Dismissal is required, there is no need for council.    * Major superior is competent, and doesn't need the support of the council. Dismissal is required, there is no need for council. 
   * There is no parallel in the Eastern code.    * There is no parallel in the Eastern code. 
 +
  
 **Canon 696 Discretionary Dismissal** **Canon 696 Discretionary Dismissal**
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   * Secret, collegial vote - all five vote, three must vote for dismissal.    * Secret, collegial vote - all five vote, three must vote for dismissal. 
  
-§2 In the autonomous monasteries mentioned in can. __615__, the judgment about dismissal belongs to the __diocesan Bishop__. The Superior is to submit the acts to him after they have been reviewed by the council.+§2 In the autonomous monasteries mentioned in can. __615__, the judgment about dismissal belongs to //the __major superior,__ with the consent of her council.//<del>__diocesan Bishop__. The Superior is to submit the acts to him after they have been reviewed by the council.</del> 
 +  * Changed by //CQD (Competentias quasdam decernere)// '22
  
 **Canon 700 Decree of Dismissal** **Canon 700 Decree of Dismissal**
-The decree of dismissal has no effect unless it is __confirmed by the Holy See__, to whom the decree and all the acts are to be forwarded. If the matter concerns an institute of __diocesan__ right, the confirmation belongs to the __Bishop__ in whose diocese is located the house to which the religious belongs. For __validity__ the decree must indicate the __right of__ the person dismissed to have __recourse__ to the competent authority within __ten days__ of receiving notification of the decree. The recourse has a suspensive effect. +The decree of dismissal //issued in the case of a professed member takes effect from the time that it is communicated to the member concerned. //<del>has no effect unless it is __confirmed by the Holy See__, to whom the decree and all the acts are to be forwarded. If the matter concerns an institute of __diocesan__ right, the confirmation belongs to the __Bishop__ in whose diocese is located the house to which the religious belongs.</del> For __validity__ the decree must indicate the __right of__ the person dismissed to have __recourse__ to the competent authority within __thirty days__ of receiving notification of the decree. The recourse has a suspensive effect. 
-  * Authentic interpretation requires confirmation to be sought before the member is notified of the decree of dismissal. +  * [[https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2023/04/03/230403e.html|Changed to 30 days with effect May 7, 2023.]] 
 +  * <del>Authentic interpretation requires confirmation to be sought before the member is notified of the decree of dismissal.</del> 
   * Recourse against the decree of the SM, confirmed by CICL is to CICL, per an authentic interpretation. After that, recourse is to the Signatura.    * Recourse against the decree of the SM, confirmed by CICL is to CICL, per an authentic interpretation. After that, recourse is to the Signatura. 
   * Recourse against the decree of the SM, confirmed by the bishop is to the bishop, per an authentic interpretation. After that, recourse is to CICL then to the Signatura.    * Recourse against the decree of the SM, confirmed by the bishop is to the bishop, per an authentic interpretation. After that, recourse is to CICL then to the Signatura. 
   * The institute would pay the canonist and the expenses of this process.    * The institute would pay the canonist and the expenses of this process. 
 +  * Changed by //CQD (Competentias quasdam decernere)// '22
  
 **Canon 701 Effect of Dismissal** **Canon 701 Effect of Dismissal**
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 **Canon 728 Effect of Departure** When an indult to leave the institute has been lawfully granted, all bonds, rights and obligations deriving from incorporation cease. **Canon 728 Effect of Departure** When an indult to leave the institute has been lawfully granted, all bonds, rights and obligations deriving from incorporation cease.
  
-**Canon 729 Dismissal** A member is dismissed from the institute in accordance with the norms of cann. 694 and 695. The constitutions are also to determine other reasons for dismissal, provided they are proportionately grave, external, imputable and juridically proven. The procedure established in cann. 697-700 is to be observed, and the provisions of can. 701 apply to the person who is dismissed. +**Canon 729 Dismissal** A member is dismissed from the institute in accordance with the norms of cann. 694 **§ 1, 1 and 2** and 695. The constitutions are also to determine other reasons for dismissal, provided they are proportionately serious, external, imputable and juridically proven. The procedure established in cann. 697-700 is to be observed, and the provisions of can. 701 apply to the person who is dismissed. [[https://w2.vatican.va/content/francesco/it/motu_proprio/documents/papa-francesco-motu-proprio-20190319_communis-vita.html| reference to numbers 1 and 2 of 694 § 1 were added by Communis Vita 2019]] 
-  * Procedural safeguards established for religious life are observed.+  * Procedural safeguards established for religious life are observed. Communis Vita in 2019 added automatic dismissal for members of religious institutes who are illegitimately absent for 12 continuous months and unreachable, (Canon 694 §1.3). However, since community is not a constitutive element of secular institutes, this does not apply to them. 
  
 **Canon 730 Transfer** For a member to transfer from one secular institute to another, the provisions of can. 684 §§1, 2, 4 and 685, are to be observed. A transfer to or from another kind of institute of consecrated life requires the permission of the Apostolic See, whose instructions must be followed. **Canon 730 Transfer** For a member to transfer from one secular institute to another, the provisions of can. 684 §§1, 2, 4 and 685, are to be observed. A transfer to or from another kind of institute of consecrated life requires the permission of the Apostolic See, whose instructions must be followed.
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   * Canons 694-704 provide procedural norms for the involuntary dismissal of a member.    * Canons 694-704 provide procedural norms for the involuntary dismissal of a member. 
  
-Capparos 696 
-Hite 672 
-Torres 691 
/users/ahereford.org/htdocs/canonlaw/data/attic/book2.3.1552633030.txt.gz · Last modified: 2023/06/30 15:18 (external edit)