St. Peter’s Dome. / dade72 via Shutterstock.
Vatican City, Feb 16, 2022 / 06:30 am (CNA).
In his 2013 apostolic exhortation Evangelii gaudium, Pope Francis expressed his desire to see a “healthy decentralization” in the Catholic Church. He used the term again in his latest amendments to the canon law of both the Latin and Eastern Churches, issued on Tuesday.
The changes were contained in the motu proprio Assegnare alcune competenze (“Assigning some competencies”). A motu proprio is a document issued by the pope “on his own impulse” and not at the request of an office of the Roman Curia. It is through this means that the pope is seeking to achieve decentralization. (There are currently 49 documents listed in the section of the Vatican website dedicated to Pope Francis’ motu proprios.)
In practice, the pope has imposed decentralization by centralizing decisions upon himself, without involving the Roman Curia — not even making use of the advice of local bishops, who are the chief recipients of the measures.
Formally, consultation takes place through the Council of Cardinals, established by Pope Francis at the beginning of the pontificate precisely to help him in the governance of the Church and to outline a general reform of the Curia.
Yet the pope has made almost all decisions outside the Council of Cardinals and not as part of the work of the council itself. The apostolic constitution reforming the Curia has still not been published after years of discussion. But Pope Francis indicated that it had been finalized in an interview last September.
The pope’s recent changes to canon law are more decisive than the Curia reform. Following recent custom, the title of the latest motu proprio is in Italian, not Latin, and it aims to transfer some powers of the Apostolic See to bishops.
This transfer is signaled by replacing the word “approval” with “confirmation” in specific sections of the Code of Canon Law. Bishops now can approve the publication of catechisms, the creation of a seminary in their territory, and guidelines for priestly formation, which can be adapted to the pastoral needs of each region. These decisions now only need confirmation from the Apostolic See.
Furthermore, the pope allows priests to be incardinated in a particular Church or religious institute and a “public clerical association” recognized by the Holy See. The exclaustration of religious men and women — the possibility of allowing a religious to live outside their institute for serious reasons — has been extended from three to five years.
Bishop Marco Mellino, secretary of the Council of Cardinals, told Vatican News that there was a substantial difference between “approval” and “confirmation” by the Holy See.
“Approval is the provision by which a higher authority (in this case, the Holy See), having examined the legitimacy and appropriateness of an act of lower authority, allows its execution,” he said.
“On the other hand, confirmation is the simple ratification of the higher authority, which gives the provision of the lower authority greater authority.”
“From this, it is clear that approval, compared to confirmation, involves a greater commitment and involvement of the higher authority. Therefore, it is clear that moving from requesting approval to requesting confirmation is not just a terminological change, but a substantial one, which moves precisely in the direction of decentralization.”
In 2017, Pope Francis published the motu proprio Magnum principium, which established that translations of liturgical texts approved by national episcopal conferences should no longer be subject to revision by the Apostolic See, which would in future only confirm them.
At the time, Cardinal Robert Sarah, then prefect of the Congregation for Divine Worship and the Discipline of the Sacraments, drew up a note on the subject, which interpreted the new legislation in a restrictive sense, underlining that this “did not in any way modify the responsibility of the Holy See, nor its competences concerning liturgical translations.”
But recognition and confirmation, Pope Francis replied in a letter, could not be put on the same level, and indeed Magnum principium “no longer maintains that translations must conform in all points to the norms of Liturgiam authenticam [the 2001 document establishing criteria for translations] as it was done in the past.”
The pope added that episcopal conferences could now judge the goodness and consistency of translations from Latin, albeit in dialogue with the Holy See. Previously, it was the dicastery that judged fidelity to Latin and proposed any necessary corrections.
This interpretative note from Pope Francis must also be applied to the latest motu proprio, although some questions remain open.
Much will depend on how the Vatican decides to apply its faculty of confirmation: whether it will choose simply to confirm decisions or, instead, enter more directly into the questions, offering various observations.
At the same time, bishops’ conferences will lose the guarantee of communion in decisions with the Apostolic See. They are more autonomous in some choices but always subject to confirmation from the Holy See. They are empowered but somehow under guardianship.
By favoring decentralization, Pope Francis wants to overcome the impasses that he experienced as a bishop in Argentina, also overcoming the perception that Rome is too restrictive and does not appreciate the sensitivities of local Churches.
On the other hand, a centralized law guarantees justice, balance, and harmoniousness. The risk of losing this harmony is always around the corner.
This point also arose when Pope Francis changed the procedures for matrimonial nullity. Even then, he had somehow forced the bishops to take up their responsibilities.
A year after the promulgation of the documents Mitis Iudex Dominus Iesus and Mitis et misericors Iesus, the pope gave a speech to the Roman Rota in which he stressed that the streamlined nullity process could not be entrusted to an interdiocesan court because this would distort “the figure of the bishop, father, head, and judge of his faithful,” making him “a mere signer of the sentence.”
This decision created difficulties for bishops in areas where interdiocesan courts largely functioned well, as in Italy. It was, therefore, no coincidence that Pope Francis, with yet another motu proprio, established a pontifical commission last November to ensure that the changes were applied in Italy.
The commission was established directly in the Roman Rota court, indicating that Pope Francis takes decisions that favor the autonomy of local Churches. But paradoxically, he does so by centralizing everything in his hands.
This is the modus operandi with which Pope Francis aims to unhinge an existing system to create a new one. The key to understanding this modus operandi is the phrase “good, soft violence” that he used to describe reforms in an address to members of the Vatican’s communication department in 2017.
At the end of this process, the bishops will be more autonomous, but also more alone. Without a harmonizing guide, there is a risk that each particular Church will adapt decisions to its own territory and create new doctrinal guidelines.
Who guarantees, in the end, that there will not be a repeat of the “Dutch Catechism” episode? In 1966, the bishops of the Netherlands authorized the publication of “A New Catechism: Catholic Faith for Adults.” The text was so controversial that Pope Paul VI asked a commission of cardinals to examine its presentation of Catholic teaching. Later, Pope John Paul II called a special assembly of the Synod of Bishops to discuss the issues raised by the episode.
And who guarantees now that the controversial texts produced by the “Synodal Way” in Germany will not be included in the training of priests by local episcopal conferences?
These questions remain open.
If the Holy See approaches the process of “confirmation” in harsh terms, then nothing will have changed. If it takes a more relaxed approach, there is the risk that there will be radical differences between particular Churches. The Catholic Church might then resemble a federation of bishops’ conferences, with similar powers and substantial differences — no longer unity in diversity, but rather variety reconciled by joint administrative management.
How the new rules are applied will show us whether this is the future that awaits the Church.
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Amen! Very ironically those claiming the signatories and others don’t follow proper “protocol” and are therefore disqualified, are actually denying people their basic ecclesial rights. It seems clear they just want this all to go away and thus find some way to induce people into silence, although not necessarily in a malicious way. And the quote from Caffarra is perfect: there is something almost bizarre and unhealthy about the denial by people there is something seriously wrong.
A very good advisory comment on the right to offer criticism to Hierarchy and a clear explanation of duty to do so. Bishop Athanasius Schneider Astana Kazakhstan offered similar advice some time ago explaining that even criticism of the Pontiff offered with due respect can have merit. Apart from fatalism another bogus criticism of those who authored the Correctio, and the Dubia is that such criticism diminishes the papacy and causes dissension. That the Holy Father must always be obeyed. However in the instance of AL there are no binding pronouncements in the contested section Ch 8. What is subject to criticism are premises leading as Cardinal Caffarra said to false conclusions. The Correctio claims there is evidence of heresy that “words, deeds, and omissions of Pope Francis make it clear beyond reasonable doubt that he wishes Catholics to interpret these passages in a way that is, in fact, heretical (1P5)”. Personally I believe some of these allegations are at least suggested by the Pontiff, although I don’t believe that can be proved in accord with the standards of law either canonical or civil. The reason is that it’s possible to draw different conclusions. And it’s possible that there may exist exceptions as noted in AL. Thus ambiguity. Although the tone of Ch 8 is that exceptions are highly likely, which itself is an unfounded opinion by the Pontiff. Which unfounded opinion is promoting a universal policy of discernment and likely wide spread error. Many highly respected prelates, authorities on canon law hold to different interpretative conclusions that are favorable to Apostolic Tradition. Nonetheless I agree with our memorable Cardinal Caffarra himself a notable canon lawyer that the premises contained lead to those damaging conclusions, that [in my view] interpretation of AL leans far more toward those conclusions. Is the Correctio viable? I agree with Peters that if those with credentials believe what the Correctio says they indeed have a duty. Its merit may lie more in alerting the faithful and encouraging critical thought. At this juncture I’m convinced what the Correctio purports, and which is evidenced in the mistakes of the German, Maltese, Belgian, Argentine and other Hierarchies must be repudiated as errors in faith and errors in practice.
The funniest excuse they have come up with so far is that the Filial Correction is not allowed under Donum Veritatis. That document lays out the conditions under which theologians can and should disagree with the Magisterium. One of the sections says something like “don’t go to the media – don’t make this a battle fought in the media, it should be fought out amongst theologians in communication with the magisterail authority of the church. But here, they submitted the thing to the Holy Father, and again he ignored them. So after a long waiting period, they made their argument public.
Now, it seems to me that the CDF could have responded quite easily to many of the arguments contained therein, and could have handled it quite easily. But the Pope basically told them not to respond at all.
Anyway, it is clear that Donum Veritatis does not apply at all, for a multitude of reasons. But certainly one can imagine someone like Fernandez coming to the conclusion that it did apply, because he takes everything else out of context, why not this?
All this pope has to do is an answer of yes or no on simple questions of his exhortation.
Why must Francis act as he is above the souls he tends and knowingly putting many souls at eternal risk?
Christ was not about mercy without truth.
It seems to me that the Servant of the Servants of God has an obligation to answer simple questions of clarification. This becomes an obligation when the issue is life and death and leaders in different locations are teaching opposite interpretations.
Dr. Peters or anyone, any chance to please explain what this means:
“And I see no exception in the law for those whose positions might imply the existence of other problems for the Church or for those who arguments seem unlikely to be acted upon.”
While I wait for fellow brethren to enlighten me [cf. my comment above], Pope Francis and his collaborators continue with their revolution.
Cf. @Pontifex & Collaborators Moving to Render Can. 915 of the 1983 Code of Canon Law Irrelevant? – https://goo.gl/wWrfau
F M Shyanguya it apparently refers to exceptions to the law that might prohibit for various reasons those who carry out the “duty” to speak their conscience to the Pontiff.
Asante sana, Fr. Morello!
Mungu akubariki.
Tante Grazie Senor Shyanguya. You remind me of my time and good friends in Tanzania.
“If there are s a union of a private nature, there is neither a third party nor is society affected.” – Jorge Bergoglio, In his own words, page 117, in his book On Heaven and Earth, denying that we are Called to be “Temples For The Holy Spirit”, in private as well as in public, while denying sin done “in private”, is sin.
We are not Called to follow a schismatic who denies The Unity Of The Holy Ghost and thus the fact that “It is not possible to have Sacramental Communion without Ecclesial Communion “, due to The Unity Of The Holy Ghost.
And now, in regards to Catholic Canon 750, the denial of The Unity Of The Unity Of The Holy Ghost and The Great Apostasy, for “it is not possible to have Sacramental Communion without Ecclesial Communion”, due to The Unity Of The Holy Ghost, there is this, from Michael Hichborn
President
Lepanto Institute:
“In 2004, Archbishop Wilton Gregory and then Cardinal Theodore McCarrick conspired to sell a lie to all the bishops of the United States regarding Holy Communion and pro-abortion politicians. And now? Cardinal Gregory is leading the charge, once again, to pressure US Bishops against denying Holy Communion to Catholic politicians who viciously attack the moral teaching of the Catholic Church.
In 2004, Abp. Gregory was the president of the United States Conference of Catholic Bishops (USCCB) and Cdl. McCarrick was the archbishop of Washington, DC.
That year, Cardinal Joseph Ratzinger, then prefect for the Congregation of the Doctrine of the Faith (CDF), sent a letter to the USCCB clarifying matters regarding Holy Communion and pro-abortion politicians. The letter, simply titled Worthiness to Receive Holy Communion: General Principles, stated very clearly:
“5. Regarding the grave sin of abortion or euthanasia, when a person’s formal cooperation becomes manifest (understood, in the case of a Catholic politician, as his consistently campaigning and voting for permissive abortion and euthanasia laws), his Pastor should meet with him, instructing him about the Church’s teaching, informing him that he is not to present himself for Holy Communion until he brings to an end the objective situation of sin, and warning him that he will otherwise be denied the Eucharist.
6. When “these precautionary measures have not had their effect or in which they were not possible,” and the person in question, with obstinate persistence, still presents himself to receive the Holy Eucharist, “the minister of Holy Communion must refuse to distribute it” (cf. Pontifical Council for Legislative Texts Declaration “Holy Communion and Divorced, Civilly Remarried Catholics” [2002], nos. 3-4).” [emphasis added]
Instead of sharing this letter with the bishops of the United States, McCarrick and Gregory pocketed the letter and told the members of the USCCB that:
“The question for us is not simply whether denial of Communion is possible, but whether it is pastorally wise and prudent. It is not surprising that difficult and differing circumstances on these matters can lead to different practices. Every bishop is acting in accord with his own understanding of his duties and the law.” [emphasis added]
As a result, the USCCB’s officially adopted position was that each bishop was to handle matters in his own way in his own diocese.
Now, Cardinal Wilton Gregory is conspiring with Cardinal Blasé Cupich to prevent the USCCB from even having a discussion on the matter during their June meeting!
TODAY, news broke that Cardinal Wilton Gregory, Cardinal Blase Cupich, Cardinal Sean O’Malley and 65 other diocesan and auxiliary bishops signed a letter to Abp. Gomez, current president of the USCCB, urging him to suspend discussion on the matter of withholding Holy Communion from pro-abortion politicians. According to Pillar Catholic, the letter was written on the letterhead of the Archdiocese of Washington, DC, indicating that it is Cardinal Gregory who is spearheading the initiative.
Christus Vincit!
Dear Blessed Mother Mary, Destroyer Of All Heresy, Who, Through Your Fiat, Affirmed The Unity Of The Holy Ghost (Filioque), Hear our Prayers as you lift The Veil exposing the apostates🙏💕
Here’s where you come in.
At this link here, you will find a complete listing of every diocese and bishop in the United States. We would like for you to contact your bishops to ask directly if he or his auxiliary bishops signed this letter. And when you find out, please let us know. Just email me what you find out at Michael@Lepantoin.net.
These Judas-Bishops have been wrecking the Catholic faith in this country for far too long, and it’s time we did something about it. This is a good place to start.
We’ll follow up on this after we collect a list close to the total amount of reported signatures.”
“Canon 212 § 3 states in regard to persons with special knowledge, competence, and prestige in regard to ecclesiastical matters, that they “have the right and even at times the duty” to express their views on matters impacting the well-being of the Church (my emphasis). The duty. Not just the right.”
To be Catholic is to be already converted to The One Body Of Christ which subsists Through The Unity Of The Holy Ghost(Filioque)
Any Faithful Catholic would know Through Faith and Reason that the election of a man to the Papacy who , prior to his election, was not in communion with Christ , and every previously validly elected Pope, having denied The Deposit Of Faith and thus Sacred Tradition, Sacred Scripture, and The Teaching Of The Magisterium, grounded in Sacred Tradition, Sacred Scripture, could not possibly be a successor of Peter.
Jorge Bergoglio’s heresy was external and made public and notorious, when as a cardinal, he stated in his book, On Heaven and Earth, in regards to same-sex sexual relationships, and thus same-sex sexual acts, prior to his election as pope, on page 117, demonstrating that he does not hold, keep, or teach The Catholic Faith, and he continues to act accordingly: “If there is a union of a private nature, there is neither a third party, nor is society affected. Now, if the union is given the category of marriage, there could be children affected. Every person needs a male father and a female mother that can help shape their identity.”- Jorge Bergoglio, denying The Sanctity of the marital act within The Sacrament of Holy Matrimony, and the fact that God, The Most Holy And Undivided Blessed Trinity, Through The Unity Of The Holy Ghost, Is The Author Of Love, Of Life, And Of Marriage, while denying sin done in private is sin
CCC II. THE DEFINITION OF SIN
“1849 Sin is an offense against reason, truth, and right conscience; it is failure in genuine love for God and neighbor caused by a perverse attachment to certain goods. It wounds the nature of man and injures human solidarity. It has been defined as “an utterance, a deed, or a desire contrary to the eternal law.”121
1850 Sin is an offense against God: “Against you, you alone, have I sinned, and done that which is evil in your sight.”122 Sin sets itself against God’s love for us and turns our hearts away from it. Like the first sin, it is disobedience, a revolt against God through the will to become “like gods,”123 knowing and determining good and evil. Sin is thus “love of oneself even to contempt of God.”124 In this proud self- exaltation, sin is diametrically opposed to the obedience of Jesus, which achieves our salvation.125
1851 It is precisely in the Passion, when the mercy of Christ is about to vanquish it, that sin most clearly manifests its violence and its many forms: unbelief, murderous hatred, shunning and mockery by the leaders and the people, Pilate’s cowardice and the cruelty of the soldiers, Judas’ betrayal – so bitter to Jesus, Peter’s denial and the disciples’ flight. However, at the very hour of darkness, the hour of the prince of this world,126 the sacrifice of Christ secretly becomes the source from which the forgiveness of our sins will pour forth inexhaustibly.”
It is a sin to accomodate an occasion of sin, and thus cooperate with evils.”