General Procure OCD PRATICAL GUIDE

Transcription

1 General Procure OCD PRATICAL GUIDE

2 Content ABBREVIATIONS... 3 PETITIONS TO THE HOLY SEE & TO THE ORDER: PRAXIS... 4 THE PRINCIPLE ACTIVITIES OF THE GENERAL PROCURATOR ABSENCE FROM THE RELIGIOUS HOUSE... 8 EXCLAUSTRATION SIMPLE EXCLAUSTRATION EXCLAUSTRATION FOR INCARDINATION INTO A DIOCESE ENFORCED EXCLAUSTRATION QUALIFIED EXCLAUSTRATION LEAVING THE ORDER DISPENSATION FROM TEMPORARY VOWS DEFINITIVE LEAVING OF THE INSTITUTE OF A TEMPORARY PROFESSED, ON THE EXPIRY OF PROFESSION DISPENSATION FROM SOLEMN VOWS DEFINITIVE LEAVING OF THE INSTITUTE OF A RELIGIOUS CLERIC FIRMA MANENTE LEGE COELIBATUS DEFINITIVE LEAVING OF THE INSTITUTE BY A RELIGIOUS CLERIC TO BE INCARDINATED PURE ET SIMPLICITER IN A DIOCESE TRANSFERRAL TO ANOTHER RELIGIOUS INSTITUTE TRANSFERRAL TO A SECULAR INSTITUTE OR TO A SOCIETY OF APOSTOLIC LIFE DEFINITIVE TRANSFER FROM CIRCUMSCRIPTION DIMISSAL FROM THE ORDER OR INSTITUTE DIMISSAL IN VIRTUE OF THE LAW MANDATORY DISMISSAL OPTIONAL DISMISSAL EXPULSION FROM THE RELIGIOUS HOUSE DISPENSATION FROM THE OBBLIGATIONS OF SACRED ORDINATION AND FROM RELIGIOUS VOWS DISPENSATION FOR A PRIEST DISPENSATION FOR A PRIEST IN DANGER OF DEATH DISPENSATION FOR A CLERIC DISMISSED FROM THE INSTITUTE IMPOSED DISPENSATION FOR A CLERIC DISMISSED FROM THE INSTITUTE DISPENSATION FOR A DEACON DISPENSATION FROM THE CODE, THE CONSTITUTIONS OR OTHER NORMS OF PROPER LAW

3 27. PERMISSIONS VALIDATIONS PERMISSION FOR FINANCIAL TRANSACTIONS LEGAL REPRESENTATIVE APPEALS READMISSION AFTER A DISPENSATION READMISSION TO THE CONSECRATED LIFE READMISSION TO THE CLERICAL STATE PROCEDURE IN CASES OF GRAVE VIOLATIONS THAT ENVISAGE DIMISSAL THE CASE OF SEXUAL ABUSE OF MINORS THE RELIGIOUS INSTITUTE FACED WITH THE SEXUAL ABUSE OF MINORS ANNEXED Loss of the clerical state by a deacon and dispensation from all the obligations of ordination Interrogation of the Petitioner Interrogation for Witnesses

4 ABBREVIATIONS Can.: Code of Canon Law C. : Constitutions of the Discalced Carmelite Friars N.: Norms for implementing the Discalced Carmelite Constitutions. 3

5 PETITIONS TO THE HOLY SEE & TO THE ORDER: PRAXIS It is important that petitions that the convents send to the Holy See and to the Order are well done. This facilitates the speed of the process. It is for this reason that we indicate here the praxis, how to present different types of petition, to the Holy See and to the Order. I. IN GENERAL 1. The petition is to be directed to the Holy Father using the formula Most Holy Father, typed and personally signed by the orator, i.e., the person making or presenting the petition, the petitioner. 2. Always indicate : a) religious name and appellative b) secular name and surname c) city and diocese of the Convent d) the protocol number and dates of any other Rescripts that may have been granted to the person in question (even if granted many years previously) 3. Send two copies of the petitions to Rome, written on complete pages (22x28 cm), leaving sufficient space at the end of the petition for the preces commendatoriae of the Procurator General of the Order. 4. To the fees for the Rescript, to cover the expenses of the General Procure may be added by the General Bursar. 4

6 5. Petitions may be sent through the Father General or General Procurator. 6. Petitions should be "recommended" by the Provincial. 5

7 FRIARS 6

8 THE PRINCIPLE ACTIVITIES OF THE GENERAL PROCURATOR The work of the Procurator is carried out either in relation to the Dicasteries of the Roman Curia or the Institutions of the Order. The main things dealt with are as follows: Exclaustration Simple Exclaustration (cf Can. 686) Exclaustration through incardination into a diocese (cf Can. 693) Enforced Exclaustration Qualified Exclaustration Leaving the Order Leaving through dispensation from simple vows Leaving through dispensation from final vows o Leaving firma manente lege coelibatus o Leaving through incardination into a diocese o Leaving through joining another Institute Leaving because of dismissal Dismissal ipso iure Obligatory Dismissal Dismissal by rescript Dispensation from the obligations of ordination and religious vows Dispensation for priests Dispensation for deacons Dispensation from the norms of CIC or of proper law Permissions and retroactive validations Permission for financial transactions Appointment of legal Representative Varia (equivalences, information, appointments of ecclesiastical assistants, visa endorsements, minutes, many things) We will treat of the individual items below. 7

9 1. ABSENCE FROM THE RELIGIOUS HOUSE (N. 43) Absence from a religious house pertains to the responsibility of the Superiors of the circumscription. Since there is an obligation on the individual religious to live in the religious house of his community, to be legitimate, every absence requires the necessary permission of the competent Superior. Not every exit from a religious house constitutes an absence. Since the Code does not determine the necessary amount of time that constitutes an absence, we refer to jurisprudence which indicates that the time should be at least 24 hours outside the religious house. For short absences from the religious house, the permission of the local Superior is sufficient. For prolonged absences or for stays outside houses of the Institute, that are not over a year in duration, the Major Superior, with the consent of his Council, may give permission where there is a just cause. The religious who has received permission to be absent from the religious house is not separated from the Institute; rather, he remains a member with all which that implies, with all the rights and responsibilities deriving from religious profession, except those that are not compatible with his present new situation. Except where norm 43 (c) applies, he does not retain active and passive voice. If he is a cleric, he does not need the permission of the local Bishop for residence and the celebration of the Eucharist (except subject to the provisions of Can when it is a case of a celebration in a private place), whereas he needs it for other sacraments, unless he is already suspended by his Ordinary. It is important to keep in mind, both on the part of the person requesting and on the part of the Superior, that the spirit of the law always seeks to safeguard religious life in community, and so it should be remembered that the granting of permission is an option of the competent Superior and nobody can make it an obligation for any reason, no matter how serious. 8

10 The Major Superior ought be aware that absence from the religious house does not correspond to exclaustration for one year that he can grant, because exclaustration is the sole competence of Fr. General, and it only applies to the finally professed. Competent authority The local Superior, for short absences. The Major Superior with the consent of his Council, for absences of up to one year. Procedure For short absences the religious requires the verbal agreement of the Superior. For a prolonged absence, the religious should present a written request to his Major Superior: A seriously motivated request by the religious that is addressed to the Major Superior Written permission of the Major Superior with the consent of his Council, in which the conditions of the religious during the absence are specified A possible renewal of the absence from the religious house that does not require recourse to exclaustration pertains to the competence of the Holy See. 9

11 EXCLAUSTRATION Exclaustration is a temporary and partial separation of a religious from the Institute, which is normally in view of a further request to be dispensed from vows, or in cases of a prolonged absence that is outside the competence of his immediate Superior. Exclaustration may only be requested by one who is finally professed. Therefore it cannot be requested, much less granted, to a person in temporary vows. If exclaustration allows for the adaptation of the vows of obedience and poverty to particular circumstances (especially in view of a return to the state of the lay faithful), no adaptation is allowed for the vow of chastity, to the extent that exclaustration ought not be allowed when there is certainty of the religious establishing a relationship of cohabitation during this time (like husband and wife, or otherwise), as it would cause scandal. In the case where exclaustration has been granted, once a situation of scandal is made known, the Major Superior is obliged to admonish the religious to repent. If the situation continues or if the scandal is grave, he is obliged to inform the Authority that granted the indult, so that it be withdrawn and the religious return to live in community. Otherwise he will need to induce the religious to present a request for a dispensation or, depending on the gravity of the circumstances, to proceed with compulsory dismissal. That said, we now look at the different forms of exclaustration. 10

12 2. SIMPLE EXCLAUSTRATION (Can. 686, 1; N. 140) A finally professed religious, for a grave reason, may request from his religious Ordinary, the possibility of spending a period of time outside the community. Competent authority Fr General with the consent of his Definitory. 11

13 Procedura A substantially motivated request by the religious addressed to his Major Superior Request of the Major Superior addressed to the Fr General in which is specified: personal details; the type of dispensation requested; the reason for the request; duration of the request for exclaustration; place of residence of the religious during exclaustration other relevant information useful for evaluating the case; the favourable vote of the Major Superior and his Council Consent of the Ordinary of the place of residence, in the case The exclaustration can be granted from one to a maximum of three years (also deferred). It is good practice, also recommended by the Congregation, to avoid giving immediately and all at once the maximum amount of time, but instead to give a shorter time to help the religious come to a decision without putting it off because of the time he has at his disposal. Obviously this advice needs to take into account the objective reasons for the request. Further extensions, beyond the three years, are the responsibility of the Holy See, following the same procedure. 12

14 3. EXCLAUSTRATION FOR INCARDINATION INTO A DIOCESE (Can. 693) This type of exclaustration is requested by the clerical religious who intends to leave the Institute for possible incardination into a Diocese. The time of exclaustration is normally between one and five years, with the possibility of it being extended. Competent authority Holy See. 13

15 Procedure Substantially motivated request by the religious addressed to his Major Superior Request of the Major Superior addressed to the Fr General, specifying: the personal details of the petitioner; the type of exclaustration requested; the reason for the request; length of time requestef for the exclaustration; any other relevant information useful for evaluating the case; the favourable vote of the Major Superior and his Council Consent of the diocesan Bishop to receive him into the Diocese Trasmission of the documents to the Holy See with the favourable vote of Fr General and his Definitory 14

16 4. ENFORCED EXCLAUSTRATION This type of exclaustration is imposed by the Holy See on its own initiative or following the request of Fr General with the agreement of his Definitory. In reality the initiative may be taken by the Major Superior with the agreement of his Council, who have recourse to Fr General for the formal request to be made to the Holy See. It is requested in cases where remaining in the Institute may be a cause of serious harm, but where the religious herself does not wish to make the request and the Major Superior wishes to avoid the procedure of expulsion. Being imposed, this exclaustration is by decree, with the possibility of having recourse to the Apostolic Signatura. Competent authority Holy See. Procedure Possible request by the Holy See to the General Curia for information about the specific case Issuing of the decree of exclaustration 15

17 Or: Request of Fr General (about an eventual presentation of the Major Superior with the agreement of his Council) in which are specified: Trasmission of the documents to the Holy See the personal details of the petitioner; the type of exclaustration requested; the reason for the request; length of time requested for the exclaustration; any other relevant information useful for evaluating the case; the favourable vote of Fr General and the Definitory 16

18 5. QUALIFIED EXCLAUSTRATION This form of exclaustration, which only concerns religious priests, is not catered for by the Code. It is a practice that was established by the Holy See after the Council for special cases at the request of the interested party. The cleric is temporarily suspended from the exercise of ministry and cannot be allowed do so even by the diocesan Bishop; therefore the consent of the Ordinary of his place of residence is not required. Normally granted for two years, but presently not in use. The Congregation advises recourse to canon 686,1 (permission for exclaustration granted by the General) and inform the local Bishop of the place of residence (letter to the Procurator : Prot n /2013). Competent authority Holy See. Procedure Substantially motivated request of the religious addressed to the Major Superior; Request of the Major Superior directed to the Fr General in which are specified: - the personal details of the petitioner; - the type of dispensation requested; - the motive for the request; - the length of time of the exclaustration being requested; - other relevant information useful for evaluating the case; - the favourable vote of the Major Superior and his Council; 17

19 Transmission of the documents to the Holy See with the affirmative vote of Fr General and his Council. 18

20 6. LEAVING THE ORDER The permanent separation from the Order through the dispensation from religious vows and related obligations, by means of which the religious returns to the condition of the lay faithful or to secular life. 19

21 7. DISPENSATION FROM TEMPORARY VOWS (Can 688, 2; C. 134) Competent authority The Fr General with the consent of the Definitory. Procedure Substantially motivated request of the religious directed to his Major Superior Request of the Major Superior directed to Fr General in which are specified: the personal details of the petitioner; the type of dispensation being requested; the motive for the request; other relevant information useful for evaluating the case; the positive vote of the Major Superior and his Council The Fr General issues the indult of dispensation (in practice these cases are dealt with by the General Secretary). 20

22 8. DEFINITIVE LEAVING OF THE INSTITUTE OF A TEMPORARY PROFESSED, ON THE EXPIRY OF PROFESSION (Can. 688, 1; C. 133) Leaving may be voluntary, at the request of the religious, or enforced, by a decision of the competent Major Superior, having heard his Council, not to allow the religious renew the vows or be admitted to final profession. Competent authority The Major Superior who grants the request, or communicates the decision, by which the religious is not admitted to the renewal of profession. Procedure Substantially motivated communication written by the religious addressed to his Major Superior Or: A substantially motivated comunication of the Major Superior to explain to the religious that he will not be admitted to the next profession 21

23 9. DISPENSATION FROM SOLEMN VOWS (Can ; N. 141) Competent Autority The Holy See. Procedure Substantially motivated request of the religious addressed to his Major Superior Request of the Major Superior addressed to Fr General in which are specified: the personal details of the petitioner; the type of dispensation being requested; the motive for the request; other relevant information useful for evaluating the case; the positive vote of the Major Superior and his Council Trasmission of the documents to the Holy See 22

24 10. DEFINITIVE LEAVING OF THE INSTITUTE OF A RELIGIOUS CLERIC FIRMA MANENTE LEGE COELIBATUS This deals with a dispensation from the vows and their corresponding responsibilities, but not a dispensation from priestly celibacy. The petitioner needs to affirm that he is aware that he cannot exercise the ordained ministry, without the consent of an Ordinary who receives him. The religious loses the state of consecration and retains that of cleric. At this time the dispensation is only rarely given and on account of particular conditions. Competent authority Holy See. 23

25 Procedure Substantially motivated request of the religious directed to his Major Superior Request of the Major Superior directed to Fr General in which are specified: the personal details of the petitioner; the type of dispensation requested; the motive for the request; that the petitioner, at present, does not wish to be incardinated anywhere else: other relevant information useful for evaluating the case; the postivie vote of the Major Superior and his Council Trasmission of the documents to the Holy See with the positive vote of Fr General and his Definitory 24

26 11. DEFINITIVE LEAVING OF THE INSTITUTE BY A RELIGIOUS CLERIC TO BE INCARDINATED PURE ET SIMPLICITER IN A DIOCESE (Can. 693) This deals with a dispensation from the vows and their corresponding responsibilities to be incardinated immediately into a Diocese, so a passing to being a secular cleric. Competent authority Holy See. 25

27 Procedure Substantially motivated request of the religious directed to his Major Superior Request of the Major Superior addressed to Fr General, specifying: the personal details of the petitioner; the type of dispensation being requested richiesta; the motive for the request; other relevant information useful for evaluating the case; the positive vote of the Major Superior and his Council Consent of the diocesan Bishop for incardination into the Diocese Trasmission of the documents to the Holy See with the positive vote of Fr General and his Definitory 26

28 12. TRANSFERRAL TO ANOTHER RELIGIOUS INSTITUTE (Can ) This is the definitive separation of a religious in perpetual vows from the Institute through being incorporated into another Institute, without there being a dispensation from vows and after completing a probationary period. The religious is temporarily received into the new Institute on conditions laid down by the Superior General, otherwise he can return to his own Institute or leave definitively. Competent authority The Superiors General of the two Institutes, with the prior consent of their respective Councils. 27

29 Procedure 1 Substantially motivated request of the religious directed to the Major Superior of the Institute to which he wishes to be admitted 2 Affirmative response of the said Major Superior 4 Request of the Major Superior directed to Fr General in which are specified: the personal details of the petitioner; the type of dispensation requested; the motive for the request; the consent of the Major Superior of the Instittue receiving him; aother relevant information useful for evaluating the case; the positive vote of the Major Superior and his Council 3 Substantially motivated request of the religious directed to his Major Superior 5 Written consent of the Fr General of the petitioner, with the prior consent of his Council 28

30 13. TRANSFERRAL TO A SECULAR INSTITUTE OR TO A SOCIETY OF APOSTOLIC LIFE This is the definitive separation of a professed religious from the Institute through incorporation into a Secular Institute or Society of Apostolic Life, without dispensation from vows and after a probationary period laid down by the Holy See. Competent authority Holy See. 29

31 Procedure 1 Supstantially motivated request of the religious directed to the Major Superior of the Institute into which he wishes to be received 2 Positive response of the said Major Superior 6 Trasmission of the documents to the Holy See on the part of the Institute to which the petitioner belongs 3 Request of the Major Superion addressed to Fr General in which are specified: the personal details of the petitioner; the type of dispensation being requested; the reason for the request; the agreement of the Major Superior of the institute that receives him; other relevant information useful for evaluating the case; the positive vote of the Major Superior and his Council 5 Positive vote of the Fr General and the consent of his Council of the Institute that receives 4 Positive vote of the Fr General with the consent of the Council of the Institute of the petitioner 30

32 14. DEFINITIVE TRANSFER FROM CIRCUMSCRIPTION (C. 130) With final profession, every religious is definitively incorporated into the Order and becomes a member of the Circumscription in which the Major Superior has admitted him to profession (cf C.130 ). When there is a good reason, the religious may ask to be transferred from the Circumscription, or the transfer can be requested by the Major Superior. Competent authority Fr General with the agreement of his Definitory. 31

33 Procedure 1 Substantially motivated request of the religious addressed to the Major Superior of the circumscription into which he wishes to be received 6 The decree of definitive transfer of circumscription issued by Fr General 5 Positive vote of Fr General with the consent of his Definitory 2 Positive response of the same Major Superior 3 Positive response of the two Major Superiors 4 Request of the Major Superior of the petitioner in which are specified: the personal details of the petitioner; the reason for the request; the consent of the Major Superior of the circumscription and any relevant recommendations about the transfer; other relevant information the positive vote of the Major Superior and his Council 32

34 15. DIMISSAL FROM THE ORDER OR INSTITUTE Dismissal from the Institute differs from other forms of separation in that it is imposed in virtue of the law itself or by the Institute against the will of the religious for having committed a grave and external violation of the discipline proper to his state. 33

35 16. DIMISSAL IN VIRTUE OF THE LAW Dismissal in virtue of the law, or ipso facto, means that the religious is dismissed from the Institute by the very fact of having violated a canonical law that carries this consequence, as specified in Can. 694, 1: A member is to be held to be ipso facto dismissed from the institute who: 1 Has notoriously abandoned the Catholic faith; 2 Has contracted marriage or has attempted it, even only civilly. 2. In these instances the major superior with the council without any delay and after having collected proofs should issue a declaration of the fact so that the dismissal is established juridically. In this case it is a declaration of dismissal that the Major Superior is obliged to issue so that the fact of the dismissal is made known to the person concerned and, at least, to his parish of origin. The General Curia is to be informed of this. 34

36 17. MANDATORY DISMISSAL Mandatory dismissal requires, as a necessary act, the intervention of the Major Superior who is to instruct the process of dismissal for the cases foreseen in Can. 695, 1: A member must be dismissed for the offenses in Cans. 1397, 1398 and 1395, unless in the delicts mentioned in can. 1395, 2, the superior judges that dismissal is not entirely necessary and that the correction of the member and restitution of justice and reparation of scandal can be sufficiently assured in some other way. 2. In these cases the major superior, having collected proofs about the facts and imputability, is to make known the accusation and the proofs to the member who is about to be dismissed, giving the member the opportunity of self-defence. All the acts, singed by the major superior and a notary, along with the written and signed responses of the member, are to be transmitted to the supreme moderator. Mandatory dismissal does not necessarily mean that the religious being investigated must necessarily be dismissed, but the Major Superior is required to initiate the procedure for dismissal, beginning with the preliminary inquiry. If the investigation sufficiently demonstrates the reality of the prosecution, the Major Superior with the vote of his Council, sends the documentation to Fr General to be evaluated and voted on for dismissal. Otherwise the process must be filed and the accused acquitted. 35

37 18. OPTIONAL DISMISSAL Besides ipso facto and mandatory dismissal, the Code also provides for dismissal, by means of due process, for other reasons, which are always grave, external, imputable and juridically proven, either in relation to common or proper law, and that expressly indicate the possibility of dismissal. It is called optional dismissal not because the penal intervention is left to the arbitrary decision of the Superior, but because he can judge whether or not the following is opportune: to have recourse to this means to attain the goal of justice at the service of charity within the Institute. It is always the duty of the Superior to intervene when faced with serious misconduct so that he is not complicit in unlawful and criminal behaviour (cf Can. 619). Can 696, 1: A member can also be dismissed for other causes, provided that they are grave, external, imputable and juridically proven, such as: habitual neglect of the obligations of consecrated life; repeated violations of the sacred bonds; pertinacious disobedience to lawful prescriptions of superiors in a serious matter; grave scandal arising from the culpable behaviour of the member; pertinacious upholding or spreading of doctrines condemned by the magisterium of the Church; public adherence to ideologies infected by materialism or atheism; unlawful absence mentioned in can. 665, 2, lasting six months; other causes of similar seriousness which may be determined by the proper law of the institute. 2. Even causes of lesser seriousness determined in proper law suffice for the dismissal of a member in temporary vows. Problems relating to dismissal may concern the reasons, which must be in the category of serious and repeated crimes or in regard to the obligations of religious life, and practises to be observed. 36

38 For some time now the Congregation has taken a stricter approach in the evaluation of the reasons for dismissal, asking that the more serious allegations be primarily considered. In the past a more simple and fastest way was followed to arrive at a conclusion of the process. Concretely, it may be noted that some cases would be solved with a simple dismissal for illegitimate absence from community (easier to prove and less damaging to the dignity of the person), while other allegations would result from the documentation of the facts, such as concubinage or homosexual relations. In these cases there is need to be careful about what is contained in the attached documentation, and, always respecting the truth, eventually declare that the statements and the testimonies expressed are not juridically proven and that therefore it is preferable to follow the way that is certain, even if it leads to the prosecution of a minor indictment. For the sake of a good outcome to the process, it is important to follow the required formalities correctly, the neglect of which can lead to the possibility of appeal, with the consequent suspension of the decree as well as the possibility that it may be invalid. When the dismissal has been confirmed and implemented, those who have been dismissed cannot demand anything from the Institute for any activity carried out during their time in it (cf Can. 702), but the Institute has a duty of observing justice and charity in dealing with a dismissal. 37

39 19. EXPULSION FROM THE RELIGIOUS HOUSE (Can. 703) Expulsion from the religious house is possible in the case of grave scandal or if there is imminent danger of very grave damage to the Institute. The scandal has to be grave, external and already public, because of these circumstances it is considered that there is no other way of promptly intervening. The danger has to be real, not just a fear or supposition of danger, however well founded. The damage can be spiritual, temporal, economic or of some other kind, providing it is always very grave in relation to the Institute as a whole or in part. Expulsion is an emergency measure but transitional, in that the normal manner of dismissal must follow, if necessary. Until the definitive step is taken, the expelled religious remains a member of the Institute, and has the corresponding obligations, apart from that of living in the religious house Competent authority The Major Superior; The local Superior with the consent of his Council. 38

40 Procedure 1 The necessary conditions having been verified, the competent Superior notifies the religious of the decision to expell him 2 Let the proper authorities know of the expulsion to limit, as far as possible, the scandal and the grave dammage 4 At an opportune time, the Major Superior, begins the dismissal procedure or makes other provisions 3 The local Superior notifies the Major Superior of the expulsion 5 The Major Superior may decide to refer the mattter to the Holy See 39

41 20. DISPENSATION FROM THE OBBLIGATIONS OF SACRED ORDINATION AND FROM RELIGIOUS VOWS The dispensation from celibacy and from the obligations that derive from the valid reception of the sacrament of orders allows the cleric to leave the juridical state of a cleric and return to the lay state, while retaining the specific sacramental conditions received. Having lost the clerical state, the dispensed person may not exercise the sacred ministry, subject to the provisions of Can. 976 (absolution in danger of death). The procedure for obtaining the dispensation is laid down in the Normae procedurales issued by the Congregation for the Doctrine of the Faith on 14 October 1980 [n AAS 72(1980), pp ] and the dispensation is granted by the Congregation for the Clergy. The dispensation from the obligations of sacred ordination includes also the dispensation from perpetual vows. The documents, gathered, laid out in order and numbered, should all be authenticated by an Actuary and four copies (six, for priests under forty years of age) delivered to the General Curia. The documentation should not contain any illegible handwritten material, which, if important, needs to be typed. The same goes for the legibility of photocopies. Whatever the age of the petitioner, moral certainty about the decision to leave the clerical state is required, otherwise the request for dispensation will be suspended, normally for five years. During the time of suspension, a request for a review is possible where new information about the certainty of the decision being irreversible is presented. 40

42 - With the updating of the procedural norms, a further possibility of requesting is envisaged, i.e., with the positive vote of Fr General and his Definitory, administrative dismissal (a penal procedure) from the clerical state, which does not require the normal process. The penal procedure may be applied when the behaviour of the cleric is criminal, canonically speaking, to the point of rendering dispensation by favour inopportune. The condition for applying this procedure envisages that the cleric has presented a spontaneous request for dispensation. At present this procedure is not yet operative for clerical religious, their being able in the meantime to resolve the problem by having recourse to one of the definitive forms of separation from the Institute, through dismissal. (Special Faculty ; Benedict XVI) 41

43 21. DISPENSATION FOR A PRIEST Competent authority The Holy See, through the Congregation for Clergy for dispensation by favour. Procedure 42

44 1 A letter of presentation by the Major Superior addressed to Fr General about the case being introduced 2 Letter of the priest (the Petitioner) addressed, in a humble and penetential manner to the Holy Father, giving in summary the principal reasons for leaving and the reasons for not returning and seeking to overcome the crisis and again take up his ministry. The Petitioner is to sign the request in his own hand. 3 A curriculum vitæ of the Petitioner in which, together with the most significant stages and dates of his life, of his formation and of his ministry, the reasons for his crisis and defection are taken up, explained and justified in greater depth and precision and evidence if it exists for the reasons that lead to holding that the decision is irreversable. The CV is an introductory libellus to the cause together with the request for dispensation. 4 A document containing a summary of all the pastoral efforts made by the Ordinary of the religious to dissuade the Petitioner from going ahead with the request for a dispensation and other helps that have been provided to facilitate overcoming the crisis, a return to thestraight and narrow and the taking up again of ministerial activity. 5 A document showing that the Petitioner, has decided to leave definitively, has been suspended from the exercise of holy Orders (avoiding all scandal and saving his reputation) from the time that the request for dispensation was presented and accepted by his Ordinary 6 A decree nominating the Instructor for the specific case, with the obligation of following the Normæ procedurales issued by the Congregation for the Doctrine of the Faith 7 A decree nominating the Actuary for the specific case, abiding by the conditions above 43

45 8 The questioning of the Petitioner by the Instructor in the presence of the Actuary and under oath, with appropriate and relevant questions, especially in relation to the period of formation preceeding Ordination and with a more thorough investigation of everything, particularly the reasons given and indicated in the CV as motives for the crisis, the defection and its irreversibility 9 The questioning or statements of witnesses, either indicated by the Petitioner or chosen by the Instructor: parents and family of the Petitioner, his Superiors and those with him in formation, his present Superiors and confreyers (at least three) 10 Any expert medical, psychological, psychiatric or psychoanalytic reports from the time of formation or later 11 A personal vote and summary by the Instructor concerning the merit of the case and the opportuness or usefulness or otherwise of granting the dispensation, taking into account not only the reasons given during the inquiry and the personal wellbeing of the Petitioner, but also the good of the universal Church, the good of the Religious Institute and of the souls that were entrusted to his ministry 12 The personal view of the Religious Superior who has overseen the investigation of the case, both on the merits of the case itself from reading the documents he has received from the Instructor, and on the possibility or opportuness of granting the dispensation and about the absence of scandal in the event of the petition being granted 13 A personal vote concerning the absence of scandal on the part of the Ordinary of the place where the Petitioner will, in fact, live when he leaves ministry. 14 Copy of any attempted civil marriage and of any declarations of nullity or divorce concerning the woman or the Petitioner. 15 Eventual declaration of dismissal for attempted marriage (cf Can. 694, 1. 2 ) 16 Any copy of the document or acknowledgment of paternity of the children. 44

46 22. DISPENSATION FOR A PRIEST IN DANGER OF DEATH When it comes to priests of any age, who have contracted a civil bond that can be retroactively validated and who are in danger of death, The relevant Ordinaries are requested to send the documentation without delay for the dispensation, if possible signed by the Petitioner and accompanied by his own vote. In these cases the normal process of information is not required (CCD-DS, Dispensation from the obligations of priesthood and deaconate, prot. n. 263/97: Circular letter to diocesan Ordinaries and Superior Generals, no. 5, Vatican City, 6 June 1997). In the case of danger of death, while implementing a simplified procedure, the dispensation remains the exclusive competence of the Holy Father. The expression danger of death normally means any situation in which there is a substantial likelihood that a person can lose his life within a rather short time. In this specific case the possibility of few months can be considered a short time. In extremely urgent cases the documentation can also be sent to the Congregation by fax. Competent authority The Holy See, through the Congregation for Clergy. 45

47 Procedure Letter of presentation of the Major Superior addressed to the Holy Father, which specifies the danger of death and expresses his view As far as possible, a letter signed by the priest in question addressed in a humble and penitent manner to the Holy Father, requesting the dispensation A medical certificate confirming the seriousness of the illness and the danger of death Certificate of civil marriage or declaration of dismissal for attempted marriage 46

48 23. DISPENSATION FOR A CLERIC DISMISSED FROM THE INSTITUTE In the case of dismissal from the Institute (the most common circumstance being that of attempted marriage), the normal procedure with all the documentation is required for obtaining the dispensation. Besides, the actual or eventual presence of children does not admit of a quicker and less formal solution. The case is normally prepared by the religious Ordinary of the circumscription of the cleric. It could also be presented by the Ordinary of the place where the religious is domiciled; he will however have to have recourse to the religious Ordinary for documentation pertaining to his competence. For obvious practical reasons, therefore, it is appropriate that the case be prepared and presented by the religious Ordinary. 47

49 24. IMPOSED DISPENSATION FOR A CLERIC DISMISSED FROM THE INSTITUTE In the case of dismissal from the Order for serious crimes pertaining to the jurisdiction of the Congregation for the Doctrine of the Faith, if the cleric does not intend presenting the request for dismissal from the clerical state, the Congregation can proceed ex officio. In this case, after the favourable vote of Fr General and his Council, recognizing the grave scandal caused to the Church and the dignity of the priesthood, the request for dismissal from the clerical state for pro bono Ecclesiae is presented to the Holy Father. The decree of dismissal, issued by the Holy Father himself, admits of no appeal and is final. 48

50 25. DISPENSATION FOR A DEACON Competent authority The Holy See, through the Congregation for the Clergy; In a case where there is danger of death, the diocesan Bishop of the place of residence can also grant the dispensation. Procedure 49

51 1Presenting letter of the Major Superior, addressed to Fr General concerning the case being introduced 2 Letter of the deacon in question (Petitioner) addressed, in a spirit of humility and repentence to the Holy father, giving a summary of the principal reasons that have led to the defection and the reasons why he is not willing to retrace his steps, overcome the crisis and take up again his ministry. The request is to be signed in his own hand by the petitioner 3 A curriculum vitæ of the Petitioner in which, together with the most significant stages and dates of his life, of his formation and of his ministry, the reasons for his crisis and defection are taken up, explained and justified in greater depth and precision and evidence if it exists for the reasons that lead to holding that the decision is irreversable. The CV is an introductory libellus to the cause together with the request for dispensation. 4 The personal view of the Religious Superior who has overseen the investigation of the case, concerning the merit of the case and the opportuness or usefulness or otherwise of granting the dispensation, taking into account not only the reasons given during the inquiry and the personal wellbeing of the Petitioner, but also the good of the universal Church, the good of the Religious Institute and of the souls that were entrusted to his ministry 5 A copy of any attempted civil marriage and of any declaration of nullity or divorce concerning the woman or the Petitioner 6 Declaration of dismissal for attempted marriage (Cf. can. 694, 1. 2 ) 50

52 7 Any copy of the document or acknowledgment of paternity of the children 8 A document containing a summary of all the pastoral efforts made by the Ordinary of the religious to dissuade the Petitioner from going ahead with the request for a dispensation and other helps that have been provided to facilitate overcoming the crisis, a return to the straight and narrow and the taking up again of ministerial activity.er dissuadere l Oratore dall inoltrare la domanda di dispensa e gli aiuti che gli sono stati forniti per agevolare il superamento della crisi, il ritorno sulla retta via e la ripresa dell attività ministeriale 9 A document showing that the Petitioner, has decided to leave definitively, has been suspended from the exercise of holy Orders (avoiding all scandal and saving his reputation) from the time that the request for dispensation was presented and accepted by his Ordinary 10 The questioning or statements of witnesses, either indicated by the Petitioner or chosen by the Instructor: parents and family of the Petitioner, his Superiors and those with him in formation, his present Superiors and confreyers (at least three) 11 Any expert medical, psychological, psychiatric or psychoanalytic reports from the time of formation or later 12 Records of previous votation for relgious profession and holy Orders and any other documentation relating to the Petitioner contained in the archives of the houses of formation. In their absence, substitute a declaration by the provincail explaining the reason for this. 51

53 26. DISPENSATION FROM THE CODE, THE CONSTITUTIONS OR OTHER NORMS OF PROPER LAW Dispensations from the Code or from the Constitutions pertain to the competence of the Holy See. They mainly have to deal with: - Dispensation for the nomination of a brother to the office of local superior; - Dispensation from impediments to assuming a certain office; - Dispensation from irregularities for admission to or the exercise of ordained ministry; - Dispensation for the anticipation or postponement of the celebration of the Provincial Chapter beyond the six months that may be allowed by Fr General; - Dispensation for admission to the novitiate; - Dispensation for admission to final profession; - Dispensation to administer family goods; Dispensations from general Ordinations or from particular statutes that apply to the whole Order are the responsibility of Fr General according to the norm of law. Superiors, in particular cases, may temporarily dispense their own subjects and guests from the disciplinary provisions of the Constitutions whenever they judge it useful for their spiritual good. 52

54 The local superior can dispense for a single act and a single person. The dispensation can be validly extended for brief periods, but not beyond one month. A dispensation in perpetuo may only be granted by the Holy See. The same authority that grants the dispensation, his successor, or a higher authority, can revoke the dispensation given. 53

55 27. PERMISSIONS Permissions include those requests that require a specific licence or other form of consent, normally from the Holy See, so that an act to be placed may be valid, or if valid that it may also be legitimate. Permissions can be in regard to: - The admission of a candidate of Oriental Rite to the novitiate, in conformity with Can. 517 of the Code of Canons of the Oriental Churches (CCEO); - Faculties to exercise the ministry of ordination required by the diocese of Rome for religious clerics residing there; - The appointment of an ecclesiastical assistant; - Return to community following exclaustration ad nutum Sanctæ Sedis; - The return to community with active and passive voice for a Bishop emeritus; - Readmission to the clerical state following a dispensation; - Readmission to the Order for one whose vows were dispensed (cf Can. 694); - Reduction of responsibility in regard to masses; - The burial of a religious in church 54

56 28. VALIDATIONS Validations are the regularization of juridical acts carried out without the proper permission. The competent authority is the one who should give the permission. 55

57 29. PERMISSION FOR FINANCIAL TRANSACTIONS All temporal goods that pertain to the universal Church, to the Apostolic See and to other public juridical persons in the Church, are ecclesiastical goods (cf Can. 1257, 1) and as such are subject to Church law, apart from where the statutes proper to civil law apply. Financial transactions, therefore, that concern ecclesiastical goods require the permission of the competent authority, so that «administrators invalidly posit acts which go beyond the limits and procedures of ordinary administration» (Can. 1281, 1). Ecclesiastical goods are also protected by penal laws, so that the lack of the necessary permission for alienation nullifies the act and constitutes a crime for which a just penalty is to be imposed (cf Can. 1377). In a case where the illicit alienation has civil recognition, it is possible for the ecclesiastical authority to claim for compensation (cf Can. 1296). The authorization of the Holy See is required: - (for Italy) for the appointment of the legal representative of the province; - for sales and other financial transactions (leases for a period exceeding nine years, mortgages, loans, guarantees [personal guarantees for the obligations of others]). Competent authority The Major Superior with the consent of his Council, within the limits of the sum stabilized for the different countries; 56

58 Fr General with his Definitory, within the sum stabilized by the Holy See for the different regions; The Holy See for any other amount and whenever it concerns goods bequeathed to the Church, donations, or precious items because of their artistic or historic value, or because they are objects of veneration (relics and images of popular cult); The Holy See is always the competent authority for every alienation in: - Arabia, Jerusalem, Lebanon, Turkey (Oriental Churches); - Albania (North, Evangelization of Peoples; South, Oriental Churches), Belarus (Secretary of State), Bulgaria (Oriental Churches), Estonia- Latvia (Secretary of State), Romania (Oriental Churches), Ukraine (Secretary of State); - Malta (Religious); - Eritrea, Ethiopia (Oriental Churches). 57

59 Procedure Written permission is granted by the competent higher authority after receiving a substantially motivated letter in which is reported: 58

60 1 Place and diocese where the good to be alienated is 2 The moral person who effects the alienation (the Province) 3 Indication of the moral or individual person who acquires the right in question 4 Consent of the competent internal authority (the Major Superior with or without his Council; Provincial Chapter) 5 Description of the good to be alienated plus technical documentation (floorplan or other) 6 Reasons for the alienation that show it to be justified 7 Expert evaluation of the good in writing 8 Use and destenation of the proceeds of the alienation 9 Written consent of the local Bishop, thereby showing that he is aware of the transaction in his diocese 10 In the case of divisible goods, it is necessary to indicate parts already alienated, as omitting this declaration renders the permission invalid (cf Can.1292,3) 11 To alienate a good at a value less than that estimated requires a justifying cause that will be evaluated by the liscencing authority. 59

61 30. LEGAL REPRESENTATIVE The legal Representative is the physical person necessary so that another subject who has no will of their own, may have the legal capacity to act for the subject lacking self-will. A case in point is, the legal Representative (a physical person) for the Province (juridical person) is to be recognized by universal and proper law. Competent authority The juridical recognition of the Holy See. Procedure Letter of introduction by the Provincial which gives the precise and complete name of the Province entity; the person nominated with the personal details and residence of the new legal Representative; the name of the legal Representative who is to be substituted. The civil Authority is to be notified of the juridical recognition of the Holy See. 60

62 31. APPEALS It can happen that someone considers that they have been unjustly treated by a decree, to the extent that some of their rights have been infringed. On the other hand, the authority that issued the decree holds that it has acted in conformity with the law, with justice and for the protection and good of the Institute. When it is not possible to arrive at a fair resolution of the dispute by way of conciliation, all that remains is to appeal, which is be done in two steps. The first is where the passive subject of the decree requests its revocation of the author. The second is that of juridical recourse, where the passive subject of the decree has recourse to higher authority. Can. 1400, by indicating the object of a trial, indicates as well the object about which recourse may be had. This object is provided by the law, i.e., that which can be vindicated or pursued by a human person or legal entity, either by the application or declaration of the sentence for a crime committed. The procedure for administrative appeal is found in Cans For our purposes, it is sufficient to remember that the appeal must be filed within the deadline of ten working days from the declaration of the sentence. This means that in counting the days, those on which, for a just reason, one cannot work are to be excluded. In computing the time, full days following the legitimate notification of the decree are to be counted. To calculate this time it is, therefore, important that there be a record of the formal notification, showing date and time of delivery, the name of the executor, who will sign with the recipient and two witnesses; these latter will ensure the execution of the sentence in case it is challenged. The very fact of filing for appeal has the effect of suspending the decree, as long as the competent authority has not confirmed it in his own name. In reference to the decree of dismissal from the Order, which is the most common case, the first authority to issue it is Fr General. For its validity, however, it must be confirmed by the Holy See through a rescript of the 61