Code Of Canons Research Articles

“Vino nuovo in otri nuovi”: alcune prime note circa le sfide del presente per il diritto canonico e la canonistica

“New wine into new wineskins”: some first notes on the current challenges for canon law 
 ABSTRACT: Inspired by the Summary Document of the recent Synod of Bishops, which requests a revision of the Code of Canon Law and the Code of Canons of the Eastern Churches, this study intends to reflect on the contribution that canonical doctrine can offer for this revision. Specifically, the study analyzes the current Code as a result of both the Second Vatican Council and the legal classifications specific to the positivist culture during the 19th and 20th centuries and, consequently, it observes the necessity, from a de iure condendo perspective, to approach the work articulated towards a mature acceptance of certain aspects of the Second Vatican Council not appropriately valued in the drafting of the Code, such as the pneumatological renewal of the theology and ecclesiology of communion. Given these remarks, it is possible to move in the direction indicated by the Synod, avoiding "pouring the new wine of the Synod into old wineskins" of the now outdated juridical categories. In this perspective, the study identifies four potential areas for renewal, both urgent and achievable.
 SOMMARIO: 1. Premessa - 2. Una pro-vocazione alla canonistica - 3. Un complesso lavoro di ricezione - 4. Alcune questioni sulle quali riflettere - 5. Considerazioni di sintesi.

THE PLACE AND ROLE OF WOMEN IN THE CATHOLIC CHURCH: A STUDY BASED ON THE CODE OF CANON LAW AND THE CODE OF CANONS OF THE EASTERN CHURCHES

Although Pope John Paul II taught through his apostolic letter Ordinatio Sacerdotalis (1994) that the Catholic Church is unable to ordain women to priesthood, the Catholic Church gives a special place to women in it, and a survey of the Code of Canon Law (CIC 1983) and the Code of Canons of the Eastern Churches (CCEO 1990) shows that there is a marked improvement in the Catholic Canon Law regarding the place and role of women in the Catholic Church. Whereas the Pio-Benedictine Code (CIC 1917) did not consider men and women as having the same rights and duties in the Church, the fundamental equality of men and women is acknowledged in the canons of the new Codes. The author argues that there is no violation of fundamental rights of women in the prohibition to ordain women to priesthood. At the same time, the article highlights the clarion call the Pope Francis to have a special role for the “Feminine Genius” within the Catholic Church.

Rimessione della censura dell’aborto nei codici di diritto canonico della Chiesa cattolica

The value of the great gift of life has always been cherished and defended by the Church. Throughout the centuries, basing herself on Holy Scripture, she has condemned every form of violence directed against life, punishing such crimes with sanctions and penalties. Among these, abortion is considered one of the most serious offences, and the Church punishes it with the highest penalty: excommunication, a punishment included in the 1917 Code of Canon Law, the 1983 Code of Canon Law and the Code of Canons of the Eastern Churches. But being both mother and teacher, the Church not only punishes but, following Christ’s example, forgives sins and censures. She does so even in the case of abortion, and this article presents the absolution of abortion censure in the three law codes of the Catholic Church.

Models of Exercise of Pastoral Care in Parishes according to the Canon Law of the Catholic Church

The author of the paper starts by describing the most fundamental elements of a parish, by emphasizing the fact that during the last decades the Catholic Church, especially in the West, has had to face the question of how to organise the pastoral care of the faithful with a decreasing number of priests. This is not just a mathematical question concerning the appropriateness of the ratio of the number of parishes to the number of priests. The author emphasizes the fact that there are also some principles that the Catholic Church tries to maintain. Some of them are formulated in the documents of the Second Vatican Council and have been integrated into the Canon Law of the Catholic Church. The norms of canon law have two dimensions. They are structured in an Eastern part, with the Code of Canons of the Eastern Churches, promulgated in 1990 and applying to the Eastern Catholic Churches, and in a Western part, contained in the Code of Canon Law of 1983 which is in force for the Latin Church. When it comes to basic principles in the field of pastoral care, both Codes are pretty similar. Apart from them, some other documents have been published by the Holy See. We will refer to these in due course. The present study will treat successively two questions. First, that of the principles according to which pastoral care should be provided. Secondly, the question of the different models envisaged by both Codes.

A Practical Commentary to the Code of Canons of the Eastern Churches ed. by John D. Faris and Jobe Abbass

A Practical Commentary to the Code of Canons of the Eastern Churches ed. by John D. Faris and Jobe Abbass

The state of schooling and the formation of the clergy before the proclamation of the Code of Canons of the Eastern Churches

The article analyzes the state of schooling and formation of clergy before the proclamation of the Code of Canons of the Eastern Churches. The work aims to clarify the main approaches and principles to the formation of the clergy and the state of schooling during the historical period preceding the proclamation of the Code of Canons of the Eastern Churches. In particular, the author analyzed the main stages of priestly formation. Reforming of educational and upbringing processes of formation of priests is considered. Emphasis is placed on the peculiarities of the formation and education of priests at different stages of historical development.

Reedícia noriem o najťažších deliktoch a delikty proti mravom a predpisy trestného zákona Slovenskej republiky

This paper introduces the penal process in the Church addressing the gravest delicts committed against morals. This has undergone certain modifications in recent years along with the precepts of the penal law of the Slovak Republic concerning these kinds of delicts. Of great importance in this context was the Second Vatican Council, the Code of Canon Law promulgated in 1983 and the Code of Canons of the Eastern Churches that came into force in 1991. Responding to a series of scandals of a sexual nature surrounding clerics that were exposed towards the end of the last century, the Church adopted serious modifications to the penal law. The most significant reform was introduced during the pontificate of John Paul II who issued an apostolic letter Motu proprio Sacramentorum sanctitatis tutela in 2001. In 2010, Pope Benedict XVI revised the original text of the De gravioribus delictis and modified some of its sections. Pope Francis continued in the reform by issuing an apostolic letter Motu proprio Come una madre amorevole in 2016 in which he introduced the possibility of removing bishops from ecclesiastical office for negligence in relation to cases of sexual abuse. The reform initiative of the Apostolic See is primarily aimed at securing justice in the Church and safeguarding the faithful from immoral acts of the clergy. In addition, these reforms seek to maintain the high credit of the priestly vocation amongst God’s people by placing a great emphasis on the moral integrity of the ministry in line with Christ’s teaching.

John Paul II's Contribution to Law

This chapter examines John Paul II’s contribution to law as a statesman, world leader, and universal pastor of the Roman Catholic Church. John Paul II’s approach to the law was shaped by the stark realities of having suffered firsthand the injustice of two totalitarian regimes and the cruelties of the Second World War. An ardent defender of human rights, especially the rights to life and religious liberty, John Paul II saw in human dignity and human solidarity the two great levers for advancing the development of legal systems. Lastly, this chapter explores John Paul II’s invaluable role in updating and reforming the canon law of the Catholic Church. He had a singular role in promulgating the Code of Canon Law of 1983, the Code of Canons of the Eastern Churches of 1990, and the Apostolic Constitution Pastor Bonus of 1988 on reforming the Roman Curia. For these and other relevant legal contributions, John Paul II well deserves the title of jurist.

Constitutional and legal role of the Holy Eucharist in the Code of Canons of the Eastern Churches

The article deals with internal legal nature of sacrament, particularly with three conditions of right for sacrament adoption, the paramount importance of which belongs to Holy Eucharist. Additionally, brief comments on the Code of Canons of Eastern Churches have been presented, through which the constitutional-legislative role of Eucharist is revealed (Canon 698-717).

Wykluczenie bonum prolis w Kodeksie Prawa Kanonicznego z 1983 roku i Kodeksie Kanonów Kościołów Wschodnich

The issue of procreation and education of offspring has always been the object of special concern for the Church. It appears, among others in legal regulation of this pro­blem. The right and the duty to procreate and educate offspring was inevitably connected with general vision of marriage, it is purposes and property of matrimonial consent. Therefore, with the evolution of understanding of marriage itself in the history of canon law, the term of bonum prolis (good of the offspring) was also changed. Legal norms regarding the issue of exclusion of the good of the offspring contained in the 1983 Code of Canon Law (CIC/83) and in the 1990 Code of Canons of the Eastern Churches (CCEO), which was mentioned in the introduction of this article, are identical in their bodies. Only can. 776 § 1 CCEO is a kind of complement of can. 1055 § 1 CIC/83, which speaks about structure of marriage. In turn, can. 1061 § 1 CIC/83, which is a spe­cific definition of consummated and valid marriage, has no equivalent in CCEO. The procreation and education of offspring is the natural purpose and the culmination of marriage. Marital acts should be directed towards procreation and must be performed in a natural and human fashion. Hence, the exclusion of acts of conjugal living which are open to procreation of offspring, taken with a positive act of the will results in the in­va­lidity of the marriage itself.

Wpływ ustroju prawnego Kościoła łacińskiego na kształtowanie się aktualnego porządku prawnego katolickich Kościołów wschodnich na przykładzie urzędów protosyncela i syncela

The office of vicar general was created in the Western Church in the 12th century. Gradually, his authority was strengthened until the office became mandatory and he became the main collaborator of the diocesan bishop in the administrative body of the particular Church. During the preparation of the Second Vatican Council the need to establish a new institution within the structure of particular Churches was recognized. In addition to the office of vicar general, the office of episcopal vicar was created – a new function with a similar legal characteristics and competences, but intended to support the diocesan bishop in specific aspects of his activity. In the Eastern Church, it was customary to choose bishops from among religious. Bishops wanted to continue their monastic life. A bishop would choose a fellow man who lived with him in home. Such a life companion was known as synkellios , which in Latin was rendered as syn­cellus . A syncellus was not only a companion of the bishop’s life but also assisted him in his functions and even represented him in many ecclesiastical matters, which made the syncellus a significant figure in the local Church. The unions concluded with Churches that recognized the supremacy of the Bishop of Rome were also associated with their adoption of the Latin system of ecclesiastical law and structural forms existing in the Western Church. One of the elements of this juridical heritage was the office of vicar general. These solutions were laid down in Pius XII’s motu proprio Cleri sanctitati and the Code of Canons of the Eastern Church­es. The offices of vicar general and episcopal vicar were introducted and assigned the ancient names of syncellus and protosyncellus.

Kodyfikacje Jana Pawła II

Artykuł przedstawia Osobę św. Jana Pawła II jako ustawodawcę, jedynego papieża w historii Kościoła, który promulgował całość prawodawstwa powszechnego Kościoła katolickiego: Kodeks prawa kanonicznego dla Kościoła łacińskiego w 1983 roku i Kodeks kanonów Kościołów wschodnich w 1990 roku. W ustawach przez niego promulgowanych wyraźnie zaznaczają się akcenty: antropologiczno-personalistyczny i eklezjologiczny. Papież nie tylko promulgował kodeksy, a także wniósł osobisty wkład w treść prawa Kościoła, bo chociaż nie był kanonistą, to wraz z grupami specjalistów przed aktem promulgacji starannie przestudiował projekty. Ważnym rysem kodeksów Jana Pawła II jest ich łączność z decyzjami Soboru Watykańskiego II, stąd też można je nazwać ostatnimi dokumentami soborowymi.

Pełnomocnictwo do zawarcia małżeństwa w prawie kanonicznym i w polskim prawie cywilnym

Contracting marriage through the proxy is an institution dating back to the Roman law and canonized under Church law. Gratian was the first to mention about it, but the matter was not regulated in detail before the 1917 Code of Canon Law in can. 1089-1091. The 1983 Code of Canon Law, in can. 1105 confirms the previous regula­tions, specifies the duties of proxy and the one mandating and also requirements of the mandate. Both Codes still treat it as an extraordinary form of contracting the mar­ria­ge. The same possibility is offered by Polish civil law, however with different re­quire­ments for the mandate. The Code of Canons of the Eastern Churches leaves the ques­tion to be resolved by particular sui iuris Churches.

"Irrevocabilis consensus personalis": Antropologické předpoklady systému manželského práva v CCEO

The conciliar formula irrevocabilis consensus personalis is not a synonym of a contract - it is a synonym of a covenant. The attempt of a verification of this hypothesis, undertaken in this study, is based on two elementary methodological assumptions: (1) the heritage of a Christian personalistic thought - adopted and integrated in the theological anthropology of the constitution Gaudium et spes - is at the basis of the Catholic Church matrimonial law system; (2) the adoption of the mentioned formula significantly increases the outlook in the science of canon law on the system change of the paradigm: on a turn away from the contractualistic formulas toward personalistic depictions. A precise description of the covenant of matrimonial love in the Code of Canons of the Eastern Churches - with an optimal connection of natural and transcendent aspects - allowed for: (1) revealing the relation of Christ - Church, rooted in God's Caritas, as an icon of matrimonial communion realized in Christian matrimony; (2) revealing the Trinitarian foundations of holy matrimony.

Pojem církve sui iuris v současném církevním právu

This article is a further contribution to the clarification of the concept of the Church sui iuris. It provides a brief overview of its development from the MP Postquam apostolicis litteris (1952) to the valid Code of Canons of Oriental Churches (CCEO) of 1990 and provides an analysis of the canon 27 CCEO which defines the concept of Ecclesia sui iuris. The second part of the article offers an overview of the Eastern Catholic Churches, as contained in the latest edition of the Pontifical Yearbook Annuario Pontificio, and also briefly assesses the canonical status of the Apostolic Exarchate in the Czech Republic. The reality of the Eastern Catholic Churches is extremely diverse and still under development and consequently the application of canon 27 CCEO is not always entirely clear. All the Eastern Catholic Churches are, however, according to the Second Vatican Council, of equal dignity and enjoy the same rights (OE 3).

Las Universidades Católicas: Ensayo de Teología del Derecho canónico, by Iván Federico Mejía Álvarez

Reviewed by: Las Universidades Católicas: Ensayo de Teología del Derecho canónico, by Iván Federico Mejía Álvarez Sean O. Sheridan, T.O.R. Las Universidades Católicas: Ensayo de Teología del Derecho canónico, by Iván Federico Mejía Álvarez. 6 vols. Bogotá: Digiprint Editores, 2011. Las Universidades Catolicas: Ensayo de Teología del Derecho canonico is a six-volume study on certain theological and canonical principles applied to Catholic universities. The work is divided into two major parts. The first major part, which encompasses two of the volumes (1:1–290; 2:1–303), considers the contribution of a hermeneutical model to the theological foundations of canon law. The second major part, which encompasses [End Page 599] the remaining four volumes of the series (3:1–525; 4:1–578; 5:1–370; 6:1–198), examines the application of this hermeneutical model to select canons that pertain to Catholic universities, namely, canons 748 §1; 809; 811 §2 and 820. The author also discusses the relationship between these specific canons and certain general norms of Pope Saint John Paul II's apostolic constitution Ex corde Ecclesiae on Catholic universities (6:124–150). The series is an updating of the author's 1996 doctoral thesis in canon law (1:71–76). While much of the work focuses on theological study and even some study of Sacred Scripture (e.g., 3:1–525), the majority of the canonical analysis is embodied primarily in volumes 2 and 6. In volume 2, the author examines each of the chosen four canons (cc. 748 §1; 809; 811 §2; and 820), including their foundations in the 1917 Pio-Benedictine Code of Canon Law, certain documents from the Holy See and the application of the teachings of the Second Vatican Council, and the 1990 Code of Canons of the Eastern Churches. For example, in section III of Chapter III of volume 2, the author undertakes a study of canon 811 §2 (2:178–226). The reader will recall that canon 811 §2 requires Catholic universities to offer classes that treat theological issues: "In individual Catholic universities, there are to be classes which especially treat those theological questions which are connected to the disciplines of their faculties." The exegesis of the provision entails: a study of its relationship with the 1917 Code of Canon Law and other sources for the canon (2:178); the Vatican II documents Gravissimum educationis and Gaudium et spes and articles 10 and 62 of these documents, respectively (2:179–190); parallels in the Code of Canons of the Eastern Churches, particularly c. 643 (2:190–191); a study of the provisions of canon 811 §2 itself (2:191–222); and the author's own interpretation of its provisions (2:222–225). Throughout the remainder of volume 2, the author undertakes similar and helpful analyses of canon 748 §1 (obligation of all persons to seek and observe the truth); canon 809 (conferences of bishops to establish Catholic universities or faculties, if possible and expedient); and canon 820 (ecclesiastical universities and faculties to cooperate with other faculties). From time to time, the author also summarizes information in useful diagrams and charts (2:226; 2:232). In volume 6, the author performs a review of certain canonical commentators who have addressed the four canons pertinent to his discussion. For example, following on the examination of canon 811 §2 undertaken in volume 2, the author presents the thinking of five canonical [End Page 600] commentators: Lamberto de Echeverría (6:105–106); José María González del Valle (6:106); Francisco Javier Urrutia, S.J. (6:106–107); Antonio Benlloch Poveda (6:107); and Davide Cito (6:108–112). For each of the relevant canons, the author adds his own comments to further expound upon his analysis of the canon embodied in volume 2 (e.g., 2:222–225; 6:112–118). Perhaps of most interest to the canonist working in this field is the author's application of his study of the four select canons to each of the general norms embodied in Ex corde Ecclesiae, as well as certain relevant portions embodied in Part I of the...

Votum separatum w prawie kanonicznym i prawie polskim

The article discusses the question of the votum separatum in canon law and Polish law. In the field of canon law analysis has been subjected to the 1983 Code of Canon Law and instruction process Dignitas connubii and the Code of Canons of the Eastern Churches. Research votum separatum in Polish law, in particular, covered the normative acts and court rulings. The basic literature was taken into account.

Duchowni celibatariusze i duchowni żonaci – dwa konteksty posługiwania w Kościele katolickim

The article presents the current legal status concerning the possibility of the presbyteral and diaconal ordination in the Catholic Church of the married and unmarried men. The principle is that in the Latin Church the unmarried candidates receive the presbyteral ordination, but married men can also receive the permanent diaconate. The exception to the rule of celibacy in the case of Latin presbyters is the status of the married former Anglican clergy, who after having made the Catholic profession of faith, receive the presbyteral ordination in the Catholic Church. But in the Eastern Catholic Churches the decision concerning the unmarried candidates to sacred orders, pursuant to the provisions of the Code of Canons of the Eastern Churches, is the competence of the particular law of each Church sui iuris or special norms established by the Apostolic See depending on the degree of autonomy of the Church. In 2014 the Congregation for the Eastern Churches published the decision of Pope Francis, under which the married men can be ordained and the ministry of married priests is possible in territories non considered “Eastern regions”. The author also attaches an analysis of the particular provisions of the Ukrainian Greek Catholic Church and the Polish Bishops’ Conference.

PORWANIE LUB PRZETRZYMYWANIE DLA OKUPU WEDŁUG KODEKSU KANONÓW KOŚCIOŁÓW WSCHODNICH Z 1990 ROKU

Subject of this article is the legal research on crime of kidnapping or hostage- keeping forransom in jurisdiction of Code of Canons of Oriental Churches. Dogmatic and legal analysis ofnorms of the present code shows that can. 1445 and can. 1451 CCEO of 1990, alike can. 1370and can. 1397 Code of Canon Law (CIC of 1983), provide the possibility to punish perpetratorsof kidnapping or hostage – keeping for ransom of cleric persons, as well as any other person.Regarding this crime, penal sanctions upon CCEO of 1990 are heavier than these, which can beordered based on CIC of 1983.Aside from mentioned offences, Canon Law of Oriental Churches penalizes physical or psychicaltortures, so offender who kidnap or keep hostages with tortures will be liable for this crime.According to Canon Code of Oriental Churches, solely the court can order penalties, so likewisein polish penal law. However, due to specific ecclesiastic community, the nature of penal sanctionsis spiritual.

Motu proprio Benedykta XVI Intima Ecclesiae natura wobec troski Kościoła o imigrantów

The motu proprio Intima Ecclesiae natura of Pope Benedict XVI from 11th November 2012 takes its place in the complete vision of the pastoral care for migrants presented in the instruction Erga migrantes caritas Christi published on 3rd May 2004 by the Pontifical Council for the Pastoral Care ofMigrants and Itinerant People. The document on which the author reflects has its concretisation in the Church's ministry to migrants. In a very special way it rounds out canon 213 of the Code of Canon Law and canon 16 of The Code of Canons of the Eastern Churches, and implicitly extends the institutional ministry of the Church for widely understood charitable assistance embracing all migrants regardless of their denomination or religion.