PERIODICA DE RE CANONICA - Third Issue 2019

Issue 108/3 (2019) of the magazine “Periodica de Re Canonica”, quarterly published by the Faculty of Canonic Law of the Pontifical Gregorian University, is now available. 

Roberto Interlandi, Officiale della Segreteria di Stato e Docente incaricato della Facoltà di Diritto Canonico presso la PUG
The extension of the supplying’s institute to ministerial faculties (can. 144 §2)

Abstract - The juridical institute of «supplying», originating in Roman public law, was subsequently introduced into ancient and modern canon law, developing its peculiarities in terms of nature, object, working mechanism, premises and ratio on the basis of the distinction between the potestas iurisdictionis (which can be a possible object of supplying) and the sacerdotal potestas ordinis (which can never be an object of supplying, because it derives by divine right from the sacrament of sacred orders).

Can. 144 §2 constitutes the first explicit normative provision concerning the extension of supplying to the three ministerial faculties, to confirm, to confess, and to assist at marriage, though this extension was already admitted by canonists and rotal jurisprudence, albeit with some uncertainty about the nature of the same faculties.

These facultates, which are not potestates (neither ordinis nor iurisdictionis), have mutual differences (which are studied in this article). However, the analysis of how can. 144 §2 developed helps us to understand the way in which the three ministerial faculties mentioned above have the same nature, namely, of being a product of the power of governance, aimed at freeing the full content of sacramental power: the latter, for the bonum Ecclesiae, can be and is in fact regulated by the power of governance, to the extent of determining its exercise ad validitatem.

Consequently, the juridical institute of supplying should have the same homogeneous application in all three areas foreseen by can. 144 §2 (confirmation, penance, marriage).

 

Francesco Card. Coccopalmerio, Cardinale, Presidente emerito del Pontificio Consiglio per i Testi Legislativi.
Towards new Forms of Exercise of Primacy. An Attempt of Answer to Ut Unum Sint, n° 95 with an Application of the Can. 333 §2

Abstract - The author wants to offer his contribution of reflection to the n. 95 of the encyclical letter Ut unum Sint wherein Saint John Paul II declares that he wants «to listen to the question [...] of finding a form of exercising the primacy that, while not renouncing in any way the essential part of his mission, opens it to a new situation».

To this end, it is recalled as a presupposition that precisely because of the primacy of the Pope in the College of Bishops (a hierarchically superior position and that, for this reason, the Pope’s vote has a decisive value) attention is placed on can. 333 §2 in which the Code states: «The Roman Pontiff, in the fulfillment of the office of Supreme Pastor of the Church, is always joined in communion with the other Bishops». The author notes that the conjunction between the Pope and the other Bishops is affirmed by the text precisely in operating the office of Supreme Pastor of the Church, that is, for example, in performing an act of solemn magisterium. What, then, does the Pope’s conjunction with the Bishops mean in carrying out an act of teaching? It is clear if an act is carried out in an ecumenical council or by a collegial act of the bishops that remain scattered throughout the world, but if the act in question was carried out by the Pope as a single subject? How does the interaction with the Bishops occur? In this case, it is essential that the Pope has union with the bishops because he has a common thought and will. However, can this unity in common thought and will be presupposed and verified by requiring of each bishop his specific understanding? It cannot be assumed, but must be validated. And then, if every bishop must express his specific understanding, would it not be more appropriate to do so always through a collegial act? The Author counsels that in the case of solemn acts the Pope never functions as a single subject, but always performs such actions together with the other bishops, nevertheless remembering that the Pontiff’s vote – precisely because of the primacy – must always be added to that of the majority of bishops in order to have an act of the College.

 

Luigi Sabbarese, C.S., Professore Ordinario della Facoltà di Diritto Canonico alla Pontifica Università Urbaniana, Roma.
Economy, Charism, and Mission. The Guidelines between Universal Law and Proper Law

Abstract - Changed economic conditions have modified the situation of Institutes of Consecrated Life and Societies of Apostolic Life as well as the way in which they consider the administration of goods at the service of charism and mission. In the light of the Guidelines given by the Congregation for the Institutes of Consecrated Life for the administration of temporal goods in 2018, the contribution outlines the relationship between universal law and proper law in the administration of goods. Particular emphasis is placed on the increasingly relevant role of proper law, which must provide normative instruments for a correct and effective management and administration of the ecclesiastical goods of Institutes and Societies.

The Author considers the general references to the proper law provided by the Guidelines and in particular the determination of the fixed assets in the proper law and the close relationship between the General Chapter as well as the elaboration of a proper law in economic-administrative matters.

Taking for granted that the economic-financial world of our time has also changed the world of religious life, it is necessary to revise the criteria and the economic-administrative practices of Institutes and Societies, to rethink the administration of goods within the charism, and to facilitate training on financial administration, on communication and collaboration between Institutes in view of constructing responsible solidarity.

 

Yuji Sugawara, S.J. Professore Ordinario della Facoltà di Diritto Canonico alla Pontificia Università Gregoriana.
Perspective and Challenge of the Guidelines Economy in the Service of the Charism and of the Mission (CIVCSVA 2018)

Abstract - The article deals with the Guidelines presented in the year 2018 by the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life regarding the management of the assets owned by institutes of consecrated life. The introduction is followed by a brief illustration of the documents of the magisterium concerning the subject, with particular reference to some profiles: the first section regards the nature of the Guidelines, which highlights the nature and purpose of the document, the various difficulties concerning the theme of asset management, and the document structure. The analysis of this topic continues in the second section, highlighting selected spiritual and pastoral orientations together with the themes of the option for the poor, the fidelity to the charism of the foundation, and the request of prophetic witness. The third section contains certain legal- technical guidelines which emphasize the fundamental role of the right in the management of assets, the management of assets as an act of government, and the role and responsibility of the treasurer. Moreover, the present article — focusing on canonical discipline — dedicates the fourth section to the study of some legislative innovations with respect to the CIC / 83, analyzing issues such as the time limit of the treasurer’s office, the stable patrimony, and the attorney. Finally, summary remarks conclude this work.

 

Francisco José Campos Martínez, Profesor de la Facultad de Derecho Canónico de la Universidad Pontificia de Salamanca.
Presumption of Innocence and Preliminary Canonical Investigation. Guidelines for a Fair Procedure in Complaints for Sexual Abuse

Abstract - The right to the presumption of innocence is contemplated in all modern legal systems, but its practical application is not always adequate, especially when other assets of urgent protection come into play. The article analyzes this problem within the preliminary canonical investigation of allegations of sexual abuse against clerics, where an automatic and indiscriminate imposition of precautionary measures may mean the violation of this right of the investigated party.

 

Damián G. Astigueta, S.J. Professore Ordinario della Facoltà di Diritto Canonico alla Pontificia Università Gregoriana. Reading of Vos estis lux mundi

Abstract - The Motu proprio Vos estis lux mundi introduces new information into the penal field, with the creation of new delicts, the consideration of new types of perpetrators for crimes already provided for in previous legislation, notification concerning the scope of procedures, the consideration of new steps, as well as the responsibility for the treatment of the crimes envisaged therein.