Papal Rescript clarifies procedure for establishing diocesan religious Institutes
(Vatican Radio) Pope Francis has issued a binding clarification of a question arising under Canon Law with regard to the proper procedure for the creation of new diocesan Institutes of Consecrated Life. Specifically, the Holy Father has, by way of Papal Rescript, established that prior consultation by the local Ordinary who desires to erect a new Institute of Consecrated Life within his jurisdiction and under his authority, must have prior consultation with the Holy See before deciding to erect any such new Institute.
The Secretary of the Pontifical Council for Legislative Texts, Bishop Juan Ignacio Arrieta, told Vatican Radio the Rescript does not require local Ordinaries to obtain permission, per se, but only to consult with and hear from the Holy See (through the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life) before proceeding.
“The bishop is always responsible in his diocese – but he has to evaluate the answer, the opinion, of the Congregation [for Institutes of Consecrated Life and Societies of Apostolic Life]: after [hearing] the opinion of the Congregation, he remains free to act in one sense or in the other; but he has to balance, to think about, the opinion – the very high[ly regarded] opinion – of the Congregation, and that is important – very important – even in diocesan governance.”
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The Rescript followed a request from the Congregation for Consecrated Life, and came from the Holy Father through the Secretary of State, Cardinal Pietro Parolin. The operative sentences – which clarify the meaning of Canon 579 of the Code of Canon Law – read: In the Audience granted to the undersigned Secretary of State on April 4, 2016, the Holy Father ruled that the prior consultation of the Holy See is to be understood as being necessary ad validitatem for the erection of a diocesan Institute of consecrated life, on pain of nullity of the decree of erection of the same Institute. This rescript will be promulgated by publication in L’Osservatore Romano, entering into force on 1 June 2016, and then published in the Acta Apostolicae Sedis.