Pope Francis issues new document changing some canons on consecrated life

Pope Francis modifies canon law for both the Latin Church and the Eastern Churches, changing the areas of competence for various bodies within the universal Church

The Holy Father, Pope Francis, has issued an apostolic letter motu proprio  Competentias quasdam decernere “assignment of certain competencies,” made public February 15, 2022, giving direct decision-making authority, through the transfer of certain responsibilities, from the Holy See to local diocesan bishops and major superiors. Pope Francis states that the intention of the changes, is to foster a spirit of collegiality and pastoral responsibility on the part of bishops and major superiors and to support the “principles of rationality, effectiveness, and efficiency.”

Several canons in the Code of Canon Law (CIC) and the Code of Canons of the Eastern Churches (CCEO) are modified by the motu proprio, among which are three articles that concern the canons on separation from the institute (exclaustration, departure and dismissal) transferring some responsibilities from the Holy See or diocesan bishops to major superiors. Below is an overview of the changes in the CIC canons affecting religious institutes.

Article 5

Canon 686§1 concerns the granting of an indult of exclaustration by the supreme moderator with the consent of the council, for a grave cause, to a perpetually professed member. The new provision extends the period of time for the indult from three years to up to five years. For an extension beyond five years the permission of the Holy See for pontifical institutes or the diocesan bishop for diocesan institutes is required. If it is a cleric, the prior consent of the ordinary of place in which the cleric will reside is required.

Article 6

Canon 688§2 provides that temporary professed members of religious institutes who ask to leave the institute for a grave reason can obtain an indult from the Supreme Moderator with the consent of his/her council. The applies to institutes of pontifical right and diocesan right. The new language eliminates the need for the supreme moderators of institutes of diocesan right to obtain confirmation from diocesan bishop of the house of assignment. 

Article 7

Canon 699§2 and 700 are modified so the decree of dismissal of a temporary or perpetually professed member from an institute for a grave reason, issued by the supreme moderator, takes effect upon notification of the member. The decree must indicate the right of appeal to the competent authority within ten days of receipt of the notification. The appeal has suspensive effect.

Canon 699§2 now states that dismissal of a professed member in the monasteries of canon 615 belongs to the major superior with the consent of the council.

Article 9

The major modification in paragraph 1 of canon 1308 transfers the responsibility for a reduction of the obligation of Masses for a just and necessary cause from the Holy See to the diocesan bishop for their dioceses and to supreme moderators for clerical institutes/societies.

In addition, the second paragraph of the former canon 1308 has been deleted in the new canon. Presumably the reason is that its content is now incorporated in the new language of paragraph one.

Canon 1308§1 on reducing the obligations of Masses modifies competence, and now reads:

§1: A reduction of the obligations of Masses, to be made only for a just and necessary cause, is reserved to the diocesan bishop and to the supreme moderator of a clerical institute of consecrated life or a society of apostolic life.

Below is a link to an English translation of the Apostolic Letter.

https://www.vatican.va/content/francesco/it/motu_proprio/documents/20220211-motu-proprio-assegnare-alcune-competenze.html

Resource Center for Religious Institutes

February 15, 2022