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INTRODUCTION TO EASTERN LAW

Professor: Lorenzo Lorusso

1. Dual legislation in the one Catholic Church

After Pope John Paul II promulgated CIC on January 25, 1983 (which entered into force on the
first day of advent of the same year), The Catholic Church, starting from October 18, 1990 in
which CCEO was promulgated (entered into force on October 10, 1991 ), is governed by a
double legislation, to which is added the Apostolic Constitution Pastor Bonus (28 June 1988) on
the Roman Curia, to form the only Corpus Iuris Canonici of the Catholic Church.
The two Codes are not completely separate from each other, but both contain norms which,
both by the nature of the thing and by explicit or implicit mention, concern all the faithful of the
Catholic Church, both Latin and Eastern.

A. To guarantee unity and diversity in ecclesial communion.

1) According to LG 8, the universal Church is a communion of particular Churches. The

particular Churches are formed in the image of the universal Church (a portion of the universal
Church), and in them (relationship of identity) and from them (relationship of differentiation) the
one and only Catholic Church is constituted (LG 23).

2) The unity of the universal Church does not sacrifice the plurality and diversification of the
particular Churches, which, in turn, do not hinder unity, but instead confer on it the character of
communion.

3) By divine Providence the various particular Churches are founded in various places by the
Apostles and their successors, and are formed into many organically united groups, which,
while preserving the unity of faith and the universal Church, enjoy their own discipline, of its own
liturgical custom, of its own theological and spiritual patrimony.

4) The way of living this diversity sometimes causes difficulties. However, similar difficulties
must be overcome in respect and inter-ecclesial collaboration, observing the norms of the one
Corpus luris Canonici of the Catholic Church. Double legislation is not concerned with affirming
differences, but with emphasizing communion with unity in diversity.

B. To protect and promote the patrimony of the Catholic Church.

1) UR seventeen declares that all this patrimony in its various traditions belongs to the full
catholicity and apostolicity of the Church.

2) Can. 39: the rites of the Eastern Churches are to be scrupulously observed and promoted, as
the patrimony of the universal Church of Christ, in which the tradition that comes from the
Apostles through the Fathers shines, and which affirms the divine unity of the Catholic faith in
variety (cf. 40-41).
C To highlight the equal dignity of all legitimately recognized rites.

1) "These particular Churches, both of the East and of the West, although they are partly
different from each other with regard to the rites, are equally entrusted to the pastoral
government of the Roman Pontiff. They therefore enjoy equal dignity, so that none of them
prevails over the others by reason of the rite, and moreover they enjoy the same rights and are
bound to the same duties "(OE 3).

2) "The sacred Council declares that Holy Mother Church considers all legitimately recognized
rites with equal right and honor" (SC 4).

3) Therefore, "the canons of the CCFO have the same firmness as the laws of the CIC" (Sacri
Canones). In the Church there is a single juridical order (Corpus iuris canonici), but divided into
different disciplinary systems equal in dignity.

D. Ecclesiological and juridical consequence of these principles is the solemn declaration of the
Council: "The Churches of the East, as well as the West, have the right and the duty to govern
themselves according to their own particular disciplines, since they are recommended for
venerable antiquity, more corresponding to the customs of their faithful and are considered
more suitable for providing for the good of souls "(OE 5)

And the two Codes have the same purpose; the tranquility of the Order which facilitates the
development of love, grace and charisms.

2. The Apostolic Constitution Sacri canones

A. First of all, the constitution begins with the sacred canones.

1) According to the Ecumenical Council of Nicaea 11 (787), the sacred canones are
composed:
 Of the canons of the glorious Apostles,
 Of the canons of the first six ecumenical councils: Nicaea I (325), Constantinople
I (381), Ephesus (431), Chalcedon (451), Constantinople II (553), Constantinople
III (680). To these were added those of Trullano (691) and Nicea II (787).
 Of the canons of the local Synods: Ancira (314), Neocesares (314-319), Antioch
of Syria (341), Sardica (343-344), Gangre (341), Laodicea of Phrygia (347-381),
Carthage (419) . To these were added: Constantinople (861), Constantinople IV
(869-870), Constantinople V (879-880).
 Of the canons of the holy Fathers: Dionysius of Alexandria, Gregory of
Neocesarea, Peter of Alexandria, Athanasius the Great, Basil the Great, Timothy
of Alexandria, Gregory of Nazianzen, Amphilochus of Iconium, Gregory of Nyssa,
Theophilus of Alexandria Cyril of Alexandria, Gennadius of Constantinople,
Cyprian of Carthage.
 2) They are the Sacred canons in which the CCEO is sanctioned and codified with the
necessary adaptations to the circumstances of the times. That is, the Sacred canones
are the main sources of the CCEO (cf. can. 2).
3) Other observations on the Sacred canones
 Sacred canones constitute the common roots of all the Eastern Catholic and
Orthodox Churches, their disciplinary heritage fundamentally one and only, has
an ecumenical importance. (Common heritage of all the Eastern Churches.)
the. The Orthodox Churches have always kept these canons intact, and which have
deeply embedded themselves in the culture, and remain unchanged in those ecclesiastical
legislations.
ii. The Orthodox Churches consider the Sacred Canones as the lex fundamentalis
communis.
 They are also criteria of evaluation and authentic interpretation of the norms in
force (can. 2).
 When there is a lacuna in the law, the cause is to be settled according to the
Sacred canones, and legitimate custom, and so on. (cf. can. 1501: he no longer
speaks of analogia legis, that is, parallel places.)

 The other sources of the CCEO

 The canons of the canonical collections.

 Name of the Roman imperial legislation of the East.
 The canons of Western councils.
 The decrees and instructions of the Roman Pontiffs and the Dicasteries of the
Roman Curia.
 The canines of the four motu proprio of Pius XII:

i. Crebrar allatae, 22 Feb. 1949, on marriage, entered into force on 2 May. 1949.
ii. Sollicitudinem Nostram, Jan. 6 1950, on the trials, entered into force on Jan. 6. 1951.
iii. Postquam Apostolicis Litteris, 9 Feb. 1952, on religious, on the temporal goods of the
Church, on the meaning of words, entered into force on 21 nov. 1952.
iv. Sanctitary clergy, 2 June 1957, on oriental rites and people, entered into force on 15
Aug. 1958.

 The canons and decrees of the Synods of the various Eastern Churches.
 The constitutions and decrees of the Second Vatican Council.

B. With all this in mind, the Supreme Legislator affirms that the Code must be evaluated
especially on the basis of the ancient law of the Eastern Churches.

C. Then, follow the ways in which the Supreme Pontiffs wished to safeguard the variety of these
Eastern Churches which is the common patrimony of the Church:
  The double codification, one for the Latin Church, the other common to the Eastern
Catholic Churches;
 Protection of all "Rites";
 Respect for the various forms of the hierarchical structure of the Eastern Churches,
 Much space is given to the particular law of the individual Eastern Churches.

D. The constitution focuses on the economy of the salvation of souls:

1) It is the supreme goal of every ecclesiastical law. previous and update
2) Therefore, the abrogation of the previous rules and the updating with the new laws,
which are inserted in the code, are required.

E. The constitution says that the Eastern Code is the fruit of Vatican II and that together with the
Latin Code and the apostolic constitution Pastor bonus it completes the updating of the entire
universal Church wanted by Vatican II

F. The second section of the constitution sacri canones is dedicated to the historical process of
oriental codification.

2. Rite and Church sui juris

A. Equivocity between Ritus and Ecclesiae particulares

1) The various concepts of Ritus

 The concept of Rifus is not very clear in the conciliar texts.

i. "Particular Church" in nn. 2, 3 and 10 of the OE Decree.
ii. "the complex of liturgy, ecclesiastical discipline and spiritual patrimony" in
n. 3.
iii. iii. "the liturgy" distinguished by the discipline in n. 6.

 In the East the "rite" has different meanings.

i. A specific liturgy understood in a global sense.
ii. The particular doctrine of a Church.
iii. All the historical tradition of a particular group of Christians.
iv. The national language and culture, reflected in the liturgy
v. A nation that owns and lives all of this ..
vi. That is, a way of living Christianity in a global sense by a given group of
Christians

2) Various expressions to indicate a particular Church

 In general, in the Council u has the identification of the particular Church with the
diocesan Church, while the Eastern Churches are called coetus Ecclesiarum
particularium or also Ecclesiae locales (LG 23).
  The expression "particular Church", referring to the Eastern Churches, is used with
reference not so much to the territory, but rather to the rite, the theological, spiritual and
cultural tradition and the government.
 While he uses the expression "local Church" when he refers the same reality specifically
to the territory.
 However, there is almost an identification between "particular Church" and "Rite" which
is not entirely exact
 Once the expressions "Ecclesiae peculiares" and "Ecclesiae singularae" are proposed to
distinguish, but "Ecclesia sui Iuris" is used

B. "Ritus" in the CCEO

1) Definition of CCEO: "The rite is the liturgical, theological, spiritual and disciplinary patrimony,
distinguished by culture and circumstances from the history of peoples, which is expressed in
the way of living the faith, which is proper to each Church sui Iuris." (can. 28 g1)
2) The rites arise from the Alexandrian, Antiochene, Armenian, Chaldean or Constantinopolitan
traditions, (can 28 52) which come from the Apostles through the Fathers.
3) It is not a legal person with duties and rights.
4) Not all rites constitute Chiesa mi Iuris (ex. Ambrosian rite, Mozarabic rite and Visigothic rite).
However, the concept of the Church sut iuris, even before the recognition of its juridical status
by the supreme authority of the Church, is distinguished by its rite.

C. "Ecclesia sui Iuris"

1) Definition of "Church ui iuris": "In this Code, Chiesa sut iuris is said, a group of faithful
gathered by the hierarchy, according to the norm of law, which the supreme authority of the
Church recognizes expressly or tacitly as sui iuris" (can . 27)
The essential elements of "Ecclesia sui iuris" are:

 "Coetus christifidelium": a grouping of the faithful.

 "Hierarchia ad norma iuris iunctus" gathered by the second hierarchy of law
 "quem ut sui iuris expresse vel tacite agnoscit suprema Ecclesiae auctoritas" the
express or tacit recognition on the part of the supreme authority of the Church.
2) "Sui turis" does not mean absolute autonomy but relative and limited to different degrees, not
of an autocephaly, delimited by the law approved by the supreme authority of the Church.
3) The Church sui turis identifies itself neither with the universal Church nor with the particular
Church (diocese eparchy), but is a communion of particular Churches at the regional or
interregional level.
4) Every faithful Eastern Catholic is ascribed to a Church sui iuris, not a ritus.
5) It is a juridical person (can. 921 §2).

 A better description of "Eastern Catholic Church":

It is a portion of the people of God, made up of Bishops, priests, deacons, religious and laity,
part of the universal Church, which lives the Catholic faith (theology, liturgy, spirituality,
discipline) in a way corresponding to one of the five great oriental traditions (Alexandrina,
 Antiochena, Armena, Chaldea, Constantinopolitan) and which contains or is at least capable
of containing several communities and parks with hierarchically armed wings under the
guidance of a common Hierarch (Patriarch, Major Archbishop, Metropolitan, Bishop or other
Hierarch) legitimately elected or appointed and in communion with the Roman Pontiff, who
Hierarch with his own. Synod or other similar institution constitutes the superior instance for
all administrative, legislative and judicial affairs of the same communities,

 Hierarch (Hierarcha)
The Hierarch and the Hierarch of the place are, in general, equivalent to the ordinary and the
ordinary of the place mentioned in the CIC; but this name also indicates those who hold a
typically Eastern ecclesiastical office, such as the patriarch with regard to his eparchy, but not
outside it.

 Why doesn't it translate sui Iuris into Italian?

 Because there is a risk of not fully expressing the relative autonomy of the
various species of Eastern Catholic Churches.
 Church of proper law "in a broad sense is also an eparchy (-diocese); moreover,
in canonical doctrine," proper law "also means that of religious.
 Because it has now become a technical term in the canonical literature. Each of
these Churches is led by a single hierarch in whom the unity of that Church is
juridically represented.

Q. Should the Latin Church be considered a Church sui iuris?

1) Nothing is opposed to the addition of the other 22 sui iuris Churches to the Latin Church
which, in fact, becomes the 23.
2) In cann. 37, 41, 207, 322, 432, 696, 830, 916, 1465 the Latin Church is mentioned and is
implicitly considered as one of the sui iuris Churches.
3) According to cann. 111 and 112 of CIC, the self-definition of the Latin Church as one of the
Ecclesiae rituales sui iuris is supposed, as it is not stated directly, but in an oblique way
4) However, the Latin Church cannot be assimilated to an Eastern Patriarchal Church or to
another
juridical figure of the Eastern Church sui Iuris, given its unique juridical figure.
 Because the Supreme Pontiff who is head and bishop of Rome, successor of St. Peter,
has a primatial power that is not ius humanum. For this reason there is a need by nature
guilty to endow the Latin Church with a separate Code, while in the other cases the
canonical norms of the other Churches sui iuris have been brought together in a
separate Code.
 The juridical figure of the Latin Church is fundamentally the same that was proper to the
universal Church at the beginning with the Pope successor of Peter and the Bishops
successors of the Apostles without any intermediate authority which arose later in the
East and recognized by the supreme authority such as the Churches on Iuris.
5) In this way it can be affirmed in a broad and broad sense that among the Churches sui iuris
there is the Latin one, governed by one of its CIC.
3. Comment on can. 1 of CIC and CCEO

A. Previous legislation

1) Can. 1 CIC 1917: "Licet in Codice turis canonici Ecclesiae quoque Orientalis Discipline xaepe
referatur, ipse tamen anam respicit Latinam Exclesiam, neque Orientalem obligat, nisi de tis
agatur, quae ex ipsa rei natura etiam Orientalem afficiunt".
 Therefore, he obliged only the Christian faithful of the Latin Church, even though he
often mentioned the discipline of the "Eastern Church".
 However, there were in the Code of canonical dispositions that applied ex ipsa natura in
the "Eastern Church".
i. Those contained in the laws that were universal by their nature: the dogmatic
laws.
ii. Those which specifically concerned the Orientals: cann. 98, 257, 804, 816, 819.
iii. This is always true and vice versa for the Latin faithful
2) In the previous legislation of the Eastern Churches
 In can. 1 of the Texts of 1945 and 1946 of the CICO: the Latins were bound by the
Oriental Code in cases where they were expressly mentioned.
 In can. 302 $ 2 Postquam Apostolicis Litteris: the Latin hierarchs were subject to the
Eastern Code, without the need to name them expressly.
 In can. 1 Clergy sanctitati made explicit by can. 15: "Praescriptis can 1 $ 2, 4, 5, 7, 10,
11 52, 13 tenetur clerici et fideles ciuisvis ritus, latinis haud exclusis.
 In the CICO 1986 scheme can. 1: "Canonex hudus Codicis omnes et solas Ecclesias
orientales catholicas respiciunt, nisi, relationes cum Ecclesia latina quod attinet,
expresse aliud statuitur":
 In the novissimum schema (1989) can. 1: "Canones huius Codicis omnes et solas
Ecclesias orientales catholicas respiciunt, nisi, relationes cum Ecclesia latina quod
attinet, aliud express statuitur"

B. Current legislation

1) The can. I CIC: "Canones huius Codicis unam Ecclesiam latinam respiciunt.

 It no longer names the Eastern Catholic Churches, which, according to the

declaration of the Second Vatican Council, have the right and duty to govern
themselves according to their own particular disciplines (OE 5; LG 23).
 However, the CIC also deals with the relations of Latin Catholics with those of the
Eastern Churches. and, in fact, recognizes that some provisions may concern these
relationships (e.g. 111, 112, 350 §§1 and 3, 372 §2, 383 52, 450 §1, 476, 479 §2,
518, 535 §2, 846 §2, 923, 991, 1015 $ 2, 1021, 1109, 1127 $ 1, 1248 §1.).
 The supreme legislator had to take these relationships into consideration, and
inasmuch as he was competent to the whole Church, he was able to overcome the
principle of non-interference enunciated in can. 1 CIC, and to dictate binding norms
for both parties, both for Latins and for members of the Eastern Catholic Churches.
  The Roman Pontiff had to choose a way to provide for the inter-ecclesial relationship:
i. Or whether to dictate in both the Codes the parallel rules suitable for
regulating said relationships,
ii. Or whether to promulgate a third inter-ecclesial code. The legislator
has chosen to resort to parallel rules.
iii. But, since the two editions took place separately and at different
times, there is no lack of dissonances and encroachments.
 In summary, the passive subject of the CIC primo et principaliter is the Latin Church; per
accidens all the others when it is said expressly or when it deals with matters which, by
its nature, also affect the Eastern Churches. Eg:

i. Dogmatic laws (cann. 330, 331, 375),

ii. Laws concerning divine law (can. 113).
iii. Decrees condemning errors, disciplinary decrees which also mention the
Eastern Churches (can. 1015 52). cf. can. 1492 CCEO.

2) Can. ICCEO: "Canones huius Codicis omnes et solas Ecclesias orientales catholicas
respiciunt nist, relationes cum Ecclesia latina quod attinet, aliud expresse statuitur"
 The Code is therefore for the Orientals, but it also concerns the Latin Church, when this
statuitur: in 9 canons: 37, 41, 207, 322 51, 432, 696 551-2, 830 $ 1,916 55, 1465.
 However, in the CCEO there are also other canons in which although the Latin Church is
not it is included as a Church sui iuris (29-41: inscription, 84 51: expressly named, it
pastoral action, 451, 517 52: admission into religious institutes ; 1013 52: offers; 1405
53: criminal laws; and also the canons concerning the legislation of inter-ecclesial
marriages).

3 Interpretative and supplementary relationship between two Codes

 In principle, the two Codes cannot automatically constitute a supplementary source of
20,000 right in the event of a lacuna in the law.
i. The CCEO cannot be considered as a juridical complement to the CIC, as it does
not seem that the Eastern Code can directly oblige the Latins for the sole nature
of the things it regulates.
ii. Therefore, in case of contradiction with the Latin Code, the Eastern Code, in
general, cannot oblige the Latin faithful as a later rule of the same Supreme
Legislator, since they are two different legal systems.

 However, from their comparison, new ideas will always arise to improve the other
discipline, even if not always automatically, but above all and mainly through specific
legislative acts.
 In the interpretation of the laws:
i. In addition to the proper meaning of the words in the text and context, while
doubt and obscurity remain, one must have recourse to parallel texts, to the
purpose and circumstances of the law (ratio legis), and to the mens
legislatoris (cf. can. 17 CIC; can. 1499 CCEO).
 ii. However, interpretation does not mean modification and therefore cannot
always constitute a solution in cases of possible contradiction between the
two Codes.

 When there is a gap in the law:

i. I cann. 19 CIC and 1501 CCEO recall the principle of supplementary law when
faced with a lacuna legis:
a. Laws issued in similar cases for CIC, the canons of the Synods and the Holy
Fathers for CCEO: analogia legis.
b. General principles of canon law: analogia iuris.
c. Ecclesiastical jurisprudence.
d. Common and constant opinion of the canonists.
ii. While can. 19 CIC says legibus latis in similar buses, can. 1501 CCEO says
secundum canones Synodorum et sanctorum Patrum. Therefore, when the
CCEO contains laws that regulate matters dealt with in the CIC, the oriental
norms can serve to fill the Latin gaps, but not vice versa.
iii. However, the interpretative principle of can. 19 CIC can only be invoked in
individual cases because only the legislator has the authority to intervene and
remedy these gaps in a definitive form.
 Therefore, when despite all the means used within each of the two Codes, a clear
reading and a corresponding interpretation of the legal norm is not reached, it would be
legitimate to have recourse to the parallel text of the other Code, at least by way of
directive or guidance, to fill the gap and make the norm intelligible.

4. Ascription and passage to a Church sui iuris

A. Registration of children under 14 (CIC 11151; CCEO 29 51) 1)

1) If both parents are from the same Church sui iuris or from the Latin Church
 With the administration of Baptism the children are enrolled in the Church of the parents.
 Even if there is mutual agreement of the parents, children cannot be enrolled in a
Church other than their parents.
 Even if the child is baptized according to a rite other than that of the parents or by a
minister of another Church sut turis, the administration of baptism is valid, but the child is
still enrolled in the Church of the parents.

2) If the parents are from different sui iuris Churches

 Can. 111 $ 1 CIC: With the reception of baptism the child is enrolled in the
Latin Church, if both parents by mutual agreement have opted for the
offspring to be baptized in the Catholic Church; if there is no mutual
agreement, the son is enrolled in the ritual Church, to which the father
belongs.

 The canon does not contemplate the possibility for the son of a Latin father to be
enrolled in the Eastern rite, because the 1983 Latin Code wanted to express itself only
 about the enrollment to the Tina Church, leaving the Eastern Code to regulate the
institution of law. Oriental.

 Can. 29 §1 CCEO: the child is enrolled in the Church of the father; but if there
is the common agreement of the parents that the child is enrolled in the
Church of the mother, he is enrolled in that of the mother.
i. Membership in the Church of the father prevails, in accordance with Eastern
traditions and the laws of personal statutes in force in the East.
ii. However, it can be enrolled in the mother's Church if both parents consent.
iii. This principle also applies to the Latin Church, because there is no opposition
between the two norms, since both in the CCEO and in the CIC, in the absence
of parental consent, the child is always enrolled in the Church of the father.
iv. However, it must be kept in mind that the particular law of a Church sui iuris
established by the Apostolic See, could maintain the principle of ascribing
children to the Church of the father, if particular circumstances and that good
order in the Church require it (clause of can. 29 § 1: except for iure particulars of
the Apostolic See statuto).

3) If only one parent is Catholic

 If only one parent is Catholic, the children are enrolled in the Church sui iuris of the
Catholic parent, both father and mother.
 Parents or those who take their place, who have their children baptized or educated in a
non-Catholic religion, are to be punished with a censure or other just penalty (cf. can.
1439 CCEO).
 A case: if a heterodox baptized child, but by the express will of the parents who is
educated catholic, to which church does he belong? He belongs to the Church in which
he received Catholic education.
 Another case: if the non-Catholic parent passes to the Catholic Church different from
that of the other parent, could he / she claim the right of enrollment in his own Church sul
iuris of the minor child of 14 years?
Prof. Lorusso believes that in this case the general rule of can. 29 $ 1 CCEO, but in my
opinion, the rule of can. 32 51, 33 and 34 because it is not a question of "ascription" but
of "passage".

4) Son of parents not united in marriage

 The child of an unmarried mother is enrolled in the Church of the mother (can. 29
42 CCEO), even if the father has recognized his paternity.
 A case: but if the parents later celebrate a valid ecclesiastical marriage, could the
father claim the right of enrollment in his Church sul iuris of the minor child of 14
years?
Prof. Lorusso believes that the general rule (can. 29 51) should be applied as it
also happens in the case of adoption; but it seems to me that if the woman
 passed to the Church of her husband in the celebration of marriage or during the
marriage, the children would have passed to the same Church; if instead the
woman remained to her Church, the children would pass only if both parents
consent, however, in this case the consent of the Apostolic See would also be
required to guarantee the validity of the passage.
 In the case of a declaration of nullity of marriage, will the 14-year-old minor child
enrolled in the Church sui iuris of the father have to pass to the Church sui iuris
of the unmarried mother?
Prof. Lorusso believes that in this case can. 29 §2, 1 °, that is, the child is to be
enrolled in the Church on the luris of the mother. But in my opinion, the sentence
of matrimonial nullity should clarify in each case the due support and education
of the children by the parents, as well as, consequently, the belonging of the
children to the Church sui iuris. children would remain in the Church already
enrolled, because the general principle prevails: "No one can validly pass to
another Church sui iuris, without the consent of the Apostolic See (can. 32 §1).

5) Child of unknown parents

 The child of unknown parents is enrolled in the Church of those to whose care it
has been legitimately entrusted (can. 29 §2, 2 CCEO). Such care could be
entrusted to the godfather or godmother.
 In case of adoption, the same norms of §1 of can. 29.
i. If the adopted child under the age of 14 has already received baptism,
since the adoption determines the same juridical relationship that exists
between parents and children, the adopted child should in any case pass
to the same Church sui iuris as the adoptive parents or to one of the
Churches sui iuris. turis of adoptive parents without seeking the consent
of the Apostolic See (cf. can. 29 §1, 34).
ii. If the parents belong to different sui iuris Churches, the principles of cann.
29 §1 CCEO and 111 §1 CIC. That is, if both parents allow it, the child is
enrolled in the mother's Church; if there is no such agreement, it is
ascribed to the Church of the father. If only one parent is Catholic, that
parent's Church is enrolled.

6) Child of unbaptized parents

 If non-baptized parents ask to baptize their child, according to can. 29 §2, 3 °, that child
is ascribed by baptism to the Church sui furis to which the person who has taken up his
Catholic education belongs.
 But the consent of at least one of the parents is required (cf. can. 681, 2º CCEO), unless
the child is in danger of death (can. 681 $ 4 CCEO).
A case: but if the parents were subsequently baptized could they claim the right to ascribe their
child to their Church sui iuris?
We believe that in this case the general rule should apply (cf. cann. 29 51, 34). But, it is difficult
to think that, after entrusting their child to the education of a sui turis Church, the parents are
later baptized in another sui furis Church.
7) Son of baptized non-Catholic parents
 The child of baptized non-Catholic parents will be baptized only if at least one of them or
the one who legitimately takes their place so requests, and if it is physically or morally
impossible for them to go to their non-Catholic minister (can. 681 55 CCPO, cf. 868 $ 1,
1º CIC).
 If baptized non-Catholic parents also ask for acceptance into the Catholic Church, they
will be accepted only if no serious inconvenience is foreseen for the Church or for the
same and there is a well-founded hope that the child will be educated in the Catholic
faith; otherwise, it is convenient to postpone the reception to the 14th year of age,
unless the danger of death is imminent (cann. 681 §1, 1 °, 900 CCEO).
 The child will be enrolled, mutatis mutandis (can. 29 §2, 3 ° CCEO), to the Church of the
one who has taken up his education in the Catholic faith.
 It will be convenient that the child belongs to the Church sul turis corresponding to that
of baptized non-Catholic parents, thus without prejudice to the principle of can. 35
CCEO and parents and child will be included in the same liturgical-cultural tradition.

B. Baptizing of 14 years old

1) Anyone who is baptized who has reached the age of 14 can freely choose any Church sui
iuris to which he is enrolled by receiving baptism in it (can. 30 CCEO).

2) The clause of can. 30 CCEO, except for iure particulars a Sede Apostolica statuto, does not
infringe the fundamental right of freedom of the person, but will serve to regulate particular
situations of persons or regions (e.g. the Apostolic See can establish a particular right which
obliges the baptized person to follow the Church parents or father).

C Transfer with the consent of the Apostolic See (can. 32 §§1-2 CCEO)
1) After receiving baptism, no one can pass validly to another Church sui luris without
the consent (or license in the CIC) of the Apostolic See.
2) Presumed consent: the conditions for this presumption are two:
 The two sui iuris Churches from which and to which the passage takes place
must have their own eparchies in the same territory.
 The bishops and parishes of both eparchies consent in writing to the passage. In
this case alone, the consent of the Apostolic See is presumed, that is, without
having to have direct recourse to it.
3) The extension of the presumed consent to the Latin faithful
 This presumption is not envisaged in the CIC; therefore by “Rescrptum ex audientia Ss
min of November 26, 1992, this presumption was also extended to the Latin Church.
Therefore, in the case of a Latin faithful who asks to pass to an Eastern Church sui iuris
which has its own eparchy in the same territory, this consent of the Apostolic See is
 presumed, provided that the Eastern Bishop and the Latin Bishop consent in writing to
the passage.
 However, it should be noted that the Rescript considers the transition from the Latin
Church to an Eastern Church as zui juris, but does not consider the reverse case. Cine,
if an oriental faithful wants to pass to the Latin Church, the explicit consent of the
Apostolic See is always required despite the fact that both Bishops of the same territory
consent in writing to the passage

D. Transfer of the coninge to the Church za iuris of the other spouse

1) In can. 112 61, 2 CIC each of the spouses can be enrolled in the Church of the other
2) In can. 33 CCEO, on the other hand, only the wife can think of her husband's Church no iuris,
according to the Eastern custom of the prevalence of the husband, while the husband does not
have this right.
3) In cases of marriage between Latin and Oriental spouses
 Latin husband and oriental wife
i. The husband can pass to the Church sui iuris of his wife without asking the consent
of the Apostolic See, because it is a personal right of the Latin faithful which must
always be respected by any Gera Hierarch.
ii. The wife can of course move on to the Latin Church
 Oriental husband and Latin wife
i. The Eastern husband must ask for the consent of the Apostolic See (can 32 51)
to pass to the Latin Church, except for 32 52 CCEO.
ii. The wife is always free to go to her husband's Church.
4) The transition can take place both in the celebration of marriage and during marriage.
5) After the marriage (death, dissolution, declaration of nullity), the spouse who had passed to
the Church of the other, can freely return to the previous Church.
E. Transfer of children under the age of 14 whose parents transfer to another Church nui turis
or, in a mixed marriage, whose parent is Catholic
1) If both parents pass to another Church sud iuris, their children under 14 have passed to the
same Church by ipso iure.
2) If only one of the parents passes to another Church sui iuris, the children pass only if both
parents agree. This principle is also valid in the Latin Church.
3) In mixed marriage, the Catholic spouse passes to another Church sui iuris, the children follow
the Catholic one and have passed to the same Church.
4) The children, who have reached the age of fourteen, can freely return to the Church of origin.

5. The different structures of the Oriental Churches sui iuris

A. The current Oriental Churches sui furis are (from the 2005 Pontifical Yearbook):

Hierarchy church Title Tradition Population Headquarte

rs
5 Patriarch 252,790
Coptic Alexandria
patriarchal Alexandrinus Alexandrina faithful in 7
church (cairo)
churches Coptorum eparchies
Maronite Patriarch Antiochena 3,097,340 Joubbé-
 faithful in 23
sarba-
eparchies
Antochenus Jounieh
Church and 2
Maronitarum (Bkerké in
patriarchal
Liano)
exarchats
1,342,014
faithful in 19
Patriarch eparchies, 2
Mekita Antiochenus patriarchal
Constantinopolitan Damascus
Church Graecorum exarchats
Mekitarum and 2
apostolic
exarchats.
123,668
faithful in 9
eparchies, 3
Patriarch
Sira patriarchal
Antiochenus Antiochena Beirut
Church exarchats
Syrorum
and the
apostolic
exarchate.
368,101
faithful in 10
eparchies, 3
Patriarch
Armenian patriarchal
Ciliciae Armenian Beirut
Church exarchats
Armenorum
and the
apostolic
exarchate
Patriarch 356,682
Chaldean
Babylonensis Chaldea faithful in 20 Baghdad
Church
Chaldaeorum eparchies

Headquarte
Hierarchy church Title Tradition Population
rs
4 4,268,577
Archbishop's faithful in 22
Churches Major eparchies, 3
the major Ucrania Archbishop Constantine- archbishopric
Lviv
ones Church Leopolitamus politana exarchats
Ucrainorum and 3
apostolic
exarts
Major 3,699,142
Malabar Ernakulam-
Archbishop Chaldea faithful in 26
Church Angamaly
Ernakulamensis eparchies
Malankara Major Antiochena 402,702 Trivandrum
Church Archbishop faithful in 5
Trivandrensis eparchies
syorum
 Malakarensium
Major
Archbishop
741,917
Romanian Fagaraasiensis Constantine-
faithful in 6 Blaj
Church et Albae politana
eparchies
Iuliensis
Romenorum

Headquarte
Hierarchy church Title Tradition Population
rs
Metropolitan of 225,224
Ethiopian Addis
Addis ababa Alexandrina faithful in 6
Church Ababa
Neanthopolitanus eparchies
597,085 in 5
3 Ruthenian Metropolitan eparchies
Constantine-
metropolitan Church of Pittsburgensis and 1 Pittsburgh
politana
churches the USA ritus byzantini apostolic
exarchate
2 eparchies and Presov,
Slovak Constantine- 225,369
1 apostolic Kosice and
Church politana faithful
exarchate Toronto.

Headquarte
Hierarchy church Title Tradition Population
rs
The other 9 Apostolic
churches Albanian Administration Constantine-
3,200 faithful
Sui Iuris Church of Southern politana
Albania
Belarusian Apostolic Constantine-
Church Exarchate politana
38,245
faithful in 1
Church of
eparchy, 1
the Eparchy of Constantine-
apostolic Krizevci
Byzantines Krizevci politana
exarchate of
in Croatia
Serbia and
Montenegro
Bulgarian Apostolic Constantine- 10,000
church Exarchate politana faithful
2,349 faithful
in 2 apostolic
Greek Apostolic Constantine-
exarchats (of Athens
Church Exarchate politana
Athens and
Istanbul)
Italian- 2 Eparchies and Constantine- 61,398 Lungro,
Albanian 1 exarchic politana faithful Piana degli
Church monastery Albanesi and
the
monastery of
 Grottaferata
Macedonian Apostolic Constantine- 11,398 Nort
Church Exarchate politana faithful Macedonia
Russian Apostolic Constantine-
Church Exarchate politana
1 eparchy and 1
Hungarian Constantine- 268,935 Hajdúdorog
apostolic
Church politana faithful and Miskolc
exarchate

B. Patriarchal Church

1) Patriarchal institution
 According to the very ancient tradition of the Church, recognized since the first
Ecumenical Councils, the patriarchal institution is in force in the Church; therefore the
Patriarchs of the Eastern Churches, who each preside over their own patriarchal Church
as father and head, must be treated with particular honor (can. 55 CCEO).

 The erection, restoration, mutation and suppression of patriarchal Churches are

reserved to the supreme authority of the Church (can. 57 61 CCEO).

 Only the supreme authority of the Church can change the title legitimately recognized or
granted to each patriarchal Church (can. 57 §2 CCEO).

 The patriarchal Church must have the permanent seat of

residence of the Patriarch established, if possible, in the principal city from which the Patriarch
takes the title. This seat cannot be transferred except for a very serious cause, col
consent of the Synod of Bishops of the patriarchal Church and obtained the consent of the
Roman
Pontiff.

 The title of patriarch in the West (can. 438 CIC) is only honorific, with the exception of
the Patriarch
Latin of Jerusalem which has jurisdiction over the Latins of Palestine, Israel, Jordan and Cyprus,
The Latin patriarchates with only metropolitan jurisdiction are: Venice, West Indies, Lisbon, East
Indies.

2) Patriarch
 Definition: the Patriarch is a canonically elected, consecrated and enthroned Bishop for
a specific see, who has power over all the Bishops, not excluding Metropolitans, and
over all the other faithful of the Church of which he is head, in accordance with the law.
approved by the supreme authority of the Church (cf. can. 56 CCEO).

 The precedence of the Patriarchs (can 59)

 i. Patriarchs of the Eastern Churches have precedence throughout the world over all
Bishops of any rank, without prejudice to the special rules on precedence established by
the Roman Pontiff (ex. II CIC and the practice of the Roman liturgical ceremonial has
placed the Patriarchs after the Cardinals, cf. cann. 350 and 1558 §2 CIC).
ii. The Patriarchs of the Eastern Churches, even if later in time to each other, are all equal
in terms of patriarchal dignity, without prejudice to the priority of honor among them.
iii. The order of precedence among the ancient Patriarchal See of the Eastern Churches is
that in the first place comes the Constantinopolitan See, after it the Alexandrian, then the
Antiochene and finally the Gerosolimitana one.
 The patriarchal see is not to be confused with the rites, because the seat does not
always coincide with the relative rite. For example, the Patriarch of the Melkite Church
assumes the title of the Antiochian see, but the rite is Constantinopolitan.

 The See of Constantine and Jerusalem which are in communion with Rome do not exist
today. Instead, a See of Alexandria (Coptic Church) and three See of Antioch (Maronite
Church, Melkite Church, Syrian Church) exist in communion with Rome.

iv. Among the Patriarchs of the Eastern Churches who are of one and the same title, but who
preside over different Patriarchal Churches, the one who was first promoted to patriarchal
dignity takes precedence. (ex. Three patriarchates of Antioch: Maronite Church (1986). Melkite
Church (2000), Syrian Church (2001)).

 The rights and duties of the Patriarchs

the. The power of the Patriarchs

to. The power, according to the norms of canons and legitimate customs, is ordinary and
proper, but it is so personal that he cannot establish a Vicar for the entire patriarchal Church, or
delegate his power to someone for all cases.
b. The power of the patriarch can be exercised validly only within the boundaries of the
territory of the patriarchal Church, unless it is established otherwise by the nature of the
question, or by the common or particular law approved by the Roman Pontiff.
c. However, it does not have superior legislative and judicial power over the whole
patriarchal Church.
ii. Task for relationship between the Roman Pontiff and the whole patriarchal Church: It is the
responsibility of the Patriarch to notify the acts of the Roman Pontiff concerning the patriarchal
Church to the bishops and parishes and to the other recipients.
iii. Metropolitan supplementary power
It is up to the Patriarch:
to. In all places where the provinces are not erected, exercise the rights of Metropolitan and
fulfill the obligations;
b. To make up for the negligence of Metropolitans in accordance with the law;
c. In the vacancy of the metropolitan see, exercise the rights or fulfill the duties of the
Metropolitan throughout the province:
d. Admonish the Metropolitan that he did not appoint the treasurer according to the norm of can.
262, 51; after the admonition has been carried out in vain, appoint the treasurer himself,
iv. Power of the entire patriarchal Church
to. The Patriarch by his own right can:
i) Issue the decrees with which the procedures for applying the law are determined or
with which the observance of the law is urgent;
ii) To direct instructions to the faithful of the entire patriarchal Church to expound sound
doctrine, to foster piety, to correct abuses and to approve and recommend practices that
promote spiritual good,
iii) To send encyclical letters concerning one's own Church and the rite.
iv) The Patriarch can command that his decrees, instructions and encyclicals be publicly
read and exposed.
b. Task of the visit (not canonical, except in the case of negligence)

i) The patriarch, within the confines of the patriarchal Church, has the right and the duty to make
the pastoral visitation in each eparchy within the times established by particular law.
ii) Extraordinary Canonical Visit: the Patriarch can visit a church, a city or an eparchy, personally
or through another Bishop.
c. Task for the unity of the Church
i) The patriarch must promote unity of action within his own patriarchal Church and with the
other patriarchal Churches and the other sui iuris Churches that are in the same territory, having
the utmost concern for inter-ecclesial assemblies.
ii) He must encourage meetings between Hierarchs and the faithful.
v. Supra-episcopal and supra-metropolitan power
to. For a grave cause, the Patriarch can, with the consent of the Synod of Bishops and after
having consulted the Apostolic See, erect, circumscribe otherwise, unite, divide, suppress
provinces and eparchies, change their hierarchical rank and transfer the eparchial see.
b. With the consent of the Synod of Bishops it is up to the Patriarch:
i) To give the eparchial bishop a coadjutor bishop or an auxiliary bishop, observing cann.
181 §1, 182-187 and 212;
ii) To transfer the metropolitan or an eparchial or titular bishop to another metropolitan,
eparchial or titular see for a grave cause;
c. With the consent of the permanent synod, the patriarch can erect, change and suppress
exarchats.
d. It is up to the patriarch:
i) To give the patriarchal letters about the canonical provision to the Metropolitan or the
Bishop,
ii) To ordain Metropolitans personally or, if impeded, through other Bishops, as well as, if
particular law so provides, also to ordain all Bishops;
iii) enthrone the metropolitan after episcopal ordination;
iv) To ordain and enthrone the Metropolitans and all the other Bishops of the Church of
his own patriarchal Church, constituted by the Roman Pontiff outside the boundaries of the
territory of the same Church.
And. Other rights of the Patriarch
 i) The Patriarch can take care that in the Synod of Bishops some bishops of the
patriarchal curia are elected, no more than three, to whom he confers a curial office
ii) The Patriarch seeks to settle disputes between Bishops, without prejudice to the right
to refer them to the Roman Pontiff.
iii) Watch over all clerics; admonishes the hierarch to whom the cleric who deserves a
penalty is immediately subject; he himself can also proceed against the cleric according to the
norm of law.
iv) He can entrust tasks to clerics after consultation with the eparchial bishop or major
superior, unless particular law requires their consent.
v) He can confer a dignity recognized in his own Church on any cleric, without prejudice
to can. 430, provided there is the written consent of the eparchial bishop or major superior.
vi) Patriarchal exemption: for a grave cause and after consulting the eparchial bishop
and with the consent of the permanent synod, the patriarch can remove a place or a juridical
person that does not belong to a religious institute, in the very act of erection. , by the power of
the eparchial bishop and immediately submit him to himself.
vii) The Patriarch must be commemorated in the Divine Liturgy and in the divine praises,
after the Roman Pontiff, by all the Bishops and by all the other clerics according to the
prescriptions of the liturgical books.

f. The other duties of the Patriarch

i) Sending the report to the Roman Pontiff on the state of the patriarchal Church; visit to
the Roman Pontiff within one year of his election.
ii) Obligation of residence, of the Divine Liturgy pro populo.
iii) Obligation to catechize and preach.
iv) Supervision over the Bishops so that they fulfill their duty.
v) Supervision of ecclesiastical assets.

g. The Patriarch with the consent of the Synod of Bishops and with the prior consent of the
Roman Pontiff can stipulate conventions, which are not contrary to the law established by the
Apostolic See, with civil authority; but the Patriarch cannot render. executing the same
conventions except after obtaining the approval of the Roman Pontiff

h. The patriarch in his own eparchy, in stauropegiac monasteries, as well as in places where
neither an eparchy nor an exarchate is created, has the same rights and duties as the eparchial
bishop.

 Stauproegiac Monastery: A stauropegiac monastery is a monastery of patriarchal law

and as such is immediately subject to the Patriarch. The Greek word stauropegia refers
to the ancient rite of the dedication and blessing of a monastery, in which a cross
(stauròs) was fixed (pignumi) on the place of the future altar.
3) Synod of Bishops of the Patriarchal Church
Concept of the Synod of Bishops
i. In the previous law, CS, the Synods of a Patriarchate are considered as Synods of the
Patriarch and not of the Patriarchal Church. Even Vatican II, in OE 9 says Patriarchae
 cum suis synodis. This does not correspond to the sacred canoners of the first
millennium.
ii. In current law, the Patriarch is surrounded by the Synod of Bishops, to which all the
ordained bishops of the patriarchal Church belong. All decisions of any importance are
made, not by the Patriarch, but by the Patriarch in conjunction with the Synod of
Bishops.
to. Legislative power in the patriarchal Church belongs exclusively to the Synod of
Bishops; the Patriarch simply has the right to promulgate laws and publish them and
enjoys administrative power.The Synod of Bishops constitutes the superior tribunal of
the patriarchal Church, i.e.
b. ll. he also enjoys the superior judicial power.
 The members of the Synod of Bishops
i. Ordained bishops of the patriarchal Church constituted everywhere, excluding those
contemplated by cann. 953 51, 1433 and 1434: incapable of a human act; those who
lack an active voice, apostates and public schismatics; those reduced to an inferior
state and deposed by the clerical state; the excommunicated.
ii. Particular law can limit the deliberative vote of eparchial bishops constituted outside
the territory and titular bishops, except for the election of the patriarch, bishops and
candidates for the offices of can. 149: Eparchial bishop, coadjutor and auxiliary
outside the territory.
iii. iii. The patriarch can invite other persons, according to the norm of particular law or
with the consent of the permanent synod, except for the election of the patriarch.
 The convocation of the Synod of Bishops of the patriarchal Church
i. The Synod of Bishops must be convened whenever:
a. Business must be dealt with which are the exclusive competence of the
Synod of Bishops, or to carry out which the consent of the Synod itself is
required;
b. The Patriarch with the consent of the Permanent Synod deems it
necessary;
c. At least a third of the members request it for a certain business.
ii. Furthermore, the Synod of Bishops must be convened, if particular law so
establishes, at specific times, even every year

 The validity of the Synod of Bishops

i. If the majority of Bishops is present, each session of the Synod of Bishops is

canonical and each individual scrutiny is valid, unless particular law requires a
greater presence and without prejudice to cann. 69, 149 and 183 $ 1 (the election of
the Patriarch and the Bishops: presence of 2/3).
ii. The Synod of Bishops has the right to establish how many votes and how many
ballots are required for synodal decisions to have juridical validity; otherwise the
general rule of can. 924; without prejudice to cann. 72, 149 and 183 883 and 4 (the
election of the Patriarch and the Bishops).
 Tasks of the Patriarch on the Synod of Bishops
 i. It is up to the Patriarch to convoke the Synod of Bishops, to open it and to preside
over it.
ii. With the consent of the same Synod, it is up to the Patriarch to transfer it, extend it,
suspend it or dissolve it.
iii. It is the responsibility of the Patriarch, having first heard the members of the Synod
of Bishops, prepare the agenda to be observed in the matters to be examined and
submitted for approval by the Synod at the beginning of the sessions.
 During the Synod of Bishops, individual Bishops can add to the questions proposed, if at
least one third of the members who participate in the Synod allows.
iv. It is up to the Patriarch to promulgate and publish synodal laws and decisions.
v. The authentic interpretation of the laws of the Synod of Bishops up to the future Synod
belongs to the Patriarch, having consulted the permanent Synod.

 Power of the Synod of Bishops of the Patriarchal Church

the. Legislative power
to. The Synod has legislative power for the entire patriarchal Church within the
boundaries of the territory.
b. If the laws are approved by the Apostolic See or if the eparchial bishops constituted
outside the territory give the force of law to those laws in their eparchies, they also apply outside
the territory of the patriarchal Church.
c. Liturgical laws apply everywhere (can. 150 §§2-3).
d. It is for the Synod of Bishops to define the manner and time for the promulgation of
laws and for the publication of decisions.
ii. The judicial power
to. The Synod of Bishops, without prejudice to the competence of the Apostolic See, is
the superior tribunal within the boundaries of the territory of the same Church (can. 1062).
b. The Synod of Bishops must elect a Moderator General of the administration of justice
by secret votes for a period of five years, as well as two Bishops who together with him
constitute the tribunal.
c. It is the duty of this tribunal to judge the contentious cases of both eparchies and
bishops, including titular bishops.
iii. Administrative authority
to. The election of the Patriarch and of the Bishops within the territory is up to the Synod
of Bishops. as well as candidates to be presented to the Roman Pontiff for appointment.
b. It is competent to accept the resignation of the Patriarch, after consulting the Roman
Pontiff, unless the Patriarch has addressed the Roman Pontiff directly.
c. The Synod can remove the president of the ordinary tribunal of the patriarchal Church,
the judges, the promoter of justice and the defenders of the bond.
d. If necessary, the Synod can erect a tribunal for different eparchies within the
boundaries of the territory.
iv. Businesses that require the consent of the Synod of Bishops of the patriarchal
Church: cann. 57 83, 85 §§1-2, 98, 108 §1, 122 §2, 141, 211 §1, 213 §2, 314 §2, 334 §1, 397,
440 §2, 642 §2, 649, 657 §1, 727, 898 $ 1, 928 1st, 1037 3rd.
4) Permanent Synod
 The permanent synod is a minor synod of the patriarchal Church which constitutes the
patriarchal curia with the bishops of the patriarchal curia, with the ordinary tribunal, with
the patriarchal treasurer, with the patriarchal chancellor, with the liturgical commission
and with other commissions. It is, in a certain sense, representative of the Synod of
Bishops, because it elects three of its members.
 It is made up of the Patriarch and four Bishops designated for a five-year term.
i. Three of these Bishops are elected by the Synod of Bishops; among which at least two
must
to be eparchial bishops, one is appointed by the patriarch.
ii. At the same time and manner, as far as possible, four Bishops are to be designated
to alternatively replace the impeded members of the permanent Synod.
 The permanent synod must be convened:
i. At certain times, at least twice a year;
ii. Whenever the Patriarch deems it appropriate (for consultation on matters of ordinary
administration or to deal with urgent business),
iii. On all occasions in which matters must be resolved for which common law requires
the consent or opinion of the Synod itself.
 Its members live in the patriarchal curia or nearby to encourage a ready
convocation

5) Vacant Patriarchal See

 The patriarchal see becomes vacant with the death or resignation of the patriarch.
 During the vacancy of the Patriarchal See, the Administrator of the Patriarchal Church
Elder bishop by episcopal ordination among the bishops of the patriarchal curia or, if
these are missing, among the Bishops, who are members of the permanent Synod. It is up to
the Administrator:
i. Immediately communicate the news of the vacancy of the See to the Roman
Pontiff as well as to all the Bishops of the Patriarchal Church.
ii. Accurately execute or arrange for others to execute the special norms for the
vacancy of the Patriarchal See.
iii. To convoke the bishops to the synod of bishops of the patriarchal Church for the
election of the patriarch and to arrange all the other things necessary for the
same synod.
 The administrator cannot remove the Protosyncellus or the Syncells of the eparchy of
the Patriarch;
with the consent of the permanent synod, he can ascribe, dismiss or grant the
transmigration to a cleric; can grant dimissorial letters, but not to those who
they were rejected by the Patriarch.
 Syncellus: He was originally the monk companion of the monk who was elected
bishop, and therefore went to share the latter's "cell". Diner e
confidant, he often became very powerful and, when the seat was vacant, it often happened
in the office of bishop or patriarch. The protosyncellus and the syncellus, named by
eparchial bishop, participate in his executive powers, within certain limits established by the
law. They correspond to the general vicar and episcopal vicar of the CIC.
 The Patriarch is canonically elected in the Synod of Bishops of the Patriarchal Church,
i. The meeting of the Synod must take place within one month of the vacancy of the
See.
ii. If two thirds of the bishops are present, the convocation is done canonically and the
election can proceed.
iii. The one who received two thirds of the votes is elected; after at least three ballots,
an absolute majority of votes is sufficient.
 The Synod informs the Roman Pontiff as soon as possible by means of synodal letters
of the election
of the enthronement, of the profession of faith and of the promise to fulfill faithfully
his office pronounced by the new Patriarch; the synodal letters are also sent to the
Patriarchs of the other Eastern Churches.
 The new Patriarch must request ecclesiastical communion from the Roman Pontiff with
the letter signed in his hand.
 The Patriarch exercises his office validly from the moment of enthronement.
 Before receiving ecclesiastical communion from the Roman Pontiff, he is not to convene
the Synod or orders of Bishops.

C Major Archbishop's Church

1) The major archbishop's church is a suf iuris church presided over by a major archbishop.
2) Equivalence: What has been said for the Patriarchs and the Patriarchal Churches is also
valid for the Major Archbishops and the Major Archbishopric Churches (OE 10, can. 152),
unless it is
otherwise expressly provided for by common law or not evident from the nature of the thing.

3) Major Archbishop
 Definition: he is a Metropolitan who presides over a Church sui iuris not awarded the
patriarchal title but called "major archbishop".
 The additional wording "major" is of recent use, but was adopted by the Second Vatican
Council. It serves to distinguish an Archbishop, whose canonical status is almost
equivalent to that of the Patriarch, from other Archbishops.
 For the equivalence of the patriarchal Church, like the Patriarch, the Major Archbishop is
a Bishop who has power over all the Bishops, not excluding the Metropolitans, and over
all the other Christian faithful of the Church over which he presides, in accordance with
right approved by the supreme authority of the Church.
 The precedence of the major archbishops: The major archbishops obtain the
precedence of honor immediately after the patriarchs, according to the order of creation
of the Church, over which they preside, in the major archbishopric Church.
4) After he is elected Major Archbishop:
 After the acceptance of the person elected, the Synod of Bishops of the major
archiepiscopal Church must inform the Roman Pontiff with a synodal letter of the
election.
  The person elected must then request, by handwritten letter, the confirmation of his
election from the Roman Pontiff.
 Once confirmed, the elected must make, before the Synod of Bishops, the profession of
faith and the promise to faithfully fulfill his office. After that, we proceed to the
proclamation and enthronement; if, however, the one elected has not yet been ordained
bishop, the enthronement cannot be validly completed before the one elected has
received episcopal ordination.
 If, on the other hand, confirmation is denied, the new election is to be completed within
the term established by the Roman Pontiff.

D. Metropolitan church sui iuris

1) Notion of the metropolitan Church sui iuris
 It is a Church sui iuris presided over by a Metropolitan of a specific See, helped,
according to the law, by an assembly of Hierarchs called the Council of Hierarchs.
 First of all it is necessary to distinguish this Church from the metropolitan provinces in
the patriarchal or major archiepiscopal Church, presided over by a Metropolitan.
i. A metropolitan province of the patriarchal church or major archbishop is not a sui
iuris church, but depends on the patriarch or major archbishop,
ii. On the other hand, the metropolitan Church d iuris means a Church wul turis which is
foreseen by can. 27, and depends solely on the Supreme authority of the Church,
the one who presides over the metropolitan Church enjoys supra-episcopal power,
but is devoid of supra-metropolitan power.
iii. Consequently, the metropolitan Church su iuris is not to be assimilated to a Latin
metropolitan province, at the head of which in the suffragance dioceses some
functions established by the CIC, cann 435-437.
 Only the supreme authority of the Church can erect, change, suppress and circumscribe
otherwise the Metropolitan Church sui iuris (can. 155).

2) Metropolitan of the Metropolitan Church sud iuris

 And appointed by the Roman Pontiff.
 The power: it is ordinary and proper over the Bishops and all the other faithful of the
Metropolitan Church, validly exercised only within the boundaries of the territory, but so
personal that the Metropolitan himself cannot appoint a Vicar for the entire Metropolitan
Church on Iuris or delegate his authority to someone for a set of cases.
 Takes the title from the headquarters in the main city; he has the same rights and duties
as the eparchial bishop in his eparchy.
 It is for the Metropolitan of the Metropolitan Church sui iuris:
i. The promulgation of laws and the publication of the decisions of the Council of
Hierarchs:
ii. Administrative acts whether the canons expressly refer to the Metropolitan or are
entrusted by common law to the superior administrative authority of the Church sui
iuris, with the consent, however, of the Council of Hierarchs;
iii. To ordain and enthrone the Bishops of the same Church;
 iv. To convoke the Council of Hierarchs in accordance with the law, to properly arrange
the matters to be dealt with in it, to preside over it, transfer it, extend it, suspend it
and dissolve it;
v. Establish the metropolitan court,
vi. To ensure that the faith and ecclesiastical discipline are observed;
vii. To carry out the canonical visitation in the eparchies, if the eparchial bishop was
negligent;
viii. Appoint the Administrator of the eparchy if he is neglected to do so or does not have
the requisites required (cf. can. 221, 4 ");
ix. Appoint and confirm the one who has been legitimately proposed and elected to an
office if he has been neglected by the eparchial bishop;
x. To communicate the acts of the Roman Pontiff to the eparchial bishops and others
to whom they belong, and to ensure the faithful execution of the prescriptions
provided for in these acts.

 Some duties of the Metropolitan of the Metropolitan Church sui iuris

i. In extraordinary affairs or those involving special difficulty, he must listen to the
eparchial bishops and vice versa.
ii. The Metropolitan must commemorate the Roman Pontiff in the Divine Liturgy and in the
divine praises according to the prescriptions of the liturgical books and ensure that this
is done faithfully by all the Bishops and by all the other clerics of the Metropolitan
Church sui iuris (the Metropolitan must be also commemorated after the Roman Pontiff
in the Liturgy).
iii. The Metropolitan should have a frequent relationship with the Roman Pontiff, the visit
which he must make every five years, according to the norm of can. 208 §2, is to be
done, as far as possible, with all the Bishops of the metropolitan Church sui iuris,

3) Council of Hierarchs
 Members of the Council of Hierarchs: all the ordained bishops constituted wherever they
are.
i. Those mentioned in can. 953 81, or those who have been punished with penalties,
are excluded
canons mentioned in cann. 1433 and 1434

ii. Exarchs who are not ordained bishops must be summoned to the Council of
Hierarchs, but do not have a deliberative vote.
iii. Bishops of another Church sui iuris can only be invited as guests if the majority of the
members of the Council of Hierarchs like it.
 Vote in the Council of Hierarchs
i. The eparchial bishops and coadjutor bishops have a deliberative vote.
ii. All the other Bishops of the Metropolitan Church sui juris can have a deliberative vote if
this is expressly established in particular law, otherwise they only have a consultative
vote.
 The convocation of the Council of Hierarchs:
 i. Ordinary convocation: at least once a year.
ii. The extraordinary call:
a. Whenever, according to the norm of law, affairs which belong to the
exclusive competence of the Council of Hierarchs must be dealt with (cf.
cann. 167-168).
b. Whenever the consent of the Council of Hierarchs is required to carry out
some affairs of the Metropolitan Church sui iuris.
c. Whenever special circumstances require it.
 The statutes of the Council of Hierarchs
i. The Council of Hierarchs draws up its statutes and transmits them to the Apostolic See.
ii. The Statutes must provide for:
a. The secretariat of the Council;
b. The preparatory commissions;
c. The order of procedure;
d. The other means that make it possible to achieve the end more effectively.
 It is up to the Council of Hierarchs:
i. Legislative power: not only in cases where the canons expressly attribute to the Council,
but, in general, whenever common law refers to the particular right of a sui iuris Church
to issue laws and norms.
a. The Metropolitan is to make known to the Apostolic See the laws and norms issued by
the Council of Hierarchs.
b. Laws and norms cannot be promulgated validly before the Metropolitan has been
notified in writing by the Apostolic See.
ii. Compose a list of at least three candidates, for the appointment of the Metropolitan and
the Bishops, for each case, most suitable to be sent to the Apostolic See.

4) Vacant seat of the Metropolitan Church sui iuris

 Administrator is the eparchial bishop of the same Church who is the oldest by episcopal
ordination.
 The Protosyncellus and the Sincellis immediately cease from office, unless they are
ordained bishops.
 In order to be able to ascribe, dismiss or grant transmigration to a cleric, the consent of
the college of consultors is required, but only after one year from the vacancy of the see.

 The Administrator can grant dimissorial letters, with the consent of the college of
consultors, but not to those who have been rejected by the Metropolitan.
 The Metropolitan is appointed by the Roman Pontiff from among the candidates
proposed by the Council of Hierarchs.
 Within three months, to be calculated from the episcopal ordination or, if he has already
been ordained a bishop, from the enthronement, the Metropolitan is obliged to ask the
Roman Pontiff for the pallium.
 Before the imposition of the pallium, the Metropolitan cannot convoke the Council of
Hierarchs or ordain Bishops.
E. Other Churches sui Iuris
1) Definition of a Church su iuris Which is neither patriarchal, nor major archbishop, nor
metropolitan, is entrusted to the Hierarch, who presides over it in accordance with the particular
common law established by the Roman Pontiff.
2) These Churches immediately depend on the Apostolic See.
3) 11 Hierarch delegated by the Apostolic See (not the Hierarch who presides over the Church
sui iuris)
exercises the rights and duties mentioned in can. 159, nn. 3-8. That is, it is up to him:
 Establish the metropolitan court;
 To ensure that the faith and ecclesiastical discipline are observed;
 To carry out the canonical visitation in the eparchies, if the eparchial bishop was
negligent;
 Appoint the Administrator of the eparchy if he is neglected to do so or does not have the
requisites required (cf. can. 221, 4 ");
 Appoint and confirm the one who has been legitimately proposed and elected to an
office if he has been neglected by the eparchial bishop;
 Communicate the acts of the Roman Pontiff to the eparchial bishops and others to whom
they belong, e
to ensure the faithful execution of the prescriptions provided for in these acts.

4) The competence of the hierarch who presides over his Church sui iuris:
If the common law refers something to particular law or to the higher administrative authority
of the Church sui juris, the competent authority in these Churches is the hierarch who presides
over them in accordance with the law, with the consent of the Apostolic See, unless otherwise
expressly established.

5) The particular rights of the Churches sui iuris

 These Churches are bound to observe, in addition to the common law of all the Eastern
Churches, also the particular law established by the Roman Pontiff for each of them.
 Although these Churches sul iuris are sometimes reduced to a single eparchy, their ius
particulare of the same Churches sui iuris differs from the eparchial ius particulare.
i. Ius particulare eparchiale can be subsequently changed by the eparchial bishop.
ii. While the particularus of the Church sui furis becomes the ius stable of the Church sui
iuris as such, it is also valid for all the eparchies that may be erected within it.

 lus comune, ius particulare

lus comune indicates the law which is common to all the Eastern Catholic Churches, as well as
the law which is common to the whole Church. Any other right of the Eastern Catholic Churches
is a particular right. A right that is not common to an entire Church sui iuris is qualified as "a
more particular right".

6. The lower hierarchies in the Church sui iurs del right

A. Eparchia (Divcesi)
1) Definition: the eparchy is a portion of the people of God, which is entrusted to the pastoral
care of the Bishop with the cooperation of the presbyterate, so that, adhering to his Pastor and
reunited by him in the Holy Spirit through the Gospel and the Eucharist, constitutes a particular
Church in which the Church of Christ, one, holy, catholic and apostolic, is truly present and
active.
2) The erection, mutation and suppression of eparchies:
 Within the boundaries of the territory of the patriarchal Church, it is necessary to observe
can. 85 51;
that is, it belongs to the Patriarch with the consent of the Synod of Bishops.
 This also applies to the major archiepiscopal Church sui iuris for the equation.
 In all other cases it is the sole responsibility of the Apostolic See.
3) The designation of Bishops
 Within the boundaries of the territory of the patriarchal Church: with the canonical
election in accordance with the
canın 947-957, unless otherwise established by common law (also applies
to the Major Archbishop's Church)
the. The list of episcopable candidates
to. The Synod of Bishops examines the names of the candidates and compiles by secret
ballot the list of candidates which will be sent by the Patriarch to the Apostolic See for the
approval of the Roman Pontiff.
b. The assent of the Roman Pontiff is given for individual candidates and is valid until not
will have been explicitly revoked, in which case the candidate's name must be
removed from the list.
ii. The convocation of the Synod of Bishops for election
to. If two thirds of the bishops are present, the convocation is canonical and the election
can proceed.
b. The election requires an absolute majority of the votes of those present.
c. After three ineffective ballots, in the fourth ballot the votes are assigned only to the two
candidates who received the relative majority of votes in the third ballot.
d. If, because of the parity of votes in the third or fourth ballot, the parity is settled in
favor of the one who is older by presbyteral ordination; if no one precedes the others by
presbyteral ordination, the one who is older in age.
iii. If the elected is Among those, included in the list of candidates:
to. The Patriarch informs the person elected that the election has taken place.
b. If the one elected accepts the election, the Patriarch immediately informs the
Apostolic See of the acceptance of the election and of the day of the proclamation.
iv. If the person elected is not included in the list of candidates:
to. The Patriarch immediately informs the Apostolic See of the election to have the
consent of the Roman Pontiff, keeping everyone secret even towards the elected one.
b. Having obtained the consent of the Roman Pontiff, the Patriarch secretly orders the
election to be elected.
c. If the one elected accepts the election, the Patriarch immediately informs the Apostolic
See of the acceptance of the election and of the day of the proclamation.
  In all other cases, the Bishops are appointed by the Roman Pontiff, without prejudice to
cann. 149 and 168.
i. In the patriarchal Church, the Synod of Bishops elects at least 3 candidates to the
episcopate
outside the confines of the patriarchal Church and proposes them for nomination to the Roman.
Pontiff (can. 149).
ii. In the metropolitan Church rui iuris, the Council of Hierarchs proposes a "terni" of
candidates for the episcopate and sends it to the Apostolic See (can. 168).
 Before episcopal ordination the candidate makes the profession of faith, as well as the
promise of obedience towards the Roman Pontiff and in the patriarchal Churches also
the promise of obedience towards the Patriarch
 In the Latin Church, the elected Bishops take the oath to the Apostolic See.
 Episcopal ordination is to take place within three months of the proclamation in the case
of an elected person, or of the receipt of the apostolic letter in the case of an appointed
person.
 The eparchial bishop must take canonical possession of the eparchy within four months
from his election or appointment; the taking of canonical possession occurs with the
enthronement.

4) Vacant eparchial see

 The administrator is the coadjutor bishop, by the law itself, until he is enthroned as
eparchial bishop.
 Information on the eparchial vacancy to the Apostolic See
i. In the patriarchal Church, within the territory, the Patriarch informs the Apostolic See as
soon as possible
ii. In other cases, the metropolitan of the ecclesial province, or otherwise the senior priest
by ordination in the college of consultors, informs the Apostolic See as soon as possible
of the vacancy; if outside the territory of the patriarchal Church, the Patriarch is also
informed of the holiday.
 The Governor of the eparchy until the constitution of the Administrator
the. Within the territory of the patriarchal Church, the government passes to the Patriarch,
unless the law provides otherwise.
ii. In other cases, the government paussa to the auxiliary bishop or, if there are more than
one, to the most senior auxiliary bishop by episcopal ordination or, if there is no auxiliary bishop,
to the college of consultors; the aforementioned govern interinally with the power that common
law recognizes to the Protosyncellus,
 The establishment of the Administrator
the. Within the territory of the patriarchal Church, the Patriarch appoints the Administrator
within one month, after having consulted the Bishops of the Patriarchal Curia, if there are any,
otherwise, having consulted the permanent Synod; otherwise, the appointment of the
Administrator is devolved to the Apostolic See.
ii. In other cases, the college of consultors must elect the Administrator within eight days:
otherwise, the appointment of the Administrator is devolved to the Metropolitan or, if he is
absent or impeded, to the Apostolic See.
 iii. By constituting the Administrator, it is not possible to keep a part of authority for oneself,
nor to determine the duration of the management of the office, nor to establish other restrictions.
 The resignation of the Administrator
i. Within the territory of the patriarchal Church, the resignation must be presented to the
patriarch
and it must be accepted for it to be valid.
ii. In other cases, the resignation must be presented to the college of consultors and is not
it must be accepted for it to be valid.
 Removal of the Administrator
the. Within the territory of the patriarchal Church, it is the responsibility of the patriarch with
the consent of the Synod
Permanent.
ii. In other cases, it is reserved to the Apostolic See.
 The termination of the offices of the Protosyncellus and the Sincelli
i. If they are ordained bishops, the offices do not cease; the auxiliary bishop retains the
powers to be exercised under the authority of the Administrator, who had full see as
Protosyncellus of Sincello
ii. In the eparchy of the Patriarch these offices do not cease.
iii. Within the territory of the patriarchal Church, these offices do not cease until the
Administrator of the eparchy has taken canonical possession of his office.
iv. In other cases, the offices cease immediately.
 About some important administrative acts
i. Within the territory of the patriarchal Church, the Administrator can ascribe, dismiss or
grant transmigration to a cleric with the consent of the Patriarch.
ii. In other cases, the administrator can do them only after one year from the vacancy of the
seat and with the consent of the college of consultors.

B. Exarchate
1) Definition: the exarchate is a portion of the people of God, which due to special
circumstances is not erected as an eparchy and which is territorially circumscribed or for any
other reason entrusted to the pastoral care of the Exarch
2) The erection, modification and suppression of the exarchate
 Within the territory of the patriarchal Church: it pertains to the patriarch with the consent
of the permanent synod (can. 85 §3) Patriarchal exarchate
 All other exarchats: it belongs to the Apostolic See Apostolic Exarchate
3) The power of the exarch is ordinary and vicarious
 In the patriarchal exarchate, the exarch governs in the name of the patriarch.
 In the apostolic exarchate the exarch governs in the name of the Roman Pontiff.
4) The equation of the exarchate to the eparchy
What is said in law about eparchies and bishops and parishes alike, is also valid for exarchats
and exarchs, unless it is expressly provided otherwise by law, or is not clear from the nature of
the matter.
5) Appointment of the Exarch
  Within the boundaries of the territory of the patriarchal Church:

i. In the case of a non-bishop exarch, he is appointed by the patriarch with the consent of
the permanent synod.
ii. If it is an exarch who is to be ordained a bishop, he must be elected according to cann.
181-188.
 In all other cases, the appointment of the exarch belongs to the Apostolic See.
6) Vacant seat of exarchate
 The government of the vacant or impeded exarchate passes to the Protosyncellus or, if
missing, to the most senior parish priest by presbyteral ordination.
 The one to whom the interim government of the exarchate has been entrusted must
inform the authority as soon as possible so that it can appoint the Exarch.
 In the meantime he can use all the powers and faculties, both ordinary and delegated,
that the Exarch had, unless they have been entrusted to him by the ability of the person
of the Exarch.

7. Pastoral care for the Eastern faithful who live where there is no proper hierarchy
CD 23, 3: "Where the faithful of a different Rite are found, the Bishop is to provide for their
needs: either by means of priests or parishes of the same Rite, or by means of an Episcopal
Vicar
endowed with the necessary faculties and, if necessary, also endowed with the episcopal
character; both by himself as an ordinary of different Rites. But if all this for various reasons,
according to the judgment of the Apostolic See, cannot be done, a proper Hierarchy should be
established for each Rite. "

A. The erection of an ecclesiastical circumscription of a personal nature

1) Latin Ordinariate for the faithful of the Eastern Rite
 Ordinariates are erected by decree from the Congregation for the Oriental Churches,
after hearing the concerned Episcopal Conferences and consulting the competent
Dicastery for the constitution of particular Churches in the same territory.
 The ritual ordinariate usually encompasses all the Eastern Catholic faithful residing in a
country, regardless of the rite or the sui iuris Church.
 The ordinariate is entrusted to a Latin Pastor as the proper Ordinary who, from the
experience of recent years, is usually the diocesan Bishop of the nation's capital.
 The decree of establishment determines the nature of the power of the Ordinary, the
kind of coordination and dependence towards the local Ordinary, or with respect to the
Eastern Catholic Hierarchy.
 According to a 1986 declaration of the Congregation for the Eastern Churches, first of all
the jurisdiction of the Ordinary for the faithful of the Eastern rite is main, while that of the
local Ordinaries is subsidiary, but the former will not take any decision without
agreement ad validitatem dei seconds interested.
 In France the jurisdiction of the Ordinary is cumulative with that of the local Ordinaries,
and the latter must act only in a subsidiary manner, although their consent is necessary
for the validity of the acts concerning them.
  In the exercise of his functions, the Ordinary is invested with the attributions proper to a
diocesan Bishop.
 It is the responsibility of the Latin Ordinary for the faithful of the Eastern Rite:
the. Authorize the establishment of new communities linked to Eastern Churches, having
heard the opinion of the superior authority of the Eastern Churches concerned;
ii. Recognize groups and associations of Latin faithful who intend to live according to the
traditions of an Eastern Church, having consulted the higher authority of the Eastern Church;
iii. Build churches or places of worship, authorize their construction or adaptation in favor of
the Eastern faithful,
iv. Establish Eastern parishes, appoint their parish priests and presbyters in charge of a
ministry to the faithful or communities linked to an Eastern Church, after having consulted or on
the proposal of the superior authority of this Church;
v. To approve ad normam iuris the statutes of monasteries and institutes of consecrated life
and of all other associations or groups linked to an Eastern Church.

2) Apostolic Exarchate
 Apostolic exarchats are erected through the apostolic constitution of the Roman Pontiff.
 They always concern faithful belonging to a concrete Eastern Church.
 The exarchate is entrusted to an exarch in the capacity of his own hierarch.
 The apostolic constitution determines the nature of the power of the hierarch, the kind of
coordination and dependence on the local Ordinary, or on the Roman Pontiff.
Who ordinariates and apostolic exarchats depend on the Congregation for the Oriental
Churches.

B) The Syncells or Episcopal Vicars or other presbyters for the faithful of different Rites
1) The Hierarch proper of the faithful dwelling where there is no proper hierarchy
 In places where not even an exarchate for the Christian faithful of some Church sul Iuris
is erected, the hierarch of another Church sui iurix, also of the Latin Church, must be
considered as proper hierarch of the same Christian faithful, also of the Latin Church,
without prejudice to can. 101 (within the territory of the patriarchal Church, the
Patriarch),
 If then there are several Bishops of different Churches on the furis.
the. In the case of Christian faithful of some patriarchal Church (or major archbishop), the
person who has designated the patriarch (or major archbishop) with the consent of the Apostolic
See must be considered as his own hierarch.
ii. If it is a question of the faithful of the other Churches si iuris, they must be considered as
their own Hierarch
the one who has designated the Apostolic See.

2) The legislation of the CIC and CCEO

CD n.27: "Whenever a wise government of the diocese requires it, the Bishop can establish an
Episcopal Vicar who, in a specific part of the diocese, or in a specific business sector, or with
regard to the faithful of a specific Rite , by virtue of law enjoy the same power that common law
attributes to the Vicar General. "
  The can. 383 $ 2 CIC: the Bishop "if he has in his diocese the faithful of a different rite,
he is to provide for their spiritual needs either through priests or parish priests of the
same rite, or through an episcopal vicar."
 The CIC and also CD do not clearly say that the episcopal vicar can be of the same rite
or of the same Church sui iuris as the faithful.
 Instead, the CCEO clearly states that the Syncellus (= Episcopal Vicar) may not even be
of the same rite or of the same Church sul iuris of the faithful (cf. 247 §4)
3) Designation of the Episcopal Syncells or Vicars for the faithful of different Rites
 Before designating a presbyter as assistant, parish priest, or even as episcopal vicar for
the oriental faithful, the diocesan bishop should contact both the Congregation for the
Oriental Churches and the hierarchy proper to these faithful, or even ask this Hierarchy
to present him with a candidate.
 However, the Bishop's freedom to follow other paths remains intact, such as entrusting
the office to a presbyter of his own diocese or lawfully residing there, also of another
ritual tradition and ecclesial affiliation, as foreseen by can. 247 $ 4 CCEO, who, in this
case, must obtain the indult of bi ritualism issued by the Apostolic See.
 The consent of the Patriarch to the designation (can. 193 §3)
The eparchial bishops who make up this type of presbyteries, parish priests or syncells
for the care of the Christian faithful of the patriarchal Churches, should contact the
relative patriarchs and, if they are consenting, act on their own authority by informing the
Apostolic See as soon as possible; if, however, the Patriarchs disagree for any reason,
the matter is referred to the Apostolic See (this provision does not extend to the Latin
Bishops).
4) Visitor of the patriarchal Church (can. 148)
 Patriarch can send a visitor, with the consent of the Apostolic See, to the Christian
faithful who live outside the boundaries of the territory of his patriarchal Church.
 Before starting his task, the visitor is to present himself to the eparchial bishop of these
Christian faithful and show him the letter of appointment.
 At the end of the visit, the Visitor sends a report to the Patriarch, who after discussing
the matter in the Synod of Bishops can propose appropriate means to the Apostolic See.

C. The executive power outside the territory

1) The executive power, having a personal scope, can be exercised, even if the holder of the
power is outside the territory towards the subjects, even if absent from the territory, unless it is
otherwise established ex natura in or by the law.
2) Therefore, the hierarch can exercise his executive power, for reasons of care, towards
subjects who are outside the boundaries of the territory of the Church sui iuris.
3) For incardination, which is a clearer criterion of the relationship between authority and
subjects, an eparchial bishop could appoint a Syncellus outside his own territory for a
determined group of faithful incardinated to his eparchy who reside in a specific city. (ex. The
eparchial bishop of Hajdudorog (Hungary) could appoint a Syncellus for his priests and
seminarians residing in Rome, previo nihil obstat of the Vicar General of His Holiness for the
diocese of Rome.)
4) However, the eparchial bishop could not exercise executive power over the faithful enrolled in
his Church sul turis who, however, do not have a domicile and quasi-domicile in his eparchy.
Therefore, the proper hierarch is the one established by can. 916 §5.

D. Erection of parishes
1) If in a given eparchy there is a region without a parish, the eparchial bishop designates a
pastor of another Church sui iuris, including the Latin one, with the consent of the eparchial
Bishop of the pastor to be designated (can 916 §4 CCEO).
2) If there were to be a stable presence in a Latin diocese of a sufficient number of faithful
belonging to various Churches sul iuris, personal parishes could be established according to the
various Churches sui iuris, with the consequent appointment of Eastern (or Latin) parish priests,
the necessary pastoral and organizational structures, as well as the use of the proper parish
registers (cf. cann 192 §1, 193 61, 246, 280 §1 CCEO).
 It would be appropriate to assign to the pastoral service of the Eastern faithful residing in
the Latin dioceses, eparchial clerics or Eastern religious instead of resorting to Latin
presbyters (or Eastern priests belonging to another ritual tradition) qualified for the
celebration of an oriental rite for indult of biritualism, Because the biritualism, granted by
the Congregation for the Oriental Churches for a fixed time, could be used only in the
event of an absolute lack of oriental priests belonging to the same Church sui iuris of the
faithful concerned, avoiding any illegitimate liturgical syncretism and the concession solo
devotionis causa.
 In the administration of the sacrament of confirmation
i. The Latin parish priest administers it in the ordinary way only to those who are in
danger of death.
ii. The Eastern parish priest administers it in the ordinary way to all his faithful.
 In the blessing of marriages
i. The eastern parish vicar, ordinarily, does not have the faculty to bless marriages,
but the parish priest grants it to him.
ii. The Latin parochial vicar does not have this faculty ipso iure, but must be
delegated by his own parish priest or by the local ordinary.

E. Formation of seminarians admitted to a seminary of another Church sud iuris

1) The pupils, even if admitted to a seminary of another Church sul iuris or to a seminary
common to several Churches sui iuris, are to be trained according to the proper rite: the
contrary consuctudine is
reproved (can 343 CCEO)
2) A similar norm does not exist in the Code, but it must also concern the Latin Church.
3) For this, it would be appropriate:
 To have some teachers of oriental disciplines in every Latin seminary;
 Let the rectors of seminaries allow their oriental seminarians to participate, at least there
Sundays and feasts, to the liturgy in their churches, if they were there;
 Assure oriental seminarians of suitable places in the seminary for liturgical celebrations.

F. Ascription or incardination of clerics

1) It is necessary to distinguish the ascription to a Church sui iuris from the ascription (or
incardination) of
clerics to an eparchy.
 The first takes place through cann. 29-38 CCEO, that is with baptism or legitimate
passage.
 The other takes place through ordination to the diaconate or subsequent dismissal and
ascription.
 Therefore, a cleric of a Church sui iuris can be enrolled in an eparchy (diocese) of
another Church sui iuris, including the Latin Church (cf. cann. 366 §1 2º CCEO; 269
CIC) without change of rite, to meet the needs of the whole Church.

2) A case: if an oriental hierarchy were later constituted in the Latin territory, what will it be
canonical situation of those oriental clerics incardinated in the Latin diocese?
 The Salachias: the aforementioned Eastern clerics ascribed to a Latin diocese ipso ture
pass to the respective Eastern hierarchy, since in that territory those Easterners for
whom a proper hierarchy is established cease to be subjects of the local Ordinary.
 Prof. Lorusso: the decree of the constitution of the eastern hierarchy will foresee the
canonical situation of those clerics; otherwise, it is necessary to follow the procedure
foreseen by the Codes: letter of excardination of the Bishop a quo and letter of
incardination of the Bishop ad quem.

3) The Latin Bishop can ascribe to his diocese a married Oriental presbyter or
to order one of his faithful married Easterners, destined for an Eastern parish?
We believe so, except for special norms of the Apostolic See established for certain regions.

4) A married Latin permanent deacon asks to pass to a Church sui iuris Orientale, to be enrolled
in an eparchy and finally to be ordained a priest. Alongside the letters of excardination and
incardination, the consent of the Apostolic See will be required, which will grant the passage
and biritualism, but most likely with the clause excepta sacro rum Ordinum recepitone, a clause
that at a later time, at the request of the proper Hierarch, be eliminated

5) An eparchial bishop cannot ordain a candidate as his subject enrolled in another Church sui
iuris except with the permission of the Apostolic See; in the case of a candidate who is enrolled
in the patriarchal Church and who has a domicile or quasi-domicile within the boundaries of the
territory of the
the same Church, this license can also be granted by the Patriarch.

G. Episcopal Conferences
1) The conciliar decree CD 38 had provided that all the Ordinaries of the places of each rite
participate with equal rights in the Conferences of Bishops.
2) The CIC, however, limits the full participation in the Episcopal Conferences to Latin Bishops
(and equivalent ones) (cf. cann. 450 §1 and 454), leaving it to the statutes of the Conference
itself to determine the participation of the Ordinaries of another rite.
3) Therefore, in each statute of the Episcopal Conferences some possible solutions can occur
  Do not say anything about the participation of the Eastern Bishops and so, in
accordance with can. 450 $ 1, the Eastern Hierarchs will be invited to the sessions while
being deprived of the deliberative vote.
 They can contain the invitation expressly addressed to the Eastern Hierarchs with a
general character without granting them the deliberative vote.
 They may contain a permanent invitation which implies the granting of the deliberative
vote.
 They may contain the possibility of a simple invitation, reserving the right to vote for the
invited persons.
 They can authorize (when the Apostolic See confirms it) the plenary assembly a
grant, if necessary, the deliberative vote.

4) Furthermore, it would be opportune to create a Commission of the Eastern Churches, in the

Episcopal Conference, charged with studying pastoral, liturgical, canonical or other problems.

H. Synod of Bishops of the Patriarchal Church and Council of Hierarchs of the Metropolitan
Church sui iuris

1) Synod of Bishops of the Patriarchal Church

 The can. 102 83 CCEO, making no distinction, would affirm the possibility of inviting
Latin Ordinaries to the Synod of Bishops, in order to express theirs. opinions.
 This can be determined either by particular law or by the patriarch with the consent of
the permanent synod.
 Furthermore, it is now customary in some patriarchal Churches to invite the Superiors
General of religious orders and sometimes also the representatives of the clergy.

2) Council of Hierarchs of the Metropolitan Church sui iuris

 Can 164 $ 1 expressly states that the Bishops of another Church sui iuris can be invited
only as guests, if it is accepted by the majority of the members of the Council of
Hierarchs.
 Although missing from the CIC, given its importance, and being an invitation only, it also
involves Latin Bishops.

I. Patriarchal and eparchial assembly (cann. 152, 172, 235 CCEO)

1) These assemblies serve to promote unity of action for the good of religion, to protect
ecclesiastical discipline more effectively and to promote the unity of all Christians in concert
(can. 84 §1 CCEO).
2) Among the possible guests to these assemblies there could also be faithful of the Latin
Church who carry out their duties mentioned in can. 143 §1, 4 °.
3) In addition, persons from other Churches sui iuris, including the Latin Church, can also be
invited to whom the right to vote can also be granted (cf. cann. 143 §3, 238 §2).

J. Inter-ecclesial Assemblies (can. 322 CCEO)

1) The inter-ecclesial assemblies are periodic meetings in which the Patriarchs, the
Metropolitans of the metropolitan churches sud iuris, the eparchial bishops and, if the statutes
provide, also all the local hierarchs of the various sui furis Churches, also of the Latin Church,
participate. they exercise their power in the same nation or region, as well as priests and laity.
2) The institution is reserved to the Apostolic See, and the convocation belongs to the patriarch
of a patriarchal Church or to another authority designated by the Apostolic See.
3) The decisions of these assemblies can have the force of binding if they do not prejudice the
rite of each Church sui iuris and the power of the hierarchs and their coetus, and that they have
also been established together with at least two thirds of the votes of the members and have
been approved by the Apostolic See (can. 322 §2).