Original scientific paper
VIOLATIONS OF ECCLESIASTICAL DISCIPLINE AND PUBLIC ORDER: THREE SPECIAL FACULTIES OF THE CONGREGATION FOR THE CLERGY
Slavko Zec
; Theology of Rijeka, Dislocated Studies of Catholic Faculty of Theology, University of Zagreb, Rijeka, Croatia
Abstract
To be able to respond effectively to violations of ecclesiastical discipline and public order in the Church, committed by the cleric, Pope Benedict XVI gave on January 30, 2009 the Congregation for the Clergy three special faculties (tre facoltà speciali) which are the subject of this article. The Congregation sent a Circular Letter (Litterae circulares) about this to all Ordinaries on April 18, 2009. The application of these faculties implies the loss of clerical state and, therefore, all the rights and obligations arising from the Sacrament of Holy Order, including celibacy. It is important however to note that the three faculties (facultates) are never applied automatically, but every case of violation of ecclesiastical discipline by the clergy is taken in particular consideration and subjected to investigation in the prescribed administrative procedure. With these faculties nothing is detracted from the jurisdiction of the proper Ordinary, but in this way the Congregation for the Clergy, always by request of Ordinaries, assists them to promptly and properly reply to negative phenomena and to re-establish the desired order and peace in the Church.
The author therefore first displays the contents of the Circular Letter dated on April 18, 2009 and divided in a substantial and normative part. In the second part three faculties are observed from the side of their real contents and proper application. It is necessary to distinguish between three groups of delicts which correspond with the three faculties. The administrative procedure or proceeding (as in the third faculty) is provided and prescribed for each category of delicts that enter within the three special faculties, which the author deals in the third part of article. The proper use of these juridical remedies and well-investigation of every case on the diocesan level or on the level of religious institute, enable the Congregation for the Clergy to effectively apply its special faculties for the benefit of the universal and particular Church involved in each single case.
Keywords
Congregation for the Clergy; three special faculties; the loss of the clerical state; celibacy; delicts; administrative procedures; proceeding
Hrčak ID:
76148
URI
Publication date:
9.1.2012.
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