PERIODICA DE RE CANONICA - Second issue 2020

 

Issue 109/2 (2020) of the magazine “Periodica de Re Canonica”, quarterly published by the Faculty of Canonic Law of the Pontifical Gregorian University, is now avaible. To purchase online the entire dossier or individual items: https://shop.gbpress.org/it/periodica-de-re-canonica-2020-fasc-2/2150-periodica-de-re-canonica-2020-fasc-2-2611405420002.html

 

Yuji Sugawara, S.I. - Comments on the m.p. Communis vita

 

Abstract - The Supreme Pontiff, Pope Francis, promulgated the motu proprio Communis vita in 2019 that deals with the ipso facto dismissal of religious from their Institutes (can. 694). Religious have the duty to live in their own religious house observing a common life (can. 665 §1). Communis vita deals with cases of religious being illegitimately absent from their community (can. 665 §2) and who have become unreachable (and the situation irreparable). The article after first explaining the meaning of the document studies the following: the canonical order regarding the discharge ipso facto in the 1983 CIC, then indicates both the spiritual values to be protected concerning the common life and the necessary precautions for the application of the new canonical order.

Key Words: m.p. Communis vita; ipso facto discharge; religious institute.

 

Davide Salvatori - Major exorcism, deliverance’s prayers and ministry of the exorcist: theological-canonical clarifications and liturgical-pastoral recommendations

 

Abstract - Starting from the notion of exorcism of the Catechism of the Catholic Church, the author develops a difficult theme in the pastoral life of the Church that is not very elaborated from a theoretical point of view. In the first part of the study, the canonical norms concerning exorcisms and prayers of deliverance are examined, considering the rituals of the Church and theological foundations of liturgical law. Having these theological and canonical foundations clear is important for establishing an authentic ecclesial orthopraxis, thus avoiding possible abuse. In the second part, some emerging pastoral questions are taken into consideration and, in the face of the theological, liturgical, and canonistic foundations given in the first part, some questions are resolved and clarified.

Key Words - exorcist; exorcism; public and private exorcism; deliverance prayers; exorcism of Leo XIII; obsessed; possessed; delegation and faculty.

 

Paweł Malecha - Cemeteries in Current Church Law

 

Abstract - The Church possesses her very own legislation for cemeteries, which is the object of the present contribution. In this work, therefore, after an exposition of the etymology of the word cemetery and several other brief historical sketches regarding the institution of cemeteries, the author lays out the various canonical norms, including the new form of burial, so as to confront the difficulties facing the Church. Reference will also be made, where necessary, to ecclesiastical and civil law. In the end, the author outlines numerous practical aspects concerning the subject, leaving a deeper and more speculative treatment for another time.

Key Words: cemetery; burial; cremation urn; dispersion of ashes.

 

Ulrich Rhode, S.I. - Imposed Suspension of a Non-Penal Character

 

Abstract - Many of the norms of the 1983 Code of Canon Law mention the possibility of imposing on someone a provisional non-penal prohibition of the exercise his or her office, job, or sacred orders. In cases of this type it is possible to speak of a «non-penal suspension». The study provides a list of such norms and discusses the question of whether and how such a suspension may be imposed even outside of the specific cases that are mentioned in the norms.

Key Words: suspension; precautionary measures; offices; sacred order.

 

G. Paolo Montini - The Principle of Proportionality in the Suspension from the Exercise of the Priestly Ministry according to the Jurisprudence of the Apostolic Signatura

 

Abstract - In the varied options available within the legal sphere concerning the alleged abuse of minors, a canonical institute has recently been introduced in a way that is not explicitly provided by the current legislation, i.e. the so-called «administrative suspension» or «non-criminal suspension»: this refers to the imposition of a general prohibition from exercising the priestly ministry without the priest being held penally responsible for anything (i.e. without a crime and without a trial). Faced with appeals for justice addressed to the Apostolic Signatura by certain priests affected by this administrative suspension, the Supreme Tribunal has developed a jurisprudence that takes as the fundamental criterion of administrative legitimacy the principle of «proportionality» that must be observed by the ecclesiastical authority so that an administrative provision may be maintained within the sphere of reasonability and does not assume the forms and purposes that are specific to a penal sanction.

Key Words: administrative justice; Apostolic Signatura; verification of a legitimate sanction; administrative suspension; sacerdotal ministry; the principle of proportionality.

 

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