THE EXPLANATORY NOTE REGARDING CCEO CANON 1: A COMMENTARY

• Published in: Studia canonica Vol. 46; no. 2; pp. 293 - 318
• Main Authors: ABBASS, Jobe, CONV, Ofm
• Format: Journal Article
• Language: English
• Published: Ottawa, ON Université Saint-Paul, Faculté de droit canonique 01.07.2012; Studia Canonica
• Subjects: Canon law; Catholic churches; Christianity; Contemporary period; General subjects; History and sciences of religions; Law; Norms; Oecumenism; Religious organizations; Canon law; Liturgy; Holy See; Eastern church; Latin church; Sacrament
• ISSN: 0039-310X

Another category of CCEO norms that effectively concerns interecclesial collaboration permits hiring ecclesiastical personnel from other Churches sui iuris, both Eastern and Latin alike. For instance, unlike CIC canon 478, §1, CCEO canon 247, §4 explicitly establishes that an eparchy's protosyncellus (vicar general) and syncelli (episcopal vicars) can even come from another Church sui iuris.33 It states: "The eparchial bishop can also take the protosyncellus or syncelli from another eparchy, or from another Church sui iuris, however, with the consent of their eparchial (diocesan) bishop." Then, in areas where there is no pastor for the faithful of a certain Eastern Church sui iuris, the unique Eastern canon 9 1 6, §4 allows the eparchial bishop to designate as their pastor the pastor of another Church sui iuris. By this is intended also a pastor of the Latin Church. CCEO canon 916, §4 states: "If there is no pastor for the Christian faithful of a certain Church sui iuris, the eparchial bishop for those same faithful is to designate the pastor of another Church sui iuris, who is to assume their care as their proper pastor, with the consent, however, of the eparchial bishop of the pastor to be designated." Finally, another distinctive Eastern norm, CCEO canon 1102, §1 provides for the recruitment of judges and other personnel of ecclesiastical tribunals. It establishes: "Judges and other officers of the tribunals may be chosen from any eparchy, religious institute or society of common life in the manner of religious, of one's own or even of another Church sui iuris, with the written consent, however, of their own eparchial bishop or major superior." Therefore, an Eastern Catholic bishop may hire judges and other tribunal personnel from any eparchy of his own Church sui iuris or even of another Church sui iuris, including the Latin Church. The Eastern bishop can also hire his tribunal personnel from among the religious or the members of societies of common life of his own Church or another Church sui iuris. In the case of the Latin Church, the same Eastern bishop can choose religious or members of societies of apostolic life mentioned in CIC canon 73 1 , §2, since the latter are to be equated with Eastern societies of common life.34 Although the mention of "Church sui iuris" in these CCEO liturgical norms only intends to oblige the Eastern Catholic Churches, the norms themselves may implicitly concern the Latin Church because of the nature of the matter (ex natura rei). Although the Explanatory Note does not refer to a category of CCEO norms that implicitly oblige also the Latin Church ex natura rei, it does not exclude such a possibility and, in fact, clearly appears to be open to it. Take, for example, the case of a Romanian Eastern Catholic couple entrusted to the care of a Latin pastor. They have invited their friend, a visiting Romanian Catholic priest, to celebrate the baptism of their first child according to the rite of the Romanian Church to which the child will belong by law (see CCEO c. 29, § 1 ). Regarding the Romanian priest's permission to celebrate the baptism, CCEO canon 678, § 1 states: "In the territory of another, it is not licit for anyone to administer baptism without the required permission; this permission cannot be denied by a pastor of a different Church sui iuris to the priest of the Church sui iuris in which the person to be baptized is to be ascribed." As will be seen in part 2.2, it is clear that the reference to "a pastor of a different Church sui iuris" would also oblige the Latin pastor in this context.15 However, regarding the celebration of the baptism according to the Romanian rite, would CCEO canon 683 concern the Latin pastor? It states: "Baptism must be celebrated according to the liturgical prescripts of the Church sui iuris in which in accord with the norm of law the person to be baptized is to be ascribed." Although the expression "Church sui iuris" refers, not to the Latin Church, but only to the Romanian Church here, the canon must be viewed in its interecclesial context. From this perspective, it is evident that CCEO canon 683 implicitly concerns also the Latin pastor ex natura rei. That is not to say, however, that the celebration of baptism according to the Eastern rite, as required by CCEO canon 683, is a norm ad validitatem. In cases where the Eastern faithful are entrusted to the care of a Latin pastor, since it will not always be possible to have an Eastern Catholic priest to celebrate the baptism in accord with the liturgical books of his Church sui iuris, the celebration of the baptism according to the Latin rite by the Latin pastor would certainly be valid.