From Diocesan to Pontifical Right

From Diocesan to Pontifical Right – What does it all mean?
Institutes of consecrated life are subject to the supreme authority in the Church especially in virtue of their nature and purpose of striving for sanctity of life and their dedication to the apostolate of the universal Church. The Church has always legislated for religious institutes
as far back as the council of Chalcedon in 451. Pope Leo XIII issued a document in 1900 in Conditae a Christo recognizing Congregations of simple vows as belonging to the religious state. In the same document he made a distinction between Diocesan and Pontifical Institutes, thus laying the foundation for the current development of law and practice in this matter.

Canon 589 of the 1983 Code of Canon law provides that an Institute of Consecrated life is of Pontifical right if it has been established by the Apostolic See, or approved by it by means of a formal decree. An Institute is of diocesan right if it has been established by the diocesan bishop and has not obtained a decree of approval from the Apostolic See. In recent years it is more common for religious communities to begin as an institute of diocesan right, except in rare situations where the Apostolic See directly erects one or in the case of exempt religious orders. In the past, the thinking was that all institutes of diocesan right would eventually become pontifical if they continue to grow. This has not been the situation in practice as some Congregations have chosen to remain diocesan even though they have grown in number and stability. This is a right which every religious institute enjoys. But when there is a change over from diocesan to pontifical, the entire Congregation should be consulted before beginning the process, because that which
affects all as individuals must be approved by all (cfr. c. 119).

In brief, the process involved in the change of status of an institute is as follows: The institute wishing to obtain the status of Pontifical Right submits a petition, with the required documentation, to the Congregation for Institutes of Consecrated life and Societies of Apostolic Life, which is responsible for directing and promoting Institutes of Consecrated life and Societies of Apostolic Life on behalf of the Supreme Pontiff and by his authority. After hearing the testimonial of the bishop of the principal house of the institute and other bishops of the dioceses where the religious institute is present, and if it is satisfied, the Congregation presents the application to the Holy Father who approves the decree of recognition as an institute of Pontifical right. With this recognition, the religious institutes of pontifical right becomes directly and exclusively subject to the authority of the Apostolic See with respect to its internal governance and discipline, without prejudice to the prescript of canon 586 (cfr. c. 593).

This means that the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life has direct and exclusive supervisory role over religious institute of Pontifical right – to approve its constitutions, and any changes made subsequently in them, to review reports of the institute as stipulated, to consent in certain cases for acts of extraordinary financial administration, to confirm any decrees of dismissal and to carry out acts above the leadership of the institute. (This is not an exhaustive list, but a few concrete examples of the Congregation’s supervisory role.) The Congregation for Institutes of Consecrated life and Societies of Apostolic Life has the same relationship with Religious institute of Pontifical right which a religious of diocesan right has with the bishop of its principal house. For instance, the bishop of the principal house approves the
constitutions, presides over the election of the Superior General, gives consent for certain financial transactions, confirms the decrees of dismissal of members, and carries out other acts which the major superior of the institute cannot perform (cfr. cc. 594, 595 §1, 625 §2, 678-683, 700, etc). However, we should note that canon 594 speaks of institute of diocesan right being under the special care of the diocesan bishop, but there is no corresponding norm stating the same thing with respect to institutes of pontifical right.

It is important to note, however, that the law recognises for each religious institute, whether diocesan, exempt or Pontifical, a just autonomy of life especially of governance by which each institute enjoys its own discipline in the Church and has a right to protect its patrimony (cfr. c. 586). For instance, institutes should play a predominant role in drawing up their constitutions or subsidiary norms even if the approbation of the Holy See or diocesan bishop is required. The local Ordinaries are encouraged both at the universal and local level to safeguard this autonomy.

The right of autonomy, however, is not absolute. In matters concerning care of souls, public exercise of divine worship, and other works of the apostolate, religious are subject to the authority of the bishops (cfr. c. 678). The local Ordinary has the right to visit churches and oratories run by religious of Pontifical right in which Christ’s faithful have access, and other works entrusted to religious (cfr. c. 683). A house of a religious institute can only be established with the written consent of the diocesan bishop (cfr. c. 609). These are only a few examples. The right of autonomy and the duty of the Church hierarchy to regulate for religious institutes is always a balancing act of communication, cooperation and collaboration far more complex than legal norms can provide for. It needs constant attention, prayer and diligence.

It is obvious from the above, that the recognition of a religious institution as an institute of Pontifical right presupposes a solid framework grounded in spirituality, sound tradition, and clear norms. A religious institute of Pontifical right needs to rely on its internal leadership and the collegial responsibility of the chapter in directing its affairs for the attainment of its objectives according to the charism of the institute. The recognition of the Congregation of the Sisters of Eucharistic Heart of Jesus as an institute of Pontifical right confirms the assurance the Church has on the stability and potentials of the Congregation. Trusting in the Eucharistic Heart of Jesus let us move with confidence towards the challenges and blessings which this Pontifical status brings.

Congratulations!

Sister Anne Marie Ezenwa, EHJ, JCD
Marriage tribunal, Archdiocese of Halifax Canada.