New Norm to set up Religious Institutes

In a further sign that he believed more care is needed in setting up diocesan religious orders, Pope Francis modified the Canon Law, requiring Bishops to obtain written permission from the Vatican to start an “association of the faithful” as a first step toward forming a religious institute. Old can. 579 prescribed: “Provided the Apostolic See has been consulted, diocesan Bishops can, by formal decree, establish institutes of consecrated life in their own territories.”

New can. 579 prescribes: “Diocesan Bishops can, by formal decree, validly establish institutes of consecrated life in their own territories, if the prior permission of the apostolic See has been given in writing.” In my opinion, the basis of the law has not changed. Certainly, the autonomy of Bishops decreases, and there is a centralisation of this competence in favour of Rome.

The First Change (2016)

Rescript ex Audientia Ss.mi modified can. 579 of the Code of Canon Law on the erection of diocesan institutes on May 11, 2016.

The Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life (DICLSAL) recognises that every new Institute of Consecrated Life, even when it originates and develops within a specific diocese, is a gift for the entire Church. The Dicastery also acknowledges the importance of preventing the establishment of new Institutes at the diocesan level without proper discernment and ensuring that the true origin of each charism is understood. This will define the specific features that will be consecrated by the profession of evangelical counsels and identify its potential for development.

Therefore, the Congregation has recommended a better understanding of the future role of new Institutes, as outlined in can. 579 of CIC 1983, by seeking the opinion of the Congregation before proceeding with the establishment of a new institute of diocesan right.

Therefore, in accordance with the view of the then Pontifical Council for Legislative Texts, Pope Francis, at the audience, accorded to the undersigned Secretary of State on April 4, 2016, set forth that prior consultation with the Holy See is to be understood as necessary for validity (ad validitatem) before establishing a new institute of diocesan right, otherwise risking nullity of the decree of the establishment of the said Institute. This consultation was made for validity because many failed to consult the DICLSAL.

The present Rescript was promulgated by way of publication in L’Osservatore Romano, and entered into force on June 1, 2016. Therefore, the first change in this canon was the word “for validity” (ad validitatem), and consultation with the Holy See was required for validity. The word “consult” indicated that the Bishop merely had to ask DICLSAL’s opinion; even if DICLSAL was not keen on the erection of the new institute, the Bishop could decide to go ahead with it anyway. In other words, DICLSAL’s opinion after the consultation on the matter was not binding. That does not mean, of course, that a diocesan Bishop should ignore whatever the fifth office in the DICLSAL has to say.

Vatican officials might have pointed out some key factors in the erection process which the Bishop had overlooked or was unaware of. For example, does the new institute have adequate financial resources or reliable future income to maintain itself in the long term? If not, the Bishop might find himself paying off its debts in years to come. Or does the Bishop know that in the diocese right next door to his own, there’s a religious institute which is virtually identical? It might make a lot more sense for the Bishop to permit the erection of a new house of that other institute in his own diocese than to erect a completely new and separate institute.

Therefore, under the can. 579, a Bishop was expected to listen to the fifth office in the DICLSAL’s opinion for validity. But he was not obliged to follow it and was instead free to act as he thought best. Therefore, since the consultation received is not binding, many institutes were erected, though at times, the fifth office in DICLSAL was not in favour of it, and this caused many difficulties in the erected institutes against the opinion of DICLSAL.

The Second Change (2020)

The second change was effected by Motu proprio Authenticum charismatis on November 1, 2020. Pope Francis issued this Motu proprio and can. 579 was amended to reflect the fact that diocesan Bishops are required, for validity, to receive the prior written permission (not merely consultation as mentioned above) of the Apostolic See (praevia licentia Sedis Apostolicae scripto data) before issuing a decree of erection of a new religious institute of diocesan right.

What is the Juridical Rationale for this Change?

The faithful have the right to be warned by the Pastors about the authenticity of charisms and the reliability of those who present themselves as founders. Discernment about the ecclesial nature and reliability of charisms is an ecclesial responsibility of the Pastors of the particular Churches, i.e., diocesan Bishops.

The authority of the Church is responsible for examining and discerning the authenticity of the purpose of its foundation and preventing the proliferation of institutes similar to one another. It is right to respond to the gifts the Spirit awakens in the particular Church, welcoming them generously with thanksgiving; at the same time, it must be avoided that “communities may be needlessly brought into being which are useless or which lack sufficient resources” (PC 19).

In this sense, the Motu proprio Authenticum charismatis follows the criteria given by the decree Perfectae caritatis: The need for a new institute must be carefully considered in the foundation of new Institutes. The project’s main objective is to ensure that it is useful and possible to develop so that no useless or insufficiently vigorous institutes are created unwisely. Therefore, there must be originality, attraction, and resourcefulness.

In light of the Motu proprio Authenticum charismatis, it became necessary for the diocesan Bishop to obtain written permission before establishing a diocesan institute, rather than following the previous requirement of consulting as prescribed in the old can. 579.

The Third Change (2022)

Pope Francis, in the Audience granted on February 7, 2022 to Prefect João Braz Card. de Aviz and Archbishop Secretary José Rodríguez Carballo, O.F.M. of the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life, specifically approved the following provision in the form of rescriptum ex audientia Ss.mi.

The rescript does not change the existing canonical norm of can. 579, but it does clarify, extend, and strengthen the change made in 2020 in Motu proprio Authenticum charismatis. The rescriptum ex audientia Ss.mi on Public Associations of Faithful in itinere prescribes:

“The diocesan Bishop, before erecting by decree a public association of the faithful with a view to becoming an Institute of Consecrated Life or a Society of Apostolic Life of diocesan right, must obtain the written permission of the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life.”

The Rescript is a key component of the synodal process championed by Pope Francis, aiming to foster closer collaboration between the offices of the Holy See and diocesan Bishops by engaging them in mutual listening. The Pope underscored this during his address to the Plenary Assembly of the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life on December 11, 2021.

Pope Francis has issued a rescript stipulating that before a diocesan Bishop can issue a decree establishing even a public association of the faithful seeking to become an Institute of Consecrated Life (ICL) or a Society of Apostolic Life (SAL) of diocesan right, they must obtain written authorisation from the Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life.

In doing so, Pope Francis tightened regulations to curb the proliferation of small communities with ambiguous canonical status and few members, often lacking viability. This move signifies a push for stricter control and reinforces DICLSAL’s authority over Bishops’ discernment in matters of consecrated life. While acknowledging the wealth of experience and universal vision of the Church held by the Roman Curia, it is evident that the rescript seems to curtail the autonomy and authority of Bishops, effectively nullifying their influence in the relevant area. In brief:

1) 2016 – Consultation with the Holy See is for ad validitatem.

2) 2020 – No more consultation, but prior written permission.

3) 2022 – Prior written permission, even for founding the public association of faithful in view of becoming ICL/SAL (in itinere).

Conclusion

From Consultation to Permission: Previously, Bishops only needed to consult with the Holy See, but now they must secure written permission. Vatican’s Final Say: The Apostolic See holds the “final judgment” on whether a new institute can be erected. Strengthened Oversight: This ensures the Vatican accompanies Bishops more closely in discerning new institutes, preventing potentially problematic foundations.

Dicastery’s Role: The Dicastery for Institutes of Consecrated Life and Societies of Apostolic Life is responsible for approving such requests. In essence, creating a new diocesan religious institute is now a more centralised process, with the Vatican playing a crucial role in discernment and final approval, not just a consultative one. The Secretary of DICLSAL, Archbishop José Rodríguez Carballo, stated back in 2016 that DICLSAL wanted to prevent the “careless” creation of new religious institutes by diocesan Bishops.

Blurb

Bishops are now required to receive the prior written permission (not merely consultation) of the Apostolic See (praevia licentia Sedis Apostolicae scripto data) before issuing a decree of erection of a new religious institute of diocesan right.

The authority of the Church is responsible for examining and discerning the authenticity of the purpose of the foundation of a religious institute and preventing the proliferation of institutes similar to one another.

Creating a new diocesan religious institute is now a more centralised process, with the Vatican playing a crucial role in discernment and final approval, not just a consultative one.