Pope Francis Empowers Institutes and Societies:

Ten Years of Revised Canons1

Dr. Eileen Jaramillo, DMin, JCL

The Vision of Pope Francis

The key to understanding Pope Francis’s revision of canon law for institutes and societies centers

on his apostolic vision. Therefore, this seminar begins by looking very closely at how he envisions

the mission of institutes and societies.

On the eve of the conclave Cardinal Jorge Bergoglio begins designing the blueprint for his

pontificate. In a four-minute speech with only handwritten notes in front of him, he speaks to the

college of cardinals about the cries being heard in every corner of the earth. He says:

The Church is called to come out of itself and go to the peripheries, not only
geographic, but also the existential: those of the mystery of sin, of suffering, of
injustice, those of ignorance and of the absence of faith, those of thought, those of
every form of misery. 2

Once he is elected our Holy Father continues along this same path in his apostolic

exhortation Evangelii Gaudium. 3 He sets the plan for its implementation in motion when he sees

the need for an urgent revitalization of the contemporary Church. He desires a “path of pastoral

and missionary conversion which cannot leave things as they presently are” (EG, 25). In a very

important statement for canonists, he says that “even good structures are only helpful when there

1 This paper was presented at the Eighty-Fifth Annual Convention of the Canon Law Society of America on October
10, 2023 in Milwaukee, Wisconsin. It will be published in Proceedings in 2024.
2
Jorge Bergoglio, Address to the College of Cardinals, March 9, 2013. While this speech is not usually shared with
others, Cardinal Jaime Ortega, the then-Archbishop of Havana, Cuba, eventually received permission to make it
known to the public, https://www.foxnews.com/world/popes-2013-stump-speech-to-cardinals-a-blueprint-for-
papacy, translated by Matthew Sherry in “The Last Words of Bergoglio Before the Conclave” by Sandro Magister,
http://chiesa.espresso.repubblica.it/articolo/1350484bdc4.html?eng=y.
3 Francis, Apostolic Exhortation Evangelii Gaudium, November 24, 2013 [hereafter, EG],

https://www.vatican.va/content/francesco/en/apost_exhortations/documents/papa-francesco_esortazione-
ap_20131124_evangelii-gaudium.html.
 2

is a life constantly driving, sustaining, and assessing them” (EG, 26). Therefore, the call in this

exhortation is dynamic and forward looking. It is a movement from maintenance to mission

because its focus centers on missionary outreach and conversion.

A few years after making such important statements in EG, Francis specifies how its

contents apply to all consecrated people in his apostolic letter proclaiming the Year of Consecrated

Life.4 He is referring to the variety of forms that are named in the 1983 Code of Canon Law.5 The

two individual ones are hermits (c. 603) 6 and consecrated virgins (c. 604 §1).7 Professing private

vows is also possible.8 The two corporate forms are religious institutes (c. 607 §2) and secular

institutes (c. 710).9 The Code then states that societies of apostolic life, the other corporate form,

“resemble institutes of consecrated life” (c. 731 §1).10 Additionally, the Code recognizes the

possibility of new forms of consecrated life in c. 605.11 Therefore, it leaves room for the Holy

4 Francis, Apostolic Letter To All Consecrated People on the Occasion of the Year of Consecrated Life, November 21,
2014 [hereafter, ALCP], https://www.vatican.va/content/francesco/en/apost_letters/documents/papa-
francesco_lettera-ap_20141121_lettera-consacrati.html.
5
Codex Iuris Canonici auctoritate Ioannis Pauli PP. II promulgatus (Vatican City: Libreria Editrice Vaticana, 1989)
[hereafter, CIC] . English translation from Code of Canon Law, Latin-English Edition: New English Translation
(Washington, DC: Canon Law Society of America [hereafter, CLSA], 2023, Fourth Printing). When using charts to
compare the changes in the canons, the Second Printing of the CIC in 2012 by the CLSA is used to view the canons
before the revisions were made. The Fourth Printing of the CIC by the CLSA in 2023 is used for the canons as they
exist in the current revision.
6
Christina Hip-Flores, Hermits and Consecrated Virgins, Ancient Vocations in the Contemporary Church
(Washington, DC, Fiat Press, 2018).
7 Judith Stegman, Mystically Espoused to Christ, the Son of God (c. 604 §1): The Basis for Proposing Juridic Principles

to Guide the Development of Norms for the Ordo Virginum (Washington, DC: Catholic University of America Press
[hereafter CUA Press], 2019).
8 CIC, c. 1192 §1 states: A vow is public if a legitimate superior accepts it in the name of the Church; otherwise, it is

private.
9 CIC uses the term religious institutes to refer to both orders and religious congregations.
10 See the chart: ‘Significant Similarities and Differences’ in Nancy Bauer, “Governance in General,” Procedural

Handbook for Institutes of Consecrated Life and Societies of Apostolic Life, Eileen Jaramillo and Donna Miller, eds.
[hereafter, PH] (Washington, DC: Canon Law Society of America, 2021), 37-38.
11 Maria Casey, Breaking from the Bud: New Forms of Consecrated Life (Sydney, Australia: Sisters of St. Joseph,

2001).
 3

Spirit to create a configuration of consecrated life that is not currently recognized in ecclesiastical

law. Ecclesial families are in this process.12

This seminar does not address all forms of consecrated life. It is limited to institutes and

societies of apostolic life as well as associations of the faithful desiring to be established as an

institute or society. Additionally, this seminar does not address the revised canons for cloistered

institutes as seen in Cor Orans.13 Occasionally this author refers to the changes in the Eastern

Code of Canon Law.14

In this same apostolic letter, he then specifically challenges institutes and societies to

analyze their fidelity to their charism and mission.15 He says, “Are our ministries, our works, and

our presence consonant with what the Spirit asked of our founders and foundresses? Are they

suitable for carrying out today, in society and the Church, those same ministries and works”?16

Francis gives more depth to such questions when he asks everyone in the Church to leave “our

own comfort zone in order to reach all the peripheries in need of the light of the Gospel.” 17

12 Annuario Pontificio, “Altri Istitui di Vita Consecrata” (Rome, Italy: Libreria editrice Vaticana, 2019), 1642-1643.
Seven are listed.
13 See Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Cor Orans, Implementing

Instruction of the Apostolic Constitution “Vultum Dei Quaerere: on Women’s Contemplative Life, April 1, 2018,
https://www.vatican.va/roman_curia/congregations/ccscrlife/documents/rc_con_ccscrlife_doc_20180401_cor-
orans_en.html.
14 There are two Codes of Canon Law: one for the Latin Church and another one for the Eastern Churches. This

seminar concentrates on the Latin Church. The canons referenced in this seminar are taken from the Vatican
website: https://www.vatican.va/archive/cod-iuris-canonici/cic_index_en.html. The seminar also provides a few
references to the Code for the Eastern Churches, Codex Canonum Ecclesiarum Orientalium auctoritate Ioannis
Pauli PP. II promulgatus (Vatican City: Libreria Editrice Vaticana, 1990), [hereafter, CCEO]. For changes in the CCEO
see Francis, Apostolic Letter Issued Motu Proprio, Competentias quasdam decernere, February 11, 2022,
https://www.vatican.va/content/francesco/en/motu_proprio/documents/20220211-motu-proprio-assegnare-
alcune-competenze.html.
15 CICLSAL, The Gift of Fidelity The Joy of Perseverance, 2020, http://www.xn--congregacinvidaconsagrada-

zpc.va/content/dam/vitaconsacrata/LibriPPDF/Inglese/dono%20della%20fedelta_ING_testo_stampa.pdf. Also see

Marlene Wisenbeck, a canonist, who states, “The distinction between charism and mission or ministry is crucial. A
ministry may be an expression of the charism but is not the charism itself,” Health Progress, November-December
(Washington, DC: Catholic Health Association of the United States, 2008), 17.
16 ALCP, 15.
17 EG, 20.
 4

In that same apostolic exhortation Francis says that this means entering a new era of

evangelization that is marked by gospel joy. It is a missionary call that transforms the culture. It

is a movement forward in a bold way because it reaches out to those who have fallen away or are

standing at the crossroads. It is the liberation of injustices and the uplifting of the poor. It involves

working with Christians from other denominations as well as other individuals who desire to

encounter the suffering of women, men, and children.

In keeping with this momentum, the universal law has moved forward in significant ways

during the pontificate of Pope Frances. This author now turns to considering them.

The Apostolic Constitution Praedicate Evangelium

This evolution of the universal law is seen in our Holy Father’s Apostolic Constitution on the

reform of the Roman Curia Praedicate Evangelium (PE).18 Remember this document reflects

changes made to the Apostolic Constitution Pastor Bonus (PB).19 The new constitution is a

concrete way of living out the universal need for evangelization. Such a central thrust is the core

reason why the major changes contained in that document emphasize preaching the gospel,

synodality, decentralization, and a more significant lay involvement in the role of governance. This

author believes that institutes and societies particularly see synodality in the process leading to the

General Chapter,20 the experience of the General Chapter and the implementation of its

enactments.

18 Francis, Praedicate Evangelium [hereafter, PE], March 19, 2022,

https://press.vatican.va/content/salastampa/it/bollettino/pubblico/2022/03/19/0189/00404.html. It can also be
found in the Fourth printing of CIC by the CLSA in 2023, 577-615.
19 John Paul II, Pastor Bonus [hereafter, PB], June 28, 1988, https://www.vatican.va/content/john-paul-

ii/en/apost_constitutions/documents/hf_jp-ii_apc_19880628_pastor-bonus.html.
20 E. Jaramillo, “The Prophetic Role of the General Chapter” in Review for Religious, Vol. 2 Issue 2 (Washington, DC:

CUA Press, 2022) 193-206; https://www.academia.edu/98909788/The_Prophetic_Role_of_the_General_Chapter.

 5

PE contains seven articles which point to how the newly named Dicastery for Institutes of

Consecrated Life and Societies of Apostolic Life (DICLSAL) will be helpful to consecrated life

regarding this evangelical direction. Art. 121 in PE is significant. When comparing it to its

counterpart in art. 105 PB it is evident that while both refer to the competency of the Dicastery

regarding the promotion of the practice of the evangelical counsels, there are differences. PB

speaks of promoting and supervising while PE uses the term regulate and is more precise regarding

approved forms and issues concerning societies. It says:

The competence of the Dicastery is to promote, encourage and regulate the practice of the
evangelical counsels, how they are lived out in the approved forms of consecrated life and
all matters concerning the life and activity of Societies of Apostolic Life throughout the
Latin Church.21

Paragraph one of art. 122 indicates that the Dicastery approves institutes of consecrated

life and societies of apostolic life, erects them, and grants permission for the validity of the

establishment of an institute or society of diocesan right on the part of the bishop. Its second

paragraph indicates that mergers, unions and suppressions of such institutes or societies are also

reserved to the Dicastery. The third paragraph is new. It indicates that the Dicastery is competent

for approving and regulating new forms of consecrated life. The fourth paragraph addresses its

competency to erect or suppress unions, confederations, and federations of institutes and societies.

Art. 123 in PE is similar to art. 107 in PB. Both refer to the charism of the founders and

the tradition of each institute of consecrated life and society of apostolic life. However, PE places

a more concrete stress on Christ and the gospel when it says:

The Dicastery works to ensure that Institutes of Consecrated Life and Societies of
Apostolic Life make progress in following of Christ in conformity with the Gospel,
according to their proper charism stemming from the spirit of the founder and sound

21 PE, art. 121.

 6

traditions, that they faithfully pursue their own ends and contribute effectively to the
building up of the Church and to its mission in the world.22

Art. 124 is also significant because it provides a list of areas of competency of the Dicastery,

elaborating on the list that was already evident in art. 108 §1 PB. It now states:

§ 1. … the Dicastery deals with matters belonging to the competence of the Apostolic See
regarding the activity of the Institutes of Consecrated Life and Societies of Apostolic Life,
particularly with regard to:
1. the approval of Constitutions and their amendments;
2. ordinary government and discipline of members;
3. the incorporation and formation of members, including through specific norms
and directives;
4. temporal goods and their administration;
5. the apostolate;
6. extraordinary measures of governance;
§ 2. The following belong to the competence of the Dicastery ….:
1. the transfer of a member to another approved form of consecrated life;
2. the extension of absence and exclaustration beyond the term granted by the
supreme Moderators;
3. the indult for members in perpetual vows to depart from Institutes of
Consecrated Life or Societies of Apostolic Life of Pontifical right;
4. imposed exclaustration;
5. the examination of appeals against the decree of dismissal of members. 23

There are three other articles. Art. 125 concerns International Conferences of Major Superiors.

They can only be erected by the DICLSAL. The same Dicastery is competent to approve their statutes and

sees that their activities are ordered to their proper end. Art. 126 §1 states that the eremitical life and

the Ordo Virginum are subject to the Dicastery because they are forms of consecrated life. Paragraph 2

speaks about establishing associations of consecrated virgins at the international level. Additionally, like

art. 111 PB, art. 127 PE has competency over Third Orders and those associations that are erected with a

view to being established as an institute of consecrated life or a society of apostolic life.

With this foundation in mind, this author now turns to major changes made in some of the

canons regarding institutes and societies.

22 PE, art. 123.

23 PE, art. 124.
 7

The Apostolic Letter Communis vita24

This letter was issued motu proprio. This means that it is an apostolic letter from the Roman

Pontiff. It is written on his own initiative and not at the request of another. When issued in this

way it is designed to settle affairs that are significant but do not require a constitution. They are

legislative in nature and directed to the Church at large. Thus, they modify existing legislation.

They also provide assistance in understanding and interpreting the Code.

Communis vita begins by stating that community life is “an essential element of religious

life.” In accordance with c. 665 §1 religious are not to be absent from their house except with the

permission of their superior. When someone is illegitimately absent c. 665 §2 requires the superior

to seek out the person and help him/her return and persevere in his/her vocation.

There are times, however, when a superior is unable to locate the absent religious. After

at least six months of illegitimate absence in accordance with c. 696 it is possible to begin the

process of dismissal according to the established procedure in c. 697. However, when the

residence of the illegitimately absent religious is unknown it becomes difficult to achieve a

juridical certainty about the situation.

Therefore, as a way of helping institutes apply the necessary discipline as well as

proceeding to the dismissal of the illegitimately absent religious, especially when his/her location

is unknown, Pope Francis decided to add another reason to paragraph one of c. 694. Now there

are more reasons for dismissal ipso facto. Paragraph three was also added. Hence, there is a need

for confirmation in “order to produce juridical effects.” This chart and the following ones on other

canons compare the changes.

24Francis, motu proprio Communis vita, March 19, 2019,

https://www.vatican.va/content/francesco/en/motu_proprio/documents/papa-francesco-motu-proprio-
20190319_communis-vita.html.
 8

1983 Code of Canon Law Communis vita

Can. 694 §1. A member must be held as ipso Can. 694 §1. A religious must be held as
facto dismissed from an institute who: dismissed ipso facto from an institute who:

1° has defected notoriously from the Catholic 1° has defected notoriously from the Catholic
faith; faith;

2° has contracted marriage or attempted it, 2° has contracted marriage or attempted it,
even only civilly. even only civilly;

3° has been illegitimately absent from the

religious house, pursuant to can. 665 §2, for 12
consecutive months, taking into account that
the location of the religious himself or herself
may be unknown.

§2. In these cases, after the proofs have been
collected, the major superior with the council
is to issue without any delay a declaration of
fact so that the dismissal is established
juridically.
§2. In such cases the major superior, with his
or her Council and without hesitation, having
gathered the evidence, must issue the
statement of the case so that the dismissal may
be juridically constituted.

§3. In the case envisaged by §1 n. 3, in order to

be juridically constituted, this statement must
be confirmed by the Holy See; for institutes of
diocesan right the confirmation rests with the
Bishop of the principal See.

Since the dismissal is ipso facto it is distinct from the specific procedures stated in cc. 696

and 697 such as the provision that the cause be grave, external, imputable, and juridically proven

as well as the various warnings, threats of dismissal, waiting a specific period of time before

continuing, and full opportunity for self-defense.25 Therefore, c. 694 does not require those same

procedures. The second paragraph of this same canon simply directs the major superior to

collaborate with the council to demonstrate the fact by gathering evidence and issuing a statement.

25For a good overview see Therese Guerin Sullivan, “Separation of Members from the Institute,” [hereafter, T.
Sullivan] in PH, 172-181.
 9

The dismissal is accomplished by the fact itself. What about confirmation by the Holy See? As

Fr. Michael Joyce, CM says so clearly:

The statement from the major superior and the council is sufficient, but the confirmation
by the Holy See makes the process complete. The confirmation does not change the actual
dismissal. It appears to be a kind of quality control, or it might serve as a data source. 26

This canon binds religious institutes and societies of apostolic life. The reason is because c. 746,

on the dismissal of a definitively incorporated member of a society of apostolic life, refers to cc.

694 – 704.

At the same time, however, paragraph 1, no. 3 has had conflicting interpretations of its

application. Therefore, the then CICLSAL (now known as the DICLSAL) issued a Circular

Letter.27 The general legislation of the Catholic Church does not provide for circular letters as an

authentic source of law. Nevertheless, this form has been used more often in recent years to outline

procedures or norms that are to be observed. Therefore, they appear to express the intentions and

policies of a particular Dicastery.

The letter says that “can. 694 §1, 3° applies exclusively to religious and members of a society of

apostolic life, who are illegitimately absent and not able to be contacted.” 28 The letter states that it does

not apply to “religious who are legitimately absent but cannot be found; religious who are

illegitimately absent but are able to be contacted.”29 It also states that a person is considered unable

to be contacted if one knows only (my emphasis) “ - a telephone number, - an email address, - a

26 M. Joyce, “Missing in Action,” Proceedings of the Eighty-Second Annual Convention, (Washington, DC: Canon Law
Society of America, 2020), 200-212.
27 See Roman Replies and CLSA Advisory Opinions, “Canon 694 §1, 3° Regarding The Application of IPSO FACTO

Dismissal Of A Religious For Illegitimate Absence,” (Washington, DC: Canon Law Society of America, 2020), 19-27
regarding the inquiry, the response from CICLSAL, the original Italian text of the Circular Letter, and the official
English translation of that letter [hereafter, CL].
28 CL, no. 2, 25.
29 CL, no. 2, 25.
 10

profile on social networks, - a fictitious address.”30 Additionally, this new provision is not

retroactive. It does not apply to cases prior to April 10, 2019. 31

Communis vita also states that the new article added to §1 requires a modification to c. 729

with regard to secular institutes.

1983 Code of Canon Law Communis vita

Can. 729 A member is dismissed from an
institute according to the norm of cann. 694
and 695; moreover, the constitutions are to
determine other causes for dismissal provided
that they are proportionately grave, external,
imputable, and juridically proven, and the
method of proceeding established in cann.
697–700 is to be observed. The prescript of
can. 701 applies to one dismissed.
Can. 729 Dismissal of a member of the
institute proceeds pursuant to cann. 694 §1, 1
and 2; and 695. The constitutions may also
define other causes for dismissal, provided that
they be commensurately serious, external,
attributable and juridically proven, and that the
procedure established in cann. 697-700 also be
observed. The provisions of can. 701 are
applicable to the dismissed member.

The difference between the two is that the 1983 CIC text cites c. 694 in its entirety whereas

Communis vita cites only the first two sections of the first paragraph of the new c. 694.

Consequently, the causes for dismissal ipso facto in a secular institute remain notorious defection

from the Catholic faith and either attempted or contracted marriage even only civilly.

The Apostolic Letter Recognitum Librum VI32

30 CL, no. 2, 25.

31 CL, no. 6, 26.
32 Francis, motu proprio Recognitum Librum VI, April 26, 2022,

https://www.vatican.va/content/francesco/la/motu_proprio/documents/20220426-motu-proprio-recognitum-
librum-vi.html.
 11

With the Apostolic Constitution Pacite gregem Dei33 the new Book VI, De sanctionibus

poenalibus in Ecclesia,34 was promulgated. In Book VI some delicts have been typified

differently. New ones have also been introduced and the succession of canons has also changed.

This required modification to conform with the canons of other Books of the Code. The letter

Recognitum Librum VI was issued motu proprio. The changes affect c. 695. The basic purpose is

so that this canon which affects institutes and societies coincides with the changes made to the

canons in Book VI. Another difference is that the “major superior” now has the authority rather

than simply the “superior.” Numerous other special laws also have indirect consequences.35

1983 Code of Canon Law Recognitum Librum VI

Can. 695 §1 A member must be dismissed for
the delicts mentioned in cann. 1397, 1398, and
1395, unless in the delicts mentioned in can.
1395, §2, the superior decides that dismissal is
not completely necessary and that correction of
the member, restitution of justice, and
reparation of scandal can be resolved
sufficiently in another way.
Can. 695 §1 A member must be dismissed for
the delicts mentioned in cann. 1395, 1397, and
1398 unless in the delicts mentioned in cann.
1395 §§2-3 and 1398 §1, the major superior
decides that dismissal is not completely
necessary and that correction of the member,
restitution of justice, and reparation of scandal
can be resolved sufficiently in another way.

This canon refers to the delicts mentioned in the three canons. Remember that a delict is a

crime. It is an offense and a canonical punishment has been established for it in canon law.

Without going into the detail needed when dealing with crimes, this author will give a very brief

33 Francis, Apostolic Constitution, Pascite gregem Dei, June 1, 2021,

https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2021/06/01/210601b.html.
34 Francis, De sanctionibus poenalibus in Ecclesia, June 1, 2021, https://www.vatican.va/archive/cod-iuris-

canonici/latin/documents/cic_liberVI_la.pdf.
35 Two examples are Francis, Apostolic Letter issued motu proprio As a Loving Mother, June 4, 2016,

https://www.vatican.va/content/francesco/en/motu_proprio/documents/papa-francesco-motu-
proprio_20160604_come-una-madre-amorevole.html, and Francis, Apostolic Letter issued motu proprio, Vos estis
lux mundi, May 7, 2029, https://www.vatican.va/content/francesco/en/motu_proprio/documents/papa-
francesco-motu-proprio-20190507_vos-estis-lux-mundi.html.
 12

overview of each canon. Canon 1395 refers to external sins against the sixth commandment of the

Decalogue. Canon 1397 involves homicide, forcible or fraudulent kidnapping, grave wounding,

detention, or mutilation of another as well as abortion. The first paragraph of c. 1398, speaks of

punishments especially when a delict is committed against the sixth commandment of the

Decalogue with a minor, or a person who habitually has the imperfect use of reason, or a person

for whom the law recognizes equal protection. It includes recruitment or inducing such persons

to show himself/herself pornographically or to participate in pornographic exhibitions as well as

immorally acquiring, possessing or distributing pornographic images of such persons. This is

known as grooming. Its second paragraph specifically refers to punishments for members of

institutes and societies. Therefore, sexual abuse of minors by religious who are ordained or not

ordained is a crime.

The Apostolic Letter Competentias quasdam decernere36

This motu proprio letter introduces changes not only in the 1983 Code but also to the CCEO.

While there are numerous canons in this letter, this author is only dealing with the ones pertaining

directly to institutes and societies in the Latin Church. This letter states that the changes are

intended to foster “a healthy decentralization” in the way that is “without prejudice to its

hierarchical dimension.” Hence, areas of competence are changing in a way that safeguards the

unity of discipline in the universal Church and executive power in the local Church and ecclesial

institutions.

36Francis, motu proprio Competentias quasdam decernere, February 11, 2022,

https://www.vatican.va/content/francesco/en/motu_proprio/documents/20220211-motu-proprio-assegnare-
alcune-competenze.html.
 13

There are two canons on seminaries. Canon 237 §2 on the erection of an interdiocesan

seminary and its statutes, replaces the term “approval” with the term “confirmation.” Canon 242

§1 concerns the program of priestly formation established by the episcopal conference. It replaces

the term “approved” with the term “confirmed.” It appears that using the word confirmed makes

it firmer or strengthens it.

1983 Code of Canon Law Competentias quasdam decernere

Can. 237 §2. An interdiocesan seminary is not
to be erected unless the conference of bishops,
if the seminary is for its entire territory, or the
bishops involved have obtained the prior
approval of the Apostolic See for both the
erection of the seminary and its statutes.
Can. 242 §1 Each nation is to have a program
of priestly formation which is to be established
by the conference of bishops, attentive to the
norms issued by the supreme authority of the
Church, and which is to be approved by the
Holy See. This program is to be adapted to new
circumstances, also with the approval of the
Holy See, and is to define the main principles
of the instruction to be given in the seminary
and general norms adapted to the pastoral
needs of each region or province.
Can. 237 §2. An interdiocesan seminary is not
to be erected unless the conference of bishops,
if the seminary is for its entire territory, or the
bishops involved have obtained the prior
confirmation of the Apostolic See for both the
erection of the seminary and its statutes.
Can. 242 §1 Each nation is to have a program
of priestly formation which is to be established
by the conference of bishops, attentive to the
norms issued by the supreme authority of the
Church, and which is to be confirmed by the
Holy See. This program is to be adapted to new
circumstances, also with the confirmation of
the Holy See, and is to define the main
principles of the instruction to be given in the
seminary and general norms adapted to the
pastoral needs of each region or province.

Canon 265 is on incardination. It adds public associations of the faithful that have received

that faculty from the Holy See to the structures that can incardinate. This addition is very

significant. Those of us who assist such public associations know the problems that can occur

when this faculty has not been given.

1983 Code of Canon Law Competentias quasdam decernere

Can. 265 Every cleric must be incardinated Can. 265 Every cleric must be incardinated
either in a particular church or personal either in a particular church or personal
 14

prelature, or in an institute of consecrated life prelature, or in an institute of consecrated life

or society endowed with this faculty, in such a
way that unattached or transient clerics are not
allowed at all.
or society endowed with this faculty, or also in
a public clerical association which has
obtained that faculty from the Apostolic See,
in such a way that unattached or transient
clerics are not allowed at all.

Canon 686 §1 extends the time limit to five years for granting an indult of exclaustration.

Recall that exclaustration means that a member is allowed to live outside of the religious institute

for a period of time. The exclaustrated individual remains a member of the religious institute.

However, there is a relaxation of some obligations. The key is the agreement entered into and

understood by the exclaustrated person and the person granting the indult. If you are dealing with

such a situation, this author encourages you to consult the chapter in the Procedural Handbook

written by Therese Guerin Sulliven.37 She gives an excellent overview of exclaustration and

provides very practical samples of agreements and letters. After five years the competence for an

extension is reserved to the Holy See or the diocesan bishop. In regard to societies of apostolic

life, c. 742 indicates that the constitution governs this matter.

It is important to realize that this canon refers to voluntary exclaustration. It is also vital

to remember that there are other types of exclaustration. One of them is involuntary or imposed

exclaustation as described in canon 686 §3. The others are qualified exclaustration, ad

experimentum exclaustration and exclaustration for as long as it is needed. The time periods for

these other kinds of exclaustration vary according to the type of exclaustration. Once again, you

can find more information in the Procedural Handbook.

1983 Code of Canon Law Competentias quasdam decernere

37 For a detailed overview see T. Sullivan, in PH, 156-171.

 15

Can. 686 §1. With the consent of the council,
the supreme moderator for a grave cause can
grant an indult of exclaustration to a member
professed by perpetual vows, but not for more
than three years, and if it concerns a cleric,
with the prior consent of the ordinary of the
place in which he must reside. To extend an
indult or to grant it for more than three years
is reserved to the Holy See, or to the diocesan
bishop if it concerns institutes of diocesan
right.
Can. 686 §1 With the consent of the council,
the supreme moderator for a grave cause can
grant an indult of exclaustration to a member
professed by perpetual vows, but not for more
than five years, and if it concerns a cleric, with
the prior consent of the ordinary of the place in
which he must reside. To extend an indult or to
grant it for more than five years is reserved to
the Holy See, or to the diocesan bishop if it
concerns institutes of diocesan right.

Canon 688 §2 assigns the competence for the relevant indult to the supreme moderator

with the consent of the council for individuals temporarily professed who ask, for a grave cause,

to leave the institute. In accenting grave cause, the canon is clearly stating that profession is a

serious commitment. This is a very significant accent. Therefore, the indult should not be granted

unless the cause is grave. The gravity of the reason needs to be discerned with the individual, the

formation director and the competent major superior. When there has been a very serious error

regarding the vocation to religious life or when someone cannot observe the vows, it may be better

for the individual and the community for this person to find another way of living the Christian

life.

Based on numerous experiences this author welcomes this particular accent that is, once

again reiterated in this canon. It appears to be a correction that crept into religious life sometime

after Vatican II when temporary profession was incorrectly understood because the accent was

based on temporary rather than profession. Indeed, there were some congregations that incorrectly

thought that temporary profession was more similar to promises rather than vows.

This change applies to institutes of pontifical right, institutes of diocesan right and

autonomous monasteries. Institutes of diocesan right no longer need to get the confirmation of the
 16

diocesan bishop. In regard to societies of apostolic life c. 742 indicates that the constitution

governs departure of a member not yet definitively incorporated.

1983 Code of Canon Law Competentias quasdam decernere

Can. 688 §2. During the time of temporary
profession, a person who asks to leave the
institute for a grave cause can obtain an indult
of departure from the supreme moderator with
the consent of the council in an institute of
pontifical right. In institutes of diocesan right
and in the monasteries mentioned in can. 615,
however, the bishop of the house of
assignment must confirm the indult for it to be
valid.
Can. 688 §2 During the time of temporary
profession, a person who asks to leave the
institute for a grave cause can obtain an indult
of departure from the supreme moderator with
the consent of his or her council; in the case of
an autonomous monastery, mentioned in can.
615, however, the bishop of the house of
assignment must confirm the indult for it to be
valid.

Canons 699 §2 and 700 indicates that the decree of dismissal from the institute, for a grave

cause, of a temporarily or perpetually professed member takes effect from the time that the decree

is issued by the supreme moderator with the consent of the council and communicated to that

member who has the right to appeal.

1983 Code of Canon Law Competentias quasdam decernere

Can. 699 §2. In the autonomous monasteries
mentioned in can.615, it belongs to the
diocesan bishop, to whom the superior is to
submit the acts examined by the council, to
decide on dismissal.
Can. 700 A decree of dismissal does not have
effect unless it has been confirmed by the Holy
See, to which the decree and all the acts must
be transmitted; if it concerns an institute of
diocesan right, confirmation belongs to the
Can. 699 §2 In the autonomous monasteries
mentioned in can. 615, it belongs to the major
superior, with the consent of his or her council,
to decide on dismissal.
Can. 700 A decree of dismissal issued in the
case of a professed member takes effect from
the time that it is communicated to the member
concerned. To be valid, however, the decree
must indicate the right which the dismissed
 17

bishop of the diocese where the house to which
the religious has been attached is situated. To
be valid, however, the decree must indicate the
right which the dismissed possesses to make
recourse to the competent authority within ten
days from receiving notification. The recourse
has suspensive effect.
possesses to make recourse to the competent
authority within ten days from receiving
notification. The recourse has suspensive
effect [note: see below for the motu proprio
modifying the terms of recourse of a member
given on April 2, 2023 and taking effect on
May 7, 2023].

Canon 1308 reduces the obligations of Masses and modifies competence.

1983 Code of Canon Law Competentias quasdam decernere

Can. 1308 §1. A reduction of the obligations of
Masses, to be made only for a just and
necessary cause, is reserved to the Apostolic
See, without prejudice to the following
prescripts.
Can, 1308 §1 A reduction of the obligations of
Masses, to be made only for a just and
necessary cause, is reserved to the diocesan
bishop and to the supreme moderator of a
clerical institute of consecrated life or a society
of apostolic life.

§2. If it is expressly provided for in the charters
of the foundations, the ordinary is able to
reduce the Mass obligations because of
diminished revenues.
§2 With regard to Masses independently
founded in legacies, the diocesan bishop has
the power, because of diminished revenues and
for as long as the cause exists, to reduce the
obligations to the level of offering legitimately
established in the diocese, provided that there
is no one obliged to increase the offering who
can effectively be made to do so.

§3 The diocesan bishop also has the power to

§3. With regard to Masses independently reduce the obligations or legacies of Masses
founded in legacies or in any other way, the binding an ecclesiastical institute if the
diocesan bishop has the power, because of revenue has become insufficient to pursue
diminished revenues and for as long as the appropriately the proper purpose of the
cause exists, to reduce the obligations to the institute.
level of offering legitimately established in the
diocese, provided that there is no one obliged
to increase the offering who can effectively be
made to do so.
§4 The supreme moderator of a clerical
§4. The diocesan bishop also has the power to institute of consecrated life or a society of
reduce the obligations or legacies of Masses apostolic life possesses the same powers
binding an ecclesiastical institute if the mentioned in §§2 and 3.
revenue has become insufficient to pursue
 18

appropriately the proper purpose of the

institute.

§5. The supreme moderator of a clerical

religious institute of pontifical right possesses
the same powers mentioned in §§3 and 4.

The Apostolic Letter Modifying the Terms of Recourse of Member Dismissed from Institute

of Consecrated Life38

This letter issued motu proprio introduces changes the recently modified Competentias quasdam

decerne not only for the Latin Code but also for the CCEO. As indicated previously, this author

is only addressing the Latin Church. The letter begins by quoting the sixth general principle that

the Synod of Bishops in October 1967 approved for the revision of the CIC. It says, “It is expedient

that the rights of persons be properly defined and secured.”39 The safeguarding and protection of

such rights holds a privileged place in the Church.

The letter continues by stating that the chronological time contained in c. 700 it not

congruent with the protection of the rights of a person. A less restrictive modality of appealing

would enable the person concerned to be better able to evaluate the situation and to use more

appropriate modes of communication. The letter also believes that there could be a danger that

the procedures envisaged in cc. 697-699 might not always be correctly followed. There is a

change from “ten days” to “thirty days” regarding the right of a dismissed religious to appeal to

38 Francis, Apostolic Letter Modifying the Terms of Recourse of a Member Dismissed from an Institute of
Consecrated Life, April 2, 2023, issued motu proprio
https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2023/04/03/230403e.html.
39 Expedit ut iura personarum apte definiantur atque in tuto ponantur in AAS, LXXV [1983], Pars II, XXII.
 19

the competent authority without the need to request in writing the revocation or correction of the

decree from its author (c. 1734 §1).

Competentias quasdam decernere Modifying the Terms of Recourse of a Member

Can. 700 A decree of dismissal issued in the
case of a professed member takes effect from
the time that it is communicated to the member
concerned. To be valid, however, the decree
must indicate the right which the dismissed
possesses to make recourse to the competent
authority within ten days from receiving
notification. The recourse has suspensive
effect.
Dismissed from an Institute of Consecrated Life
Can. 700 The decree of dismissal issued in the
case of a professed member takes effect from
the time that it is communicated to the member
concerned. To be valid, however, the decree
must indicate the right that the dismissed
possesses to make recourse, without the
petition mentioned in can. 1734 §1, to the
competent authority within thirty days from
receiving notification. The recourse has
suspensive effect.

Rescriptum Ex Audientia SS.Mi Regarding Canon 588 §240

Canon 588 §2 states, “That institute is called clerical which, by reason of the purpose or design

intended by the founder or by virtue of legitimate tradition, is under the direction of clerics,

assumes the exercise of sacred orders, and is recognized as such by the authority of the Church.”

At an audience on February 11, 2022 Pope Francis issued a rescript regarding this second

paragraph. Remember that in accordance with c. 59 a rescript is an administrative act given in

writing by a competent executive authority by which there is granted to some person requesting it

a privilege, a dispensation, or a favor. In this rescript Pope Frances granted to the Cardinal Prefect

and the Archbishop Secretary of the now DICLSAL the faculty to authorize, at its discretion for

individual cases, the conferral of the office of major superior to non-clerics in clerical institutes of

pontifical right and in clerical societies of apostolic life in the Latin Church “without prejudice to

40Francis, Rescriptum Ex Audientia SS.MI, May 18, 2022,

https://press.vatican.va/content/salastampa/it/bollettino/pubblico/2022/05/18/0371/00782.html
 20

can. 134 §1.” Recall that major superiors, along with their vicars, are those who govern an entire

or a part of a clerical institute and are called to give themselves diligently to their office. Canon

134 §1 states that for their own members, major superiors of clerical religious institutes of

pontifical right and of clerical societies of apostolic life of pontifical right who at least possess

ordinary executive power are considered ordinaries.

The rescript provides for three separate cases: (1) the supreme moderator of an institute of

consecrated life or society of apostolic life can appoint a non-cleric as a superior for a local

community with the consent of his council; (2) likewise, the supreme moderator, acting with the

consent of his council, can appoint a non-cleric as a major superior after having received written

permission from the DICLSAL; and (3) a non-cleric can be elected as a supreme moderator or a

major superior, in accordance with the law providing for such cases, but such an election must be

confirmed in writing by DICLSAL.

What is at the core of this rescript? A brief look at the past tells the story. Prior to this

rescript the juridical norms prevented brothers of clerical institutes from participating fully in

government. That distinction between “the brothers” and “the fathers” left its mark on the

mentalities in institutes and societies, their way of life and their ministries. Influenced by historical,

social, and ecclesial circumstances from other eras, brothers were considered as a religious who,

not having the intellectual preparation required for the exercise of priestly ministry, concentrated

on manual tasks. Far too often in the past brothers were appreciated only for their dedication and

the usefulness of their work. They were not considered religious in the full sense of the word

because they were not ordained.

 21

Vatican II underlined that lay religious life “constitutes a state which of itself is one of total

dedication to the profession of the evangelical counsels.”41 Even though it did not treat directly

the question of the position of brothers in a clerical institute, Vatican II teaches that consecrated

life draws its entire reality and meaning out of the practice of the vows and that priestly ordination

does not complete it. Vatican II said, “To strengthen the bond of brotherhood between members

of a community, those who are called lay brothers, assistants, or some similar name should be

brought into the heart of its life and work.” 42

Therefore, it is the opinion of the author of this seminar that this rescript is a way of

correcting the unhealthy distinction between “brothers” and “fathers” in clerical institutes and

societies of apostolic life so that all of the members are viewed as “brothers” in a way that enhances

their apostolate.

Rescript Ex Audientia SS.Mi Regarding Canon 579 43

Canon 579 states, “Diocesan bishops, each in his own territory, can erect institutes of consecrated

life by formal decree, provided that the Apostolic See has been consulted.” The question that has

been raised over the years is whether this consultation is for validity. The rescript that was issued

on May 11, 2016 responds to this question.

It indicates that that every new institute that comes into existence is a gift for the entire

Church. Therefore, there is a need to prevent new institutes from being established on the diocesan

41 Second Vatican Council, decree Perfectae caritatis, 10, October 28, 1965,
http://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-ii_decree_19651028_perfectae-
caritatis_en.html.
42 Perfectae caritatis, 15.
43 Secretary of State, Rescript Ex Audientia SS.Mi pertinens ad canonem 579 Codicis Iuris Canonicis de

Dioecesanis Institutis erigendis, May 11, 2016,

http://www.vatican.va/roman_curia/secretariat_state/parolin/2016/documents/rc_seg-st_20160511_parolin-rescritto-
can579cdc_en.html.
 22

level that lack the proper discernment and to ascertain the true origin of each charism that defines

the specific feature for consecration through profession of the evangelical counsels. Those are

reasons for consulting with the now DICLSAL before proceeding with the establishment of a new

diocesan institute. The rescript goes on to say,

Therefore, in accordance with the view of the Pontifical Council for Legislative
Texts, the Holy Father Pope Francis at the Audience accorded to the undersigned
Secretary of State on 4 April 2016, has set forth that prior consultation with the
Holy See is to be understood as necessary ad validitatem before establishing a
diocesan Institute of consecrated life, otherwise risking nullity of the decree of
establishment of this said Institute.

There is a lengthy list of requirements that must be sent to DICLSAL. For a more thorough

overview of them and the various stages in the process the reader may want to consult the most

recent CLSA seminar given on this topic by this author in 2018.44

For those of us who work with these groups that hope to one day be erected as institutes of

diocesan right, it has become apparent that something needs to be done prior to consulting with

the DICLSAL regarding erection as a diocesan institute. Therefore, the next rescript is important.

Rescriptum Ex Audientia SS.Mi Regarding Public Associations of the Faithful45

This rescript concerns groups that hope to one day be erected as an institute or society of diocesan

right. Pope Francis in an audience on February 7, 2022 in the presence of the Cardinal Prefect and

Archbishop Secretary of the Dicastery for the Institutes of Consecrated Life and the Societies of

Apostolic Life, specifically approved the following provision:

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

44E. Jaramillo, “Erection as an Institute of Consecrated Life or a Society of Apostolic Life: The Nuts and Bolts,” in
Proceedings of the Eightieth Annual Convention, 2018 (Washington, DC: Canon Law Society of America) 153-173.
45 Francis, Rescriptum Ex Audientia SS.Mi Regarding Public Associations of the Faithful, June 15, 2022,

https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2022/06/15/220615e.html.
 23

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 was promulgated on June 15, 2022 and became effective immediately. As a canonist

who works with these groups regularly, this rescript comes as no surprise. Since Vatican II a

number of bishops in the United States were already sending documents to the Holy See regarding

groups that desired to be erected as a Public Association of the Faithful. The comments from the

Holy See were very helpful. The groups that had a solid beginning from the time of being erected

as a Public Association are fruitful whereas other groups that did not have a solid foundation have

caused all sorts of problems.

Conclusion

Pope Francis is a man of his word. For institutes and societies to continue the mission that has

been entrusted to them by Christ and the Church, they need to be empowered so that they do not

get sidetracked by certain kinds of situations. In addressing those situations Pope Francis is really

asking elected and appointed leaders to accompany their members when certain circumstances

occur.

Accompaniment has been a central theme of Pope Francis from the very beginning of his

pontificate. Those elected or appointed leaders who accompany others must practice “prudence,

understanding, patience and docility to the Spirit.”46 Accompaniment also requires tremendous

faith and hope in a loving and merciful Christ centered existence. It is a willingness to bear wrongs

patiently and to forgive, since hurting people often hurt other people. Pope Francis continues his

understanding of accompaniment when he says,

46 EG, 171.
 24

Someone good at such accompaniment does not give in to frustrations or fears. He

or she invites others to let themselves be healed, to take up their mat, embrace the
cross, leave all behind and go forth ever anew to proclaim the Gospel.47

In the future there will be more changes in the law for institutes and societies. In fact, some

canonists think that the entire section of the law on consecrated life will eventually be revised.

The Synod on Synodality may very well offer some suggestions for such changes. This author

encourages the reader to read Instrumentum laboris48 because it contains many challenges and asks

questions about what needs to change in canon law. In regard to institutes and societies it speaks

about participative bodies such as the General Chapter. This author has been following it very

closely and would like to be in Rome as one of the participants. Additionally, we await the revision

of the document that addresses the relationship between bishops and religious. If even a few of the

statements about the revision of Mutuae Relationes49 are true, it holds tremendous hope for

improving relationships between bishops and institutes as well as societies.

It is also important to note that on Saturday, October 7, Pope Francis appointed Sister

Simona Brambilla, an Italian born Consolata Missionary as the Secretary of the Dicastery for

Institutes of Consecrated Life and Societies of Apostolic Life. She is now one of the highest-

47EG, 172.
48Instrumentum laboris for the 16th Ordinary General Assembly of the Synod of Bishops,
https://press.vatican.va/content/salastampa/en/bollettino/pubblico/2023/06/20/230620e.html.

49CICLSAL sent a letter dated May 2, 2016, to the presidents of conferences of major superiors. It requested
contributions toward the revision of the 1978 document, Mutuae Relationes,
https://www.vatican.va/roman_curia/congregations/ccscrlife/documents/rc_con_ccscrlife_doc_14051978_mutua
e-relationes_en.html. In the letter a newly enunciated principle, “co-essentiality” of the hierarchical and
charismatic gifts was highlighted.
 25

ranking women in the Roman Curia. Only one other woman holds the same position in another

dicastery.