At tormented vicissitudes on the SFO Italian unification, has recently added a further step, the Judgement of the Supreme Court of the Apostolic Signatura on appeal to the nth dissenting in part of the SFO support OFM, whose object is the celebration of a separate elective chapter of "obedience."
We had chosen to maintain a profile of the utmost discretion to avoid further controversy and causes of suffering and uncertainty to our brothers and sisters, however in recent times were distributed as usual, many interpretations of distorting facts to such an extent that there can no longer be exempt from offering the explanations and clarifications in order to confirm the brothers and sisters, who are already living unit size, about the absolute goodness and wisdom of their choice and to encourage those who are still in doubt to break the delay.
Our dissenting brethren, eager to mark some point in their favor (in spite of everything that we can not see!) Have already posted on the internet part of the Judgement and provided misleading and incorrect interpretations of recent events in circular letters, articles national and regional magazines, etc. ..
Following the spread of part of the Judgement of the Marking of June 28, 2003, we had been recalled with indignation as to the accuracy, it was argued, one should not speak on the subject before the publication of reasons for the Final Judgement. Today they, the applicants, who do the same thing. Mysteries of consistency!
8 years have passed now since he started Italian judicial SFO adventure ... and the story continues. Usque tandem? But why so much rage, so much more than 8 years in the dissidents have not yet obtained any results from the Church in favor of their thesis! In exchange, the devastating effects of this dispute, which humiliate the "brotherhood", shocked many simple souls and are of the same wrenching divisions within the Franciscan family of Italy, before the eyes of all.
together briefly retrace the events.
November 29, 2000 - Decree of IVCSVA (Prot No. 43297/98) in response to the appeal by hierarchical Argia Passoni and Fr Luigi Moro against the Decree of the Presidency of the SFO June 10, 1998
The decision was to correct the impugned orders while maintaining dutifully the obligation to seek by any means prescribed by rule and unification Constitutions , praising all the components of the SFO that are now meeting the required structural unification .
Regarding the component OFS / Min of Italy, affirms that it must also set out earnestly toward unification, however, is allowed their own path to unity, the achievement of which within one year of this Decree, must work together OFM Provincial Superiors of Italy, all the Friars Minor and the concerned authorities of the SFO / Min.
We heed the words: correct, obligation, prescribed by the Rule and Constitutions, structural unification.
Correct not abolish.
What is the fix? Give a year's time because, through their own path to bring in their own structures, converge in the only Italian SFO by November 29, 2001.
obligation to seek unification by any means prescribed by the Rule and Constitutions. ... The required structural unification. No need to comment
. Yes is already written too!
This decree was hailed as a victory by the plaintiffs. Their way was wielded by giving it the meaning that was convenient, distorting the spirit and letter of the Decree of the Congregation and its subsequent interpretation authentic.
So it was a victory (but that victory over and against whom?) That followed immediately appeal to the Apostolic Signatura against the decree of the Congregation. Maybe it was not just a victory!
APPEAL LOST
SIGNATURE OF JUDGEMENT ABOUT THE ACTION BROUGHT AGAINST THE DECREE OF THE CONGREGATION 29 November 2000 (Prot No. 31858/00 CA - ROMAN-of June 28, 2003, notified February 4, 2004) .
Device:
Negatively, that is not against the law, regarding the subject of the action confined to the obligation to work together to ensure the organic unity and structure in Italy is completed.
Although the applicants, over time, tried to add appeal to many other issues (automatically rejected), the Signatura, in agreement with stakeholders, decided that the only topic that should be decided was: You legitimate, in substance and procedure, the decision taken by the congregation?
Answer: yes it is legitimate.
What is this decision? Obligation to work together to ensure the organic unity and structure in Italy is completed.
We always pay attention to the words: duty, organic and structural units, completed. The comments are superfluous.
Even this ruling was hailed by the plaintiffs successfully. Mysterious paths of the human mind!
think that a corollary of the various appeals-(I mentioned above and which was rejected) was used to reaffirm the rightness of its arguments. We mention briefly.
requested the Apostolic Signatura to prohibit all activities of the SFO of Italy, as illegitimate, "pending litigation" both at the constitutional level (National Chapter invalid because no single representative) and economic standpoint (the famous non-profit organization).
appeal dismissed November 9, 2002: do not grant the relief sought because it is not clear how the applicants' rights may be endangered.
Well, while rejecting the request (SFO activities in Italy and the national chapter are clearly legitimate and representative), the outcome of the action was proposed as a victory.
The reasoning was, since there is no danger that our rights (to whom? Of the two applicants, individuals, and Br Argia Passoni Luigi Moro?) Are affected, this means that we have rights, and therefore exist ! (Who they ol'OFS / Min?). Creativity of the principles of the Forum!
In any case, both the Judgement of the Marking was seen as a victory which were introduced four other applications (not counting other appeals-corollary, and others that perhaps we do not know)!
The appeals were always against the congregation and always in the appendix to the case on the First Judgement of the Apostolic Signatura!
All four appeals were dismissed!
June 23, 2005
APPLICATION N. 1
You are prompted to "inhibit the IVCSVA SFO ... and to issue and, a fortiori, written disclosure the content of those cited above (July 12, 2001, February 28, 2004, August 28, 2004) that could cause confusion in our church as a brotherhood and accredit those that are abnormal and improper actions of other authorities. "
The letters in question are the Congregation of the International Council and in which, referring to the decision of the Signatura, it asks all interested parties the faithful execution.
APPLICATION REJECTED (No Prot 31858-D/05 CA - ROMAN - 23 June 2005)
From the text of that Judgement we learn, among other things, that the Applicant (Argia Passoni) had required April 16, 2004
that "it inhibits IVCSVA to give misleading interpretations emanating from this divine Judgement of the Supreme Court (the Signature), to authorize or encourage the SFO, and through this, the SFO-called National Council of Italy to hold the same so-called unitary regional chapters, including that of Fraternities are part of the National Fraternity SFO Minor, which expressly and formally rejected at the time it joins the SFO of Italy. "
We also learn by the same text that the appeal was rejected without even being admitted at the trial.
What does this mean?
means that you can not prevent the congregation to ask the SFO and its by the National Council of Italy, so we celebrate the regional chapters unit, as it encompasses all the fraternities assisted by the Friars Minor!
THE MEANING AND SCOPE OF THE DECISION ARE FUNDAMENTAL AND THEIR IMPORTANCE TO ANYONE NOT ESCAPE!
APPLICATION N. 2
is required to "be issued Executive Order of Judgement (28 June 2003) and suggest ways to run it."
APPEAL DISMISSED (Prot No. 31858-B/04 CA - ROMAN - Iudica - 23 June 2005)
save you the reasons for the sentence even if these are of considerable interest to legal understanding.
APPLICATION N. 3
In Appeal requires that "the action (already rejected) ... on (il) legitimacy of the Chapter of Frascati from which the SFO was born in Italy to be included, and the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, and the SFO and the SFO of Italy should not be allowed in a matter of urgency and in that case to issue ... and, a fortiori, to disclose written and put in place measures which might be confusing or harassment of our fraternity in particular suspend any Regional Chapter-called unitary which are involved in that fraternity of the Child (sic). "
APPEAL DISMISSED (Prot No. 31858-B/02 CA - ROMAN - 23 June 2005)
This decision reinforces what we have observed in our commentary on the use of No. 1!
's remarkable to see how all these three appeals have been submitted on behalf of one individual in Argia Passoni. Remarkable
observe how these three applications, the applicants have spoken widely at the time of their presentation, but then no one has
NEVER DISCLOSE THEIR CONTENT AND EVEN MORE SERIOUS, THAT NO ONE EVER HAS INFORMED THE BROTHERS AND SISTERS THAT WERE were all rejected!
March 18, 2006
APPLICATION N. 4
This appeal, like that of June 28, 2003, was addressed by the Plenary Assembly of the Apostolic Signatura 18 March 2006.
in this appeal is asked to judge
"whether it is against the law, both in procedure and substance, about the silence of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, the instance of the day February 12, 2004 with which it asked the celebration of the Chapter (separated by "obedience") to renew the National Council of Min lt "
And in case Yes:
"If it is against the law, both in procedure and substance, about the celebration of the Chapter refused to renew the National Council SFO Min It.
part of the Judgement (Prot No. 31858 / C/04 CA - Romana - 18 March 2006):
negative, which is not so much in violation of the law on procedure in regard to the silence of CIVCSVA the instance of the day February 12, 2004, with which required to renew the celebration of the Chapter, the National Council and the SFO Min It. with a concept (for mentem). The concept
(mens) is therefore this: If the congregation for pastoral reasons linked to serious moment want to suppress the SFO Min It., it must do canonically expressed in the form and clear.
APPEAL DISMISSED.
In practice, the congregation could not deny (and, in fact, did) that a separate chapter of "obedience" was celebrated.
The note about the particular concept (mens) raises some concern, because: 1.You
doubt inherent in the proposal and to matter and therefore it is unnecessary to judge the outcome of the dispute.
2.Chiede to suppress something that under the new legislation given to the SFO by the Church, can not exist organized as an entity in itself and, in fact, no longer exists as such. This amount consisted of individual fraternities that obviously exist, are in good health and belong to the one and only SFO. Furthermore, it is easy to understand what the exact definition of any such residual entity, and those who actually understands and who and how many, in the individual fraternities possibly related to it you want, in fact, individually and in their knowledge and belief, to separate by the one SFO.
3.Chiede to suppress such an alleged entity, for pastoral reasons, when in fact such a plea would be difficult and potentially controversial definition, as it is on a foundation its legal existence does not exist. In fact, the new rules and new constitutions, by the Church itself, canonize a particular structure of the SFO with a centralized, ipso facto canceling all previous structure and division, and bringing back all the fraternities in the world to a body and structural units in accordance Constitutions, as is already, in fact, for many years, all over the world.
Apparently (so it seems possible to interpret the intention of the Apostolic Signatura), the Court faced with a persistent, repetitive and persistent insistence of the appellants, would put an end to this state of affairs and suggests a possible way for the congregation without fact investigate whether the road is passable, just leaving that task to the Congregation.
fact,
who ever canonically a reality called SFO Min lt? OFM Minister General denies that there is such a reality. We must believe him.
Some structures above the local fraternities existed at one time (and commendably) in some countries, for a practice, out and established on a purely voluntary (cf. GGCC 1957, Article 121 and, for Italy, Statute 1974). This situation is finally finished with the new rules and new constitutions, which have abolished the Rule and Constitutions earlier.
The new legislation gives the authorities the prerogative of the SFO and the right to establish the regional and national fraternities, which has been done and found that the direct and indirect consent of the ecclesiastical authorities in charge (the Supreme Pontiff, the Congregation, the Signatura, the Conference of Ministers General of the 1st Order and the TOR).
In any case, someone has to explain to our brothers and sisters from whence the absolute certainty shown by the dissenters in spreading throughout Italy, with insistence and for over a year, the news that their national chapter was now a thing sure, that was already working on its organization, that all should abstain from giving heed to those who ask the fraternities to participate in any meetings unitary Chapters and elective unit.
It seems, finally, noteworthy to underline that all the previous actions, not the last, as the only actress to have been the person of Mrs. Argia Passoni. Not surprisingly, as the Congregation long had notified (and the Judgement of the Marking of June 28, 2003 had confirmed) to the sister Argia Passoni that his term as Minister of legitimate component OFS Min had expired and that no longer could no longer represent the reality that there was no note of legal subjectivity. latter action was, however, submitted on behalf of the SFO Minor It. this surprising change of strategy and even surprising that such an appeal a legally non-existent entity in the Church was in fact admitted to the discussion. Not for us to comment on.
In a recent article on the Song of speaking a myriad of (sic) of complaints, local, regional, national. Myriads!
Appeals to remain separate, to continue to dig the groove of division, to mortify the fellowship!
However ... the outcome of these appeals filed in clusters and become a fixed date, do not appear to have any results, but ... they were all lost!
And continues .... I will not even think about the economic cost that this effort is producing unproductive. Who he is taking charge? The brothers and sisters of the SFO support children? Are aware of?
Beyond the events concerning actions have then been further interventions improper and misleading.
we give concise guide.
Song recently published (April) profoundly erroneous statements about alleged entrenchment SFO in Italy and the International Presidency on the proposed commission "peer" nodes legal principles (unity, altius moderamen, collegiality Assistance , Profession, etc.), assumptions of new tips etc.., etc. .. The terms used in
in question are very heavy. Carry a few sentences because it appreciates the style:
"break the deceit of it all is accomplished";
Proposal rejected by the SFO and Ciofs unit ... as proof of who does not want dialogue and does not listen to reason. "
"context of pressure and misleading information" (this includes, in addition of course to the presidency of the International Council and the SFO of Italy, the Minister General of the OFM, the OFM almost all the provincial ministers, the congregation, etc. ..);
"... the discipline of ecclesial communion apart from which no one can." The communion - that they refuse and insisted that we offer and we want above all else - is a discipline (sic) and not a free and voluntary act of love.
Given that it is not clear what compromise should be found, since what has been done, and continues to do, happened, and takes place in full respect of the Rule and Constitutions, with the approval of the Church and 'entire Franciscan family, for clarity we decided to go public, unfortunately, the letter that the International President of the SFO, signed by the Minister General Encarnación del Pozo, sent last November to IVCSVA, following some proposals made by Bishop V. Bertolone, at its meeting on July 18, 2005 in front of qualified representatives of the Franciscan family and the congregation itself, as described in the letter.
This letter has been approved by the Presidency, was brought before the General Chapter (Supreme Authority of the Order) of last November, which approved it unanimously.
Read the letter carefully and you will realize the absolute inconsistency of the findings published in the Song and in various other locations.
There is nothing to "negotiate", there can be two governments if the SFO is "one and only", there is nothing to redefine the profession, concerning the nature of the unity of the SFO, on the collegiality of the assistance, sull'altius moderamen since the Church has long been defined and clarified beyond any doubt, these cornerstones of our Order and how defined by the Church is not negotiable, you accept and live with humility, love and obedience.
are read, finally, by other parties, comments about the freedom in extending the mandate of the National Council. Among them, we read the following statement: "... why the National Council of Italy is not renewed? It 's true that the SFO was given a year extension (maximum time be awarded before the expiration of legal advice) but it is also true that missing a few days or not? "
Apart from the ignorance that shines through the insert in brackets, it should be noted first that the extension (" tax "and not required ) was at least a year, and that the National Council of Italy, and his minister, agreed with discipline and sense of responsibility, even if reluctantly, to continue its service, as expressly required by 'high, and well higher than the same international president of SFO.
Unfortunately, as always, there are two weights and two measures: Argia and Passoni his council, despite long warned by the congregation, seek to maintain, and indeed remain, illegally charging more than 15 years (!!!) and in defiance of the Rule and Constitutions , which seem to have no value for them.
We stop here (there is much on which to inform and much more directly) because we know that our brothers and sisters are rightly tired and disgusted by these things, confident that soon the sun will shine for the perfect fellowship throughout the SFO Italian , as well as Francis and the Church wants.
For our part, we move on, serene, the path set out by the Church to realize the unification of organic, structural prescribed and charismatic, always calling everyone to all the events of national and regional fraternities fraternity, always launching appeals to unity, without losing hope and being faithful to the one will of the Church:
"The Church expects from Franciscan Secular, one and only, a great service to the cause of the Kingdom of God in the world today. She wishes that your Order is a model of organic, structural and charismatic at all levels, so as to present to the world as a "community of love" (Rule 26). The Church expects from you, Secular Franciscans, a courageous and consistent witness of Christian life and Franciscan striving to build a more fraternal and evangelical world for the realization of the Kingdom of God "(John Paul II at the General Chapter of the SFO, November 22, 2002)
Benedetto Lino, SFO
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