Prot N. CA 31858/00
ROMAN
appeal against the decree of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, 29 November 2000 (43297/98 Prot)
(Ms. A. Passoni and RPLMoro - Congregation Institutes of Consecrated Life and Societies of Apostolic Life).
IN THE NAME OF THE LORD. AMEN.
XXV In the Supreme Pontificate of John Paul II, June 28, 2003, THE SUPREME COURT
judges of the Apostolic Signatura and the Reverend Lords Cardinals Cardinal Mario Francesco Pompedda, Prefect, D. Cardinal Agostino Cardinal Simon Lourdusamy and Cacciavillan and Their Excellencies and Reverend Messrs. Julian Herranz, Eduardo Davino, Francesco Coccopalmerio, Thomas George Doran and Xavier Rodríguez Echevarría, Ponente,
Case Romana, prot. No CA 31858/00, Appeal against the decree of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, 29 November 2000 (43297/98 Prot),
between the applicants Ms Argia and RP Passoni Luigi Moro, represented by Attorney Charles Ch.mo Gullo, and the recusants
the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, represented by Attorney Martha Ch.ma Wegan,
intervener the Rev.mo P. Francesco Daneels, o. praem., Promoter of Justice, this sounds
THE FINAL JUDGEMENT CASE
1. The Secular Franciscan Fraternity
over time were placed under the direction of each of the four Franciscan Order, that of the Friars Minor (OFM) or Conventual (OFM) and Capuchins (OFM) and the Third Order Regular (TOR): therefore fact there were four Franciscan Orders Secular. The First Franciscan Order and the TOR, after a ten-year joint work, prepare a new Rule of the Third Order Secular, who by then had to be called the Secular Franciscan Order (SFO). At the request of General Ministers of the four Franciscan Orders, June 24, 1978 Paul VI approved and confirmed this rule and gave him the force of law apostolic. At the same time, the Supreme Pontiff repealed the earlier Rule of the Third Order Secular Franciscan Order (AAS 70 [1978], pp. 454-455). The Constitutions were approved by the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life for six years in the September 8, 1990, and then for another three years. Unit SFO it was in the General Chapter held in Fatima (1990) and Mexico City (1993). The President, who, under the Constitution is the executive body of the International Council of all the Secular Order, for its part took care to draw up general guidelines in May 1992, through which it could facilitate the path of all Fraternities to unity, over three years, as we wanted.
2.
However, the way to achieve this unity was not easy. To remain in the fraternity of the Italian national, the question now at issue, the Presidency International 6 February 1996 he made his "determination" (as defined in the text), according to which: "You agree on an exceptional basis for the particular difficulties which came to be the Italian SFO, each chapter is celebrating its obedience Elective .... The mandates of the Councils will be elected to the normal duration of three years from the date of this determination "(Summ. I, p. 11). It therefore allows the individual "obedience" Italian or the four parts of the Secular in the dependence of their first order or TOR, to celebrate each of their elective chapter and that the Board so elected remain in office for three years, from the date of determination or by February 6, 1996. It does not appear in the file any objection to this determination by the parties concerned.
3.
approaching the day when, according to the above determination, the councils were elected to end their term of office on June 10, 1998, the President of the International Council, "the cost approach of the February 6, 1999, the date fixed in its determination of February 6, 1996, which marks the maturity of the National Councils of Obedience and then interobediential Council which is the emanation "judged necessary" to give the SFO an Italian instrument other than that can lead to completion the process set out [to the union of all the fraternities] (Summ. I, p. 14).
Therefore, the Presidency "in exercising its duty and responsibility to" take urgent resolutions on any issues relative to the greater good of the SFO "(C, 73.c), June 10, 1998 decreed:
" 1. SFO to appoint a Council of Italy, comprising: -6
component members from SFO-OFM
-4 component members from SFO-OFM Cap.;
-3 component members from SFO-OFMConv.;
-1 member component of the OFS-TOR;
-the International Council of FYM. [Franciscan Youth].
Will be part of this right of the four Assistant National Council of Italy later.
The Board will be attributed, in close collaboration with the Presidency, all the powers, conferred by the General Constitutions of the National Councils;
[...]
3. Obedience to the national fraternity, non-profit organization built on the law of the Italian State, the National Councils of Obedience remain in office only as Boards of Directors of the Authority, for as long as necessary "(I Summ., 14-16 ).
4.
On 20 June 1998, the Italian National Council with the help of the Secular of Friars Minor, that Mrs. Argia Passoni, National Minister, and RP Luigi Moro, OFM, National Assistant, which henceforth will be referred to the applicants, asked its author to the withdrawal of the decree, in accordance with can. CIC 1734 (Summ. I, p. 18). Four days later, ie June 24, 1998 was given the negative response by Ms Emanuela De Nunzio, Minister General of the Third Order Secular. The applicants then, 7 July 1998 on behalf of the National Council of the Secular Franciscan Order of Friars Minor assistance, interposed an appeal with the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (I Summ. , pp. 25-27). The Congregation informed of what the Minister General of the Secular Order and requested an opinion in the meantime, the Conference of Ministers General of the First Order and TOR, which also called for mediation to work groped to resolve the dispute peacefully. On July 31, 1998, Mrs. De Nuncio presented his arguments to the Congregation (Summ. I, pp. 31-39), to which the applicants said October 7, 1998 (Summ. I, pp. 40-46).
5.
The Congregation for Institutes of Consecrated Life and Societies of Apostolic Life informed the applicants that the Conference of Ministers General of the First Order and TOR was continuing in its attempt to achieve an equitable solution, in accordance with can. 1733 & 1 CIC. The applicant responded on 1 December 1998 that did not accept that mediation, not giving up in any way to appeal unless it was suspended the impugned decree (Summ. I, 54). On 30 December 1998 therefore, Exc. Mo Secretary of the Congregation informed the applicant: "Given the complexity and delicacy of the problem requires not only a detailed study by experts, but also a delicate work of mediation to reconcile different points of view , mentality and sensibility, the work of the Ministers General calls for a reasonable period of time to be completed: This Congregation Therefore, in order to avoid further complications, invite the parties to wait The result of the mediation entrusted to the General Ministers, meanwhile avoiding any further work on the subject of dispute "(Summ. I, p. 55).
This call can hardly be considered as an affirmative decision on the request of the suspension of the decree, but in fact it was so understood by the applicants. In truth, this was accorded suspensive effect has something to say, as something previously communicated in the letter dated 8 April 1999 by HE. Mo Secretary of the Congregation of the Conference of Ministers General of the First Order and TOR (Summ. I, p.71), but it does not appear in any part of the same decision that was explicitly communicated to the author of the decree and upon the applicant. Indeed, in the memorial ("Memorandum") delivered to the Congregation May 7, 1999, the Minister General of the SFO, which is the author of the decree, wrote: "Although the action was not suspension ..." (Summ. I, p .81).
6.
Meanwhile, 10 March 1999, the General Conference of the Ministers noted these things: "We have taken several initiatives .... The sensitivity of the issue has not yet allowed to reach the guidelines that will satisfy all parties concerned. We therefore search for any further initiative to encourage a full reconstruction of communion within the SFO and the entire Franciscan family ... we noticed that in all this is the desire for unity of the SFO, although the timing and modalities of the concrete realization of unitary structures for the time they create differences. We are therefore convinced that all should respect the different positions of the various components of the Italian SFO, and of those who accepted the decree [that the decree appealed by the plaintiffs] have already taken the preliminary steps provided for in it, both of whom, at the moment, it difficult to adhere to the same Decree (Summ. I, p.56-57).
7.
The mediation was carried out, but meanwhile the President of the International Council of the Secular Franciscan Order, March 16, 1999, through a "determination", "accepts the suggestion to wait for the opportunity and the opportunity to implement the Decree issued on June 10 1998 ', also the president himself, noting "the expiry date of the national councils of obedience ... [that] forces to take temporary solutions to fill the vacuum of authority that has been created," assumed "in the first government of the Fraternity the SFO in Italy and the coordination of its process of unification ", pointing to a national conference from 19-20 June 1999. Therefore, "... Taking into account the availability of components to the organizational unit assisted dall'OFMConv., OFM Cap. and TOR, the Presidency SFO (SFO International Council) shall, today, to the establishment of national unitary structure of the Italian SFO with these components, studying at the same time, in dialogue with the component assisted dall'OFM, useful steps for his adherence to the national unity "(Summ. I, pp. 60-62) The applicants instead, March 22, 1999, notified the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life that they did not accept the above "determination" since, in their opinion, was how the impugned decree June 10, 1998 (Summ. I, p. 65).
8.
The issue has continued further and shows quite clearly at the heart of the matter, at least by the applicants, not only as to when and how to reach the union, but just to clearly define the nature of the union. In fact in the letter sent to the ECC. Mo Secretary of the Congregation on 8 April 1999, we read this: "it is noted that an acute discomfort does feel a certain need and desirability of comprehensive review of the facilities provided by the Constitutions of the SFO are approved experimentally for. Experiment which seeks an extension to find a different configuration of the unit and the structures in which the SFO is divided. If not born from a profound conviction not only of the need and opportunity to live the Franciscan charism in unitary form part of the laity, but also to implement that project facilities are fully shared by all members, a difficult organism as a whole can maintain its cohesion (Summ. I, pp. 71-72). It is therefore clear that this issue goes beyond all the limits within which it is necessary to contain today's decision of this Supreme Court, which must only determine the legitimacy or otherwise of the decree contested.
9.
This led to the decision of the Congregation, who examined the issue at its meeting on 23 June 2000, but the decree was only issued November 29, 2000 (Summ., pp.195-199). The decree which, after exposure of the case, in its operative part contains the following:
"The decision was appealed to correct the decree (c. 1739), while dutifully maintaining the obligation to seek by every means the unification prescribed by the Rule and Constitutions, praising all the components of the SFO that are now meeting the required structural unification. Regarding the component OFS / Min. 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 cooperate OFM Provincial Superiors of Italy, all Friars Minor and the concerned authorities of the SFO / Min "(ibid., p.199).
Ten days later, ie 8 December 2000, the Congregation approved and confirmed the text of the Constitutions of the Secular Franciscan Order (Summ. II, p. 1).
10.
- By letter dated December 10, 2000, "in the name and on behalf of the National Fraternity of the Order Secular Franciscan Minor assistance, "Ms. Passoni Argia and the Moro RPLuigi made this appeal at the Supreme Court (HST) against the above mentioned decree of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (Summ. II, p. 2) confirmed that action on 21 and 28 December, adding that the request to suspend the contested decree (see ibid., pp. 12 and 16), which suspension shall not have any decision by The Supreme Court.
11.
- On January 10, 2001 The Supreme Court informed the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, about an appeal, asking the same time acts of the case and urging the establishment of a patron. The mandate to engage the support of the applicants was given to Mr. Charles Gullo Ch.mo. The congregation then passed the documents of the case and gave the job of the Attorney-Lawyer Attorney Martha Ch.ma Wegan.
12.
- We read in the letter sent by the Congregation of the Attorney General of the Order of Friars Minor July 12, 2001: "Regarding the question you have stated, concerning the interpretation of the operative part of the decree of the Congregation, it is stated that, the decision of 29 November 2000, following the requirements of the can. 1739 of the Code, it was confirmed the decree of the Minister General in all that concerns the essential question of unification of the SFO in Italy. The change or correction introduced by the Decree of the Congregation of the decree appealed against, is to award the final deadline of one year in order to achieve unification, according to "their own path to unity" (Summ. II, p. 66 ).
13.
- Accepted then memorials for both applicants and the public administration and drafted the vote in favor of the truth of the matter by the Rev.mo Promoter of Justice, the meeting of the Supreme Court, February 28, 2002, stated that the question was to admit, el'ammise, the discussion of the College (Summ. II, p.125). Then in the usual way, it was agreed to doubt March 14, 2002 (Summ. II, p. 126). Therefore, new documents obtained by the memorials of both patrons and issued a new rating for the truth of the matter by Rev.mo Promoter of Justice, we must now answer to this question proposed:
If violation of the law appears both in procedure and regarding the merits of the decision taken by the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, 29 November 2000.
LAW
14.
- The Rule of the Secular Franciscan current was approved by Paul VI June 24, 1978. In No Rule 2 of the configuration of the Order is established, which is not so much as a spiritual confederation of communion, but as the organic union of all the fraternities existing in the world. At no 20 then he talks about his liaison and coordination at local, regional, national, and international levels. About the spiritual assistance from the First Order and TOR have no rules to 26: is established in this matter that the Board of the Secular ask the same assistance to the superiors of the four religious Franciscan families, to whom the Secular Order is attached. The connection is thus established by the Supreme Pontiff not with either order, but with the entire Franciscan Family, with an implicit abolition of the prescription of can. 702 § 1 of CIC17, where he had only provided a link with a religious practice.
15.
- The Constitutions, as we noted, they obtained a new approval on l8 December 2000, but it is necessary that we present the text as it was in force at the time of the dispute, although there is no material difference. Even in those is provided an organic union. Therefore, according to art. 73, c) of the Polish Constitution, the responsibility of the International Presidency: 'resolutions take on any urgent problems relative to the greater good of the SFO and the Constitution and the Statute SFO (SFO International Council), informing the national council concerned and the next General Chapter ": this allowed must also be applied to immediate operational decisions through the which the union can be accomplished, something to which the Rule and Constitutions did not go into details.
16.
- known as the Rev.mo Promoter of Justice, the applicant, or at least Ms. Passoni, has locus standi. In spite of fact that over time the mandate to cease all National Councils of the Secular, and therefore even with the help of the National Council of Friars Minor, is a continuation of an action commenced before, certainly on behalf of Italian with the help of the Secular Order of Friars Minor, who had been given time to one year to complete the merge.
17.
- It was noted the time to introduce the mandatory use of this Supreme Court.
18.
- According to the agreed doubt, the appeal relates to a single (single) Act, that the legality of the decision of 29 November 2000 by the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, with which, in accordance with can. CIC in 1739, is corrected the decree of the Minister General of the Franciscan Secular June 10, 1998 (correction, however, it is also the "determination" by the Minister General of 16 March 1999).
still continues the decision, "dutifully while maintaining the obligation to seek unification by any means prescribed by the Rule and Constitutions, praising all the components of the SFO that are now meeting the required structural unification." It is confirmed then the obligation to search for organic unity, as is provided in the Rule and Constitutions, which they rejected the objections of the party under the assistance of the Friars Minor in Italy.
are also praised parts of the Secular (ie those who were connected with the Conventual and Capuchin friars, and with the Third Order Regular), since the unit already arrived, making no word yet if the legitimacy of the unitary structure so sort comes from a decision of the International Council or by an act of the congregation.
regard to the Italian with the help of the Secular Order of Friars Minor in the end it states: "affirms that it must also sincerely incaminarsi toward unification, however, is allowed their own path to unity, to which reached within one year of this Decree, must cooperate OFM Provincial Superiors of Italy, all the Friars Minor and the concerned authorities of the SFO / min. Therefore this part of the Secular Order of Italy should seek unity, although it may follow "their own way," certainly by the time of a year, with the collaboration of the Provincial Superiors of Italy and all the Friars Minor interested .
19.
The impugned decree of the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life has not determined what should be done or how to proceed in case the Italian part of the Order Century under the care of the Friars Minor had not obeyed or if he had not fulfilled its duty by the congregation.
We really, according to the agreed questions, only interested in judging the legality of that decision as it is, certainly not about the issues in it are not resolved or are passed over in silence or some further decisions or declarations, if and how, then by the same Congregation dates in relation to issues not covered in the contested decision of 29 November 2000.
20.
vain then Ch.mo Patron of the Memorial of the applicants in October 4, 2002 (p.5) disputes the fact that the Decree of the Minister General - issued June 10, 1998 in order to ensure continuity after the termination of the Councils, at the end of their mandate - has decided to dissolve the National Council of the Secular Italian with the help of the Friars Minor and the dismissal of the Minister national. In fact, the contested decision of November 29, 2000 does not set any standards.
21.
- Nor can it be accepted by the appeal before the Supreme Court That the alleged inconsistency of the Constitutions by the higher law, the thing which the Pontifical Council for Legislative Texts has not felt for his part to establish anything, that has not as a reason why the matter can fall under its jurisdiction. It is not relevant, however, the Supreme Court to consider this thing, because the alleged inconsistency is in no way a singular administrative act, under Article 1 § .123, Const. Apost. Pastor bonus.
22.
not be necessary, finally, contrary to the dispute, the applicant, after a hearing of the same nor the consent of the Italian with the help of the Secular Order of Friars Minor because the deployment of the SFO can be sent running.
About concrete matters, then, is not defined by Rule and the Constitutions, is to be found appropriate harmony between interested parties, observed that there is to be observed according to the law and without prejudice to the obligation to achieve the unity required. ALL THESE THINGS CONSIDERED
23.
- The undersigned Fathers gathered in court, invoked the name of Jesus Christ, having before their eyes, only God, established to answer the question proposed, and therefore did respond:
Negatively, that is not against the law, as to the subject of the action confined to the obligation to work together to ensure the organic unity and structural in Italy is completed.
For expenditure is considered the deposit lodged with the Tribunal of the case of this. The shares pay a reasonable fee to their patron. The
commanded what sentence he was notified to all those who have to right to all legal effects.
Given in Rome, at the Supreme Tribunal of the Apostolic Signatura, June 28, 2003.
Signatures
Cardinal Mario Francesco Pompedda, prefect
D. Cardinal Simon Lourdusamy
Agostino Cardinal Julian Herranz
Cacciavillan
+ + + Francis Edward Davino
Cocccopalmerio
+ George Thomas Doran
+ Xavier Rodríguez Echeverría, West
February 4, 2004 - Come
notified
+ Velasio De Paolis, CS
Ep.tit.el.Thelepten., Secretary Vicente Carcel
Ortí
Moderator of the Chancellery
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