In a new Apostolic Letter, issued motu proprio, Pope Francis has established new norms providing for the removal of Bishops (or those equivalent to them in Canon Law) from their offices in cases where they have through negligance, committed or omitted acts that have caused grave harm to others, either with regard to physical persons, or with regard to the community itself.
The Apostolic Letter was accompanied today by an explanatory note issued by the Director of the Holy See's Press Centre, Father Federico Lombardi, SJ.
The Apostolic Letter insists on the importance of vigilant care in the protection of minors and vulnerable adults, which requires a special diligence. Therefore, it specifies that negligence regarding cases of sexual abuse of minors or vulnerable adults is included among the grave causes that justify the removal from ecclesiastical offices, including Episcopal office.
It is a Law that establishes the procedure to be followed for the implementation of a Canon already present in the CIC and the CCEO (193§1 CIC, 975§1 CCEO). It is not a criminal procedure since it does not regard a crime committed, but rather cases of negligence on the part of bishops or religious Superiors.
The investigation in cases of negligence is to be carried out by the competent Congregations, of which there are four:
Disciplinary or similar Offices already exist within the Congregations.
Two points are noteworthy:
However, a new aspect is the constitution of a dedicated special College of legal experts, to assist the Holy Father before assuming a definitive decision. It is expected that this College will be constituted of Cardinals and Bishops.
Note: as this law regards procedure, it does not present issues as to whether application will be retroactive or otherwise, since the law providing for removal for office on the grounds of grave causes already exists. From now on the procedure for the application of Canon 193 §1 is that which has hereby been established.
Like a loving mother, the Church loves all her children, but cares for and protects with particular affection, those who are smallest and most defenceless: a task that Christ entrusted to the entire Christian community as a whole. Aware of this, the Church dedicates vigilant care to the protection of children and vulnerable adults.
This task of protection and care is the responsibility of the entire Church, but it must be exercised especially by her pastors. Therefore, diocesan Bishops, Eparchs and those who are responsible for particular Churches must employ particular diligence to protect those who are the weakest among the people entrusted to their care.
Canon Law already provides for the possibility of removal from ecclesiastical office for grave cause: this also concerns diocesan Bishops, Eparchs and those who are equivalent to them by law (cf Canon 193 §1 CIC; Canon 975 §1 CCEO). With the present Letter, I intend to point out that among those grave causes is included the negligence of Bishops in the exercise of their office, in particular if it relates to cases of sexual abuse of minors and vulnerable adults, provided for in the Motu Proprio Sacramentorum Sanctitatis Tutela promulgated by Saint John Paul II and amended by my beloved predecessor Benedict XVI. In such cases, the following procedure will be observed.
Article 1
§ 1. The diocesan Bishop or the Eparch, or he who, even on a temporary basis, has responsibility for a particular Church, or for another community of the faithful equivalent to it in accordance with Canon 368 of the Code of Canon Law, and Canon 313 of the Code of Eastern Canons, can be legitimately removed from office if he has, through negligence, carried out or omitted acts which have caused serious harm to others, whether it be pertaining to individuals or a community as a whole. The damage may be physical, moral, spiritual or pertaining to a patrimony.
§ 2 The diocesan Bishop or Eparch can be removed only if he has objectively been remiss in a very serious manner, the diligence that is required by his pastoral office, even without serious moral fault on his part.
§ 3 In cases of abuse of minors or of vulnerable adults, it is sufficient that the lack of diligence be grave.
§ 4 These norms pertain to diocesan Bishops and Eparchs as well as to Major Superiors of Religious Institutes and Societies of Apostolic Life of pontifical right.
Article 2
§ 1 In all cases where serious indications appear of the provisions contained in the preceding Article, the competent Congregation within the Roman Curia can begin an investigation of the matter, serving notice to the person and providing him with the possibility of producing documents and testimony.
§ 2 The Bishop will be provided with the possibility of defending himself, which he may do with the means provided by the law. Every step of the investigation will be communicated to him and he will always be given the possibility of meeting with the Superiors of the Congregation. Such meetings, if the Bishop does not take the initiative himself, will be proposed by the Dicastery itself.
§ 3 Following the presentation of arguments by the Bishop, the Congregation may decide to pursue further investigation.
Article 3
§ 1 Before making its decision, the Congregation may meet, as it deems appropriate, with other Bishops or Eparchs belonging to the Episcopal Conference or to the Synod of Bishops for the Church sui iuris, to which the Bishop or Eparch in question belongs, in order to discuss the case in question.
§ 2 The Congregation will make its decisions while meeting in ordinary session.
Article 4
Should it consider it appropriate to remove the Bishop, the Congregation will establish, according to the circumstances of the case, whether:
1° to give, in the shortest possible time, a decree of removal;
2° to fraternally ask the Bishop to present his resignation within 15 days. Should the Bishop not provide his response in the time required, the Congregation can publish a decree of removal.
Article 5
The decision of the Congregation pertaining to Articles 3 and 4 must be submitted for approval to the Roman Pontiff, who, before making a definitive decision, will be assisted by a special college of lawyers who are to be duly assigned.
All that I have determined with this Apostolic Letter, given Motu Proprio, I order to be observed in all its parts, notwithstanding anything to the contrary, even if worthy of special mention, and I decree that it be published in the official commentary Apostolicae Sedis and promulgated in L'Osservatore Romano entering into effect on 5 September 2016.
From the Vatican
4 June 2016
Francesco
The Apostolic Letter was accompanied today by an explanatory note issued by the Director of the Holy See's Press Centre, Father Federico Lombardi, SJ.
Explanatory note issued by Father Federico Lombardi, SJ
relating to the Apostolic Letter - Come una madre amorevole
It is a Law that establishes the procedure to be followed for the implementation of a Canon already present in the CIC and the CCEO (193§1 CIC, 975§1 CCEO). It is not a criminal procedure since it does not regard a crime committed, but rather cases of negligence on the part of bishops or religious Superiors.
The investigation in cases of negligence is to be carried out by the competent Congregations, of which there are four:
- Bishops
- The Evangelization of Peoples
- Oriental Churches
- Institutes of Consecrated Life and Societies of Apostolic Life
Disciplinary or similar Offices already exist within the Congregations.
Two points are noteworthy:
- Diligence may be lacking even without grave moral culpability on the part of the Bishop (Art. 1§2).
- For removal from office, in the case of abuse of minors, it is sufficient for the lack of diligence to be grave (Art.1§3), while in other cases a “very grave” lack of diligence must be demonstrated (Art.1§2).
However, a new aspect is the constitution of a dedicated special College of legal experts, to assist the Holy Father before assuming a definitive decision. It is expected that this College will be constituted of Cardinals and Bishops.
Note: as this law regards procedure, it does not present issues as to whether application will be retroactive or otherwise, since the law providing for removal for office on the grounds of grave causes already exists. From now on the procedure for the application of Canon 193 §1 is that which has hereby been established.
Apostolic Letter of the Holy Father, Pope Francis
issued Motu Proprio
providing for the removal of Bishops
Like a loving mother
Like a loving mother, the Church loves all her children, but cares for and protects with particular affection, those who are smallest and most defenceless: a task that Christ entrusted to the entire Christian community as a whole. Aware of this, the Church dedicates vigilant care to the protection of children and vulnerable adults.
This task of protection and care is the responsibility of the entire Church, but it must be exercised especially by her pastors. Therefore, diocesan Bishops, Eparchs and those who are responsible for particular Churches must employ particular diligence to protect those who are the weakest among the people entrusted to their care.
Canon Law already provides for the possibility of removal from ecclesiastical office for grave cause: this also concerns diocesan Bishops, Eparchs and those who are equivalent to them by law (cf Canon 193 §1 CIC; Canon 975 §1 CCEO). With the present Letter, I intend to point out that among those grave causes is included the negligence of Bishops in the exercise of their office, in particular if it relates to cases of sexual abuse of minors and vulnerable adults, provided for in the Motu Proprio Sacramentorum Sanctitatis Tutela promulgated by Saint John Paul II and amended by my beloved predecessor Benedict XVI. In such cases, the following procedure will be observed.
Article 1
§ 1. The diocesan Bishop or the Eparch, or he who, even on a temporary basis, has responsibility for a particular Church, or for another community of the faithful equivalent to it in accordance with Canon 368 of the Code of Canon Law, and Canon 313 of the Code of Eastern Canons, can be legitimately removed from office if he has, through negligence, carried out or omitted acts which have caused serious harm to others, whether it be pertaining to individuals or a community as a whole. The damage may be physical, moral, spiritual or pertaining to a patrimony.
§ 2 The diocesan Bishop or Eparch can be removed only if he has objectively been remiss in a very serious manner, the diligence that is required by his pastoral office, even without serious moral fault on his part.
§ 3 In cases of abuse of minors or of vulnerable adults, it is sufficient that the lack of diligence be grave.
§ 4 These norms pertain to diocesan Bishops and Eparchs as well as to Major Superiors of Religious Institutes and Societies of Apostolic Life of pontifical right.
Article 2
§ 1 In all cases where serious indications appear of the provisions contained in the preceding Article, the competent Congregation within the Roman Curia can begin an investigation of the matter, serving notice to the person and providing him with the possibility of producing documents and testimony.
§ 2 The Bishop will be provided with the possibility of defending himself, which he may do with the means provided by the law. Every step of the investigation will be communicated to him and he will always be given the possibility of meeting with the Superiors of the Congregation. Such meetings, if the Bishop does not take the initiative himself, will be proposed by the Dicastery itself.
§ 3 Following the presentation of arguments by the Bishop, the Congregation may decide to pursue further investigation.
Article 3
§ 1 Before making its decision, the Congregation may meet, as it deems appropriate, with other Bishops or Eparchs belonging to the Episcopal Conference or to the Synod of Bishops for the Church sui iuris, to which the Bishop or Eparch in question belongs, in order to discuss the case in question.
§ 2 The Congregation will make its decisions while meeting in ordinary session.
Article 4
Should it consider it appropriate to remove the Bishop, the Congregation will establish, according to the circumstances of the case, whether:
1° to give, in the shortest possible time, a decree of removal;
2° to fraternally ask the Bishop to present his resignation within 15 days. Should the Bishop not provide his response in the time required, the Congregation can publish a decree of removal.
Article 5
The decision of the Congregation pertaining to Articles 3 and 4 must be submitted for approval to the Roman Pontiff, who, before making a definitive decision, will be assisted by a special college of lawyers who are to be duly assigned.
All that I have determined with this Apostolic Letter, given Motu Proprio, I order to be observed in all its parts, notwithstanding anything to the contrary, even if worthy of special mention, and I decree that it be published in the official commentary Apostolicae Sedis and promulgated in L'Osservatore Romano entering into effect on 5 September 2016.
From the Vatican
4 June 2016
Francesco
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