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[Roman Catholic] Congregation for the Doctrine of the Faith
Regulations for Doctrinal Examination
Article 1
The Congregation for the Doctrine of the Faith has the function of
promoting and safeguarding doctrine on faith and morals throughout the
Catholic world [1].
In accomplishing this purpose, it renders a service to the truth, by
protecting the right of the People of God to receive the Gospel message in
its purity and entirety. Therefore, in order that faith and morals not be
harmed by errors however disseminated, it also has the duty of examining
writings and opinions which appear contrary to correct faith or dangerous [2].
Article 2
This fundamental pastoral responsibility concerns all the pastors of
the Church, who have the duty and the right to exercise vigilance, whether
individually or gathered in particular Councils or Episcopal Conferences,
in order that the faith and morals of the members of the faithful
entrusted to their care not suffer harm [3]. To this
end, they can also be served by Doctrinal Commissions, institutionalized
consultative bodies which assist Episcopal Conferences and individual
Bishops in their solicitude for the doctrine of the faith [4].
The principle remains, however, that the Holy See can always intervene
and, as a rule, does so when the influence of a publication exceeds the
boundaries of an individual Episcopal Conference, or when the danger to
the faith is particularly grave [5]. In such cases,
the Congregation for the Doctrine of the Faith uses the following
procedures:
I Preliminary examination
Article 3
The indicated writings or teachings, in whatever way they are
disseminated, are given attention by the competent Office, which submits
them to the examination of the Congresso [the weekly meeting of the
Superiors and Officials of the Congregation]. After a preliminary
evaluation of the gravity of the question, the Congresso decides
whether or not to undertake a study by the Office.
II Office study
Article 4
Once the authenticity of the writing has been verified, it is
carefully examined with the collaboration of one or more Consultors
or other experts in the particular area [6].
Article 5
The outcome of this examination is then presented to the Congresso,
which decides whether this is sufficient for an intervention with the
local authorities, or whether the examination needs to proceed further by
one of two established procedures: ordinary examination or examination in
cases of urgency [7].
Article 6
The criteria for this decision are the potential errors which have
been noted, taking into consideration their prominence, seriousness,
dissemination, influence and the danger of harm to the faithful.
Article 7
Should the Congresso judge that the study undertaken was
sufficient, it can entrust the case directly to the author's Ordinary
[local bishop] [8] and, through him, bring the
doctrinal problems presented in the text to the author's attention. In
such a case, the Ordinary is invited to deepen the study of the question
and ask the author to provide the needed clarifications for submission to
the judgment of the Congregation.
III Ordinary procedure of examination
Article 8
An ordinary examination is used when a writing appears to contain
grave doctrinal error, the identification of which requires attentive
discernment, and the possible negative influence on the faithful does not
seem to involve particular urgency. The examination is structured in two
phases: an internal phase of preliminary investigation undertaken within
the Congregation [9] and an external phase involving
the presentation of objections to the author and subsequent dialogue [10].
Article 9
The Congresso designates two or more experts who examine the text
in question, give their opinions, and evaluate whether it is in conformity
with the doctrine of the Church.
Article 10
The same Congresso appoints a relator pro auctore, who
has the task of illustrating, in a spirit of truth, the positive aspects
of the teaching and the merits of the author, of co-operating in the
authentic interpretation of his thought within the overall theological
context, and of expressing a judgment regarding the influence of the
author's opinions. For this purpose, the relator pro auctore has the right
to examine all the acts relative to the case.
Article 11
The Office Report, which contains all the information relevant to the
examination of the case (including the antecedent elements), the opinions
of the experts and the presentation of the relator pro auctore, is
distributed to those who will take part in the Consulta.
Article 12
The experts who had submitted opinions on the text can also be invited
to participate in the Consulta in addition to the Consultors
themselves, the relator pro auctore and the author's Ordinary (who cannot
be substituted by another and is bound to secrecy) [11]. The
discussion begins with an exposition by the relator pro auctore,
who makes a comprehensive presentation of the case. After him, the
author's Ordinary, the experts, and the Consultors each express
their own opinion, orally and in writing, on the content of the text under
examination. The relator pro auctore and the experts may respond to the
observations and offer clarifications.
Article 13
When the discussion has finished, the Consultors alone remain in the
room for the general vote on the outcome of the examination, aimed at
determining whether doctrinal errors or dangerous opinions have been found
in the text, and specifically identifying these in light of the different
categories of truth-propositions found in the Professio fidei [12].
Article 14
The entire file, including the minutes of the discussion, the general
vote and the opinions of the Consultors, is submitted to the
examination of the Sessione Ordinaria of the Congregation, which
decides whether to present objections to the author, and if so, on which
points.
Article 15
The decisions of the Ordinary Session are submitted to the
consideration of the Supreme Pontiff [13].
Article 16
If, in the prior phase, it was decided to proceed to a presentation of
objections, the author's Ordinary or other concerned Ordinaries, as well
as the competent Dicasteries of the Holy See, are informed.
Article 17
The list of erroneous or dangerous propositions at issue, together
with an explanatory argumentation and the documentation (reticito
nomine) necessary for the defence, are communicated through the
Ordinary to the author and his advisor, whom the author has the right to
nominate, with the approval of his Ordinary, to assist him. The author
must present a written response within three canonical months. It is
appropriate that, together with the author's written response, the
Ordinary also forward his own opinion to the Congregation.
Article 18
The possibility is also foreseen of a personal meeting between the
author, assisted by his advisor (who takes an active part in the
discussion) and delegates of the Congregation. In this eventuality, the
Congregation's delegates, who are appointed by the Congresso, are
to keep minutes of the meeting, the text of which is to be signed by them,
by the author and by his advisor.
Article 19
Should the author not send the written response, as is always
requested, the Sessione Ordinaria of the Congregation takes the
appropriate decisions.
Article 20
The Congresso examines the written response of the author as well
as the minutes of any meeting that has taken place. If this examination
reveals truly new doctrinal elements requiring further evaluation, it is
then decided whether the question should again be presented to the Consulta,
which may be expanded to include additional experts, among these the
author's advisor, appointed in accordance with Article 17. Otherwise, the
written response of the author and the minutes of any meeting are
submitted directly to the judgment of the Ordinary Session.
Article 21
If the Sessione Ordinaria decides that the question has been
resolved positively and that the response is sufficient, the process does
not go further. Should this not be the case, adequate measures are then
taken, also for the good of the faithful. Moreover, the Sessione
Ordinaria decides whether and in what way the results of the
examination are to be made public.
Article 22
The decisions of the Sessione Ordinaria are submitted for the
approval of the Supreme Pontiff and then communicated to the author's
Ordinary, to the Episcopal Conference and to concerned Dicasteries.
IV Examination in cases of urgency
Article 23
An urgent examination is employed when the writing is clearly and
certainly erroneous and, at the same time, its dissemination could cause
or already has caused grave harm to the faithful. In this case, the
Ordinary or the concerned Ordinaries are immediately informed together
with the competent Dicasteries of the Holy See.
Article 24
The Congresso appoints a Commission which is especially
entrusted with promptly determining the erroneous or dangerous
propositions.
Article 25
The propositions identified by the Commission, together with the
relative documentation, are submitted to the Sessione Ordinaria,
which will give priority to the examination of the question.
Article 26
If the Sessione Ordinaria judges that the above-mentioned
propositions are in fact erroneous and dangerous, after the approval of
the Holy Father, they are transmitted to the author, through his Ordinary,
with the request that they be corrected within two canonical months.
Article 27
If the Ordinary, having heard the author, believes it is necessary to
ask him also for a written explanation, this text must be forwarded to the
Congregation together with the opinion of the Ordinary. Such an
explanation is then presented to the Sessione Ordinaria for the
appropriate decisions.
V Disciplinary measures
Article 28
If the author has not corrected the indicated errors in a satisfactory
way and with adequate publicity, and the Sessione Ordinaria has
concluded that he has committed the offence of heresy, apostasy or schism [14],
the Congregation proceeds to declare the latae sententiae penalties
incurred [15]; against such a declaration no
recourse is admitted.
Article 29
If the Sessione Ordinaria ascertains the existence of doctrinal errors
which do not involve latae sententiae penalties [16],
the Congregation proceeds according to the norm of law, whether universal [17]
or proper to the Congregation [18].
The Sovereign Pontiff John Paul II, at the Audience granted to the
undersigned Cardinal Prefect on May 30, 1997, confirmed these Regulations,
adopted in the Sessione Ordinaria of this Congregation, approving
at the same time in forma specifica articles 28-29, contrariis
quibuslibet non ostantibus, and ordered their publication.
Rome, from the Offices of the Congregation for the Doctrine of the
Faith, June 29, 1997, the Solemnity of the Blessed Apostles Peter and
Paul.
+ Joseph Card. Ratzinger
Prefect
+ Tarcisio Bertone, S.D.B.
Archbishop Emeritus of Vercelli
Secretary
__________________________________________________________
[1] Cf. Ap. Const. Pastor bonus, art. 48: AAS 80 (1988) 873.
[2] Cf. Ibid., art 51, 2° and Regolamento proprio della Congregazione per
la Dottrina della Fede, art. 4b.
[3] Cf. CIC, can. 823 §§ 1-2; CCEO, can. 652 § 2.
[4] Cf. CONGREGATION FOR THE DOCTRINE OF THE FAITH, Letter on Doctrinal
commissionis, November 23, 1990, n. 3.
[5] Cf. Ap. Const. Pastor bonus, art. 48: AAS 80 (1988) 873.
[6] Cf. Regolamento proprio della Congregazione per la Dottrina della Fede,
art. 74.
[7] Cf. Ibid., art. 66 § 2.
[8] Cf. CIC, cann. 134 §§ 1 and 2; 295 § 1; CCEO, can. 984 §§ 1-3.
[9] Cf. nn. 8-15.
[10] Cf. nn. 16-22.
[11] Cf. Ap. Const. Pastor bonus, art. 12: AAS 80 (1988) 855.
[12] Cf. AAS 81 (1989) 104ff.
[13] Cf. Regolamento proprio della Congregazione per la Dottrina della
Fede, art. 16 § 2 and art. 77.
[14] Cf. CIC, can. 751.
[15] Cf. CIC, can. 1364 § 1; CCEO, cann. 1436 § 1 and 1437.
[16] Cf. CIC, can, 752; CCEO, can. 599.
[17] Cf. CIC, can. 1371 n. 1; CCEO, can. 1436 § 2.
[18] Cf. Ap. Const. Pastor bonus, art. 52: AAS 80 (1988) 874.
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