Folia Canonica 4. (2001)

STUDIES - John D. Faris: A Canonical Examination of the Acquisition, Consequences and Loss of Membership in a Church - A Catholic Perspective

MEMBERSHIP IN A CHURCH

139

These particular churches both Eastern and Western, while they differ somewhat among themselves in what is called “rite,” namely in liturgy, in ecclesiastical discipline and in spiritual tradition, are none the less all equally entrusted to the pastoral guidance of the Roman Pontiff, who by God’s appointment is successor to Blessed Peter in primacy over the Universal Church. Therefore these churches are of equal rank, so that none of them is superior to the others because of its rite. They have the same rights and obligations, even with regard to the preaching of the Gospel in the whole world (cf. Mk. 16:15), under the direction of the Roman Pontiff."

These 22 churches are categorized under two general headings of Western or Eastern, a reference to the historical origins of these churches in the Roman Empire. One of the churches, the Latin Church, falls under the category of Western; the other 21 churches fall under the broad category of Eastern. It should be noted that the Council designates both the Eastern and Western churches as particular churches, thereby equating the Eastern Catholic Churches to the Latin Church with regard to rank, rights and obligations.

Church sui iuris

Consequent to the initial conciliar insights into the communio structure of the Church, it was left to the subsequent legislative undertakings to articulate a nomenclature for and canonical definition of the particular churches and appropriate interecclesial norms.11 12

The Latin Church is regulated by the 1983 Code of Canon Law (CIC) while the Eastern Catholic Churches are governed by the 1990 Code of Canons of the Eastern Churches (CCEO), both promulgated over the signature of Pope John Paul II in his capacity as Supreme Pastor of the Church. The two legislative texts provide the common law13 for the 22 Catholic Churches of East and West.14

diocese (see n. 11). However, Orientalium Ecclesiarum employs the term “particular church” to designate broader ecclesial groupings such as the patriarchal churches (n. 2). The CIC employs the term to designate a diocese (c. 369) with the CCEO following the same usage (c. 177 §1). The term “church sui iuris” is employed in the CCEO to refer to the canonical status of the patriarchal, major archiépiscopal, metropolitan and other churches (CCEO c. 27).

11 Orientalium Ecclesiarum, n. 3

12 For further information on this subject, see G. Nedungatt, Ecclesia Universalis, Particularis, Singularis in Nuntia 2 (1976) 75-87 and Equal Rights of the Churches in the Catholic Communion in The Jurist 49 (1989) 1-22; J. D. Faris, Eastern Catholic Churches: Constitution and Governance, New York 1992 142-143.

13 See CCEO c. 1493 §1.

14 Inasmuch as this Congress primarily addresses issues touching the lives of the Eastern Churches, primary consideration will be given to the CCEO', reference will be made to the