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
140 JOHN D. FARIS The post-conciliar codes designated the particular churches as churches sui iuris, literally, churches of their own right or, perhaps more conveniently, self-governing churches.'5 Such terminology accentuates the ability of the hierarchies of these churches to govern their respective churches in all matters except those reserved to the Supreme Authority of the Church (i.e., Roman Pontiff or ecumenical council).15 16 According to the degree of autonomy, the Eastern Catholic Churches17 are categorized as follows: The patriarchal churches (Armenian, Chaldean, Coptic, Greek-Melkite, Maronite, Syrian) enjoy the highest degree of autonomy, including the power to elect their own bishops (within the territory of their patriarchal churches) and their own patriarchs. The governance of these churches is articulated in CCEO cc. 55-150. Comparable to the patriarchal churches are the major archiépiscopal churches (Ukrainian and Malabar), canonically equated with the patriarchal churches (cf. CCEO cc. 151-154) with the exception that the election of the major archbishop must be confirmed by the Roman Pontiff. The hierarchy of the metropolitan churches (Ethiopian, Malankar, Romanian and Ruthenian) is further restricted in their self-governing authority (see CCEO cc. 155-173). For example, three candidates for the office of metropolitan are proposed by the council of hierarchs to the Roman Pontiff, who makes the appointment (CCEO c. 168). Further, legislation of the council of hierarchs cannot be promulgated without official reception on the part of the Apostolic See (CCEO c. 167 §2). There is a fourth category, vaguely designated as other churches, that includes all those churches which, because of a variety of circumstances, have a limited degree of self-governing authority (CCEO c. 174-176). This category include the Albanian, Belorussian, Bulgarian, Greek, Hungarian, Krizevci, Italo-Albanian, Romanian, Russian, and Slovak churches. With regard to interecclesial relations, it was left primarily to the Code of Canons of the Eastern Churches to formulate detailed legislation with regard to the acquisition of membership in a Church sui iuris and the transfer from one C1C whenever appropriate. 15 CCEO c. 27 - A community of the Christian faithful which is joined together by a hierarchy according to the norm of law and which is expressly or tacitly recognized as sui iuris by the supreme authority of the Church, is called in this Code a Church sui iuris. See also CIC c. 111-112 for slight variations of this usage. 16 The autonomy pertaining to the Eastern Churches was not granted by the Roman See, but belongs to them since Apostolic times. See John Paul II, Euntes in mundum, 25 January 1988, AAS 80 (1988) 950. 17 For an overview of the history and current status of the Oriental Orthodox, Orthodox, and Eastern Catholic Churches, see R. Roberson, The Eastern Christian Churches, Rome, 61999. An updated version of the book can be found at www.CNEWA.org.
