Folia Theologica et Canonica 2. 24/16 (2013)
IUS CANONICUM - Szabolcs Anzelm Szuromi, O.Praem., Gradual Promotion asa Specific Form of Provision of Ecclesiastical Office
GRADUAL PROMOTION AS A SPECIFIC FORM OF PROVISION... 259 containing limitation the exercise of rights - also acquired rights - must be interpreted narrowly not broadly; on the other side the question may be posed, whether gradualis promotio may be conceived as a special form of optio. However, the answer to this question excluding any doubt is negative, because optio refers right to the fact, that to a provision of office in this form it is necessary that the one who submits an option may freely initiate it for acquiring the vacant capitular prebend. Right opposite of this the attribute of gradualis promotio is that those who, according to the official order of rank, possess such an office which is hierarchically under the vacant capitular office, move forward a rank automatically. From this procedure therefore is missing the free initiation of an aspirant to an office, which initiation is essential to optio. In the light of these CIC (1917) Can. 396 § 2 cannot be interpreted as if it had abrogated in explicit form, and with similar conditions to optio, the institution of gradualis promotio in the provision of the respective offices of the chapters. The Sacra Congregano Concila gave an official interpretation also to another question, which was defined in CIC (1917) as the conditions for the endurance of optio, that is, if it were already part of the “lex fundationis”, then optio continues to remain a permitted and valid form of provisions of capitular dignities. The interpretation on 9 June 1923 clearly determines, that here the legislator does not speak about a statute ( constitutio), but of an original - either from the early or high Middle Ages - founding charter taken in it narrow sense.S2 Then wherever optio is present in the original founding charter as possible form of provision of offices, and because this question is not touched upon by the new Code of Canon Law - right because of its narrowing of the functions of chapters - optio continues to be permitted after CIC (1917). In our opinion gradualis promotio was not affected at all by either codification of canon law, therefore it may be used rightfully by those chapters in whose rules or living legal custom this continues to be present. Conclusion All of what was said above demonstrates well the categories and the historical background of the provisions of ecclesiastical offices, with particular regard to the capitular dignities and scope of duties. Gradualis promotio has a special place among these, which - although it does not appear among the categories of provision of offices in the CIC in effect - yet it is an existing practice within some respective chapters up to this day. We note that gradualis promotio, whose ancient institution appears rarely even in canonical system, is not entireS2 AAS 16(1923)432.
