Kanoniczny wymóg konsultacji ze Stolicą Apostolską przed erygowaniem instytutu życia konsekrowanego

Abstract

In 1906 Pope Pius X, in his motu proprio Dei providentis, imposed on bishops wishing to erect a new institute of consecrated life in their territory to consult the Holy See on this matter. This requirement was mentioned in many ecclesiastical documents including the 1983 Code of Canon Law. It was also confirmed in can. 579. Following promulgation of the Code, there aroused doubts as to the legal nature of those consultations. Therefore, bearing in mind the good of the Church and the timeliness of the problem, the ongoing dispute as to whether the necessary consultations are required ad validitatem or ad liceitatem was finally established by the Pope Francis in 2016, who decided that the lack of consultations will make the act establishing the new institute of consecrated life invalid.