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Vatican City (Fides Service) - Twenty years ago, 24 January 1983,
the new Code of Canon Law was promulgated by Pope John Paul II.
Addressing participants at the commemorative Academic Day, on
January 24, 2003, the Holy Father said: "In these twenty
years one has been able to discern how much the Church needed
the new Code. Happily the voices opposing Church law have more
or less disappeared. However, it would be ingenuous not to admit
how much remains to be done in the present historical circumstances
to consolidate a true juridical-canonical culture and an ecclesial
practice that respects the intrinsic pastoral dimension of the
laws of the Church." In an interview with Fides Service,
Archbishop Julian Herranz, President of the Pontifical Council
for the Interpretation of Legislative Texts, underlined the importance
of the Code of Canon Law for the life of the Church and he highlights
ways in which lay Catholics may cooperate in the universal mission.
What importance did the promulgation of the new Code of Canon
law have for the life of the Church?
When the Pope promulgated the new Code he said it was the
fruit of a great effort to translate into canonical language the
teaching of the Second Vatican Council. In fact when Blessed John
XXIII announced the convocation of the Council, he said the Code
of Canon Law was to be the crowning of the Council. Today, twenty
years after its promulgation, the Code shows itself to be a valid
tool both for the government of the Church and to promote greater
participation of lay Catholics in the missionary activity of the
Church in keeping with their personal condition.
It is also thanks to the promulgation of the Code in 1983 and
the vigorous renewal of canonical science that we have overcome
post-Council opposition to Church law. It is to be hoped therefore
that more care will be taken to prepare priests with due knowledge
of the Law of the Church.
I would also stress that not only the new Code of the Latin Church
but indeed the entire Corpus Iuris Canonici, reflects fully both
in the basic principles and in the very formulation of the norms,
the proper nature of the People of God, the Mystical Body of Christ,
"communio spiritualits" of faith, hope and love and,
at the same time, visible body, society, with hierarchical organisms
(cfr Lumen gentium 8). It is precisely the inseparable nature
of these two realities - charismatic and institutional - that
guarantees Canon Law and Church Law its specific legality, identity
and finality.
One of the issues discussed by the Council was the participation
of laity in the Church's missionary activity. What novelty did
the new Code bring to this field? Did the Code meet fully the
Council's expectation and the Church's need to respond to challenges
posed by the third millennium?
The universal call to holiness and the apostolate, proclaimed
at chapter 5 of the Constitution Lumen gentium, was a fundamental
point of Vatican II and it acquired particular importance with
regard to the laity because it underlined that they too are called
to be holy and to spread the Gospel. It is then not surprising
that the Code of Canon Law introduced two new titles with no less
than 24 canons explaining clearly the rights and duties of all
the faithful as well as the specific rights and duties of the
laity.
This ample set of norms respects and safeguards their legitimate
freedom of action, corresponding to the personal responsibility
which they exercise because of their vocation to <seek the
Kingdom of God dealing with temporal things ordering them according
to God's will> (cfr Lumen gentium 31), in every day life and
activity, in the family, at work, in social and political commitments
etc. It is easy to see how the new Code of Canon Law can contribute
- if its norms are assimilated and applied - to meet the missionary
necessities of the Church faced with the challenges of the new
Millennium.
But besides this role proper to the laity in the evangelisation
of temporal realities, does the new Code open the way for participation
in other areas of Church life? Which could be the fields of action
for lay faithful within church structures?
The Code and other later universal norms opened new prospects
for the participation of the laity, also at the level of the collaboration
in the government of the Church (canon 129.2). They may assist
pastors as experts and counsellors, also in pastoral councils
(can 228, 2), but also with ecclesiastical offices (1) such as
for example: diocesan bursar (can 294) administrator (can. 1282)
judge of an ecclesiastical court (cann. 1421, 2 and 1428) , defender
of the bond and promoter of justice (can. 1434) and others. With
regard to the function of teaching, except for the homily reserved
to ordained minsiters, there are various possibilities for the
laity to put themselves at the service of the Word, not excluding
teaching Sacred Scriptures (cann 229, 3) also in Ecclesiastical
faculties. They may have numerous functions in parish life and
in mission stations, for example acolyte, reader, cantor, choir
master, catechist, leader of prayer meetings, assistance to the
poor and the sick and many other activities. In this regard it
suffices to think of the importance of the wonderful service of
catechists in mission territories in the work of handing on the
faith: in Africa there are more than 50,000 catechists.
There are then situations of special necessity, mainly due to
the scarcity of ordained ministers, in which, besides those duties
proper to their specific vocation, the laity may exercise certain
functions of a supplementary nature. On these occasions lay persons
may be appointed, for example, extraordinary ministers of Baptism
(can 861, 1) of Communion and Exposition - not Benediction - of
the Most Holy Sacrament (cann 910,2 and 943) delegates to assist
at weddings (can 1112), just as they can administer certain Sacramentals
(can. 1168).
Obviously the norms of the Canon take into account the essential
difference and not only in grade between the common and ministerial
priesthood. It is known in fact that only the sacrament of Holy
Orders attributes to the ordained minister a particular participation
on the office of Christ, Head and Shepherd, and in his Eternal
Priesthood. Therefore, "the various ministries, offices and
roles that the lay faithful can legitimately fulfil in the liturgy,
in the transmission of the faith, and in the pastoral structure
of the Church, ought to be exercised in conformity to their specific
lay vocation, which is different from that of the sacred minisity".
(Christifideles laici 23). Correct application of the canonical
norms can therefore help all the faithful, laity and pastors,
to live with fidelity their proper vocation of service in the
one mission of the Church.
Besides the laity's participation in the missionary activity
of the Church, what other missionary dimension are present in
the Code of Canon Law?
As we know the Code contains also norms on missions. We may
indicate first of all can. 781 - inspired by n. 35 of the Ad Gentes
decree of Vatican II - which refers to the obligation of all the
faithful, aware of their responsibility, to assume their share
of missionary activity; canon 782 obliges every bishop to have
special concern for the mission, particularly, fostering, promoting
and supporting missionary initiatives. Lastly canon 783 deals
also with the special missionary obligation of religious men and
women. Lastly missions need the help of other Churches - especially
by sending evangelisers - to announce Jesus Christ among peoples
who have yet to hear the Good News or where only fledgling Christian
communities exist. This is why the "missionary heart"
required of every Catholic, finds also its canonical expression.
Other details are specified, for example at Canon 791: the obligation
for dioceses to promote missionary vocations; to appoint a priest
to promote initiatives for the missions; to celebrate every year
Mission Sunday and make an annual offering for the missions, etc.
It is obvious that the missionary and the catechist, basic figures
of mission, and also the catechumenate, are regulated by Canon
Law. Moreover, since pastoral government in mission territories
is fulfilled under special circumstances, canonical norms provide
for a congruous adaptation to these circumstances, for example
the existence of a Missions Council in apostolic Vicariates and
Prefectures, (canons 495,2 and 502,4) which may be formed of only
three missionaries and which fulfils the functions of a Presbyterial
Council and College of Consultors in a diocese. MR (Fides Service
5/2/2003 EM lines 106 Words: 1,461)
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