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VATICAN - CODE OF CANON LAW; NECESSARY TOOL FOR LIFE OF THE CHURCH IN THE LIGHT OF THE COUNCIL AND FOR THE PROMOTION OF ACTIVE PARTICIPATION OF THE LAITY IN THE CHURCH'S MISSIONARY ACTIVITY: INTERVIEW WITH ARCHBISHOP HERRANZ, PRESIDENT OF THE PONTIFICAL COUNCIL FOR THE INTERPRETATION OF LEGISLATIVE TEXTS

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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