From Diocesan to Pontifical Right - What does it all mean?
Institutes of consecrated life are subject to the supreme authority in the Church especially in virtue of their nature and purpose of striving for sanctity of life and their dedication to the apostolate of the universal Church. The Church has always legislated for religious institutes as far back as the council of Chalcedon in 451. Pope Leo XIII issued a document in 1900 in Conditae a Christo recognizing Congregations of simple vows as belonging to the religious state. In the same document he made a distinction between Diocesan and Pontifical Institutes, thus laying the foundation for the current development of law and practice in this matter.
Canon 589 of the 1983 Code of Canon law provides that an Institute of Consecrated life is of Pontifical right if it has been established by the Apostolic See, or approved by it by means of a formal decree.An Institute is of diocesan right if it has been established by the diocesan bishop and has not obtained a decree
of approval from the Apostolic See. In recent years it is more common for religious communities to begin as an
institute of diocesan right, except in rare situations where the Apostolic See directly erects one or in the case of
exempt religious orders. In the past, the thinking was that all institutes of diocesan right would eventually become
pontifical if they continue to grow. This has not been the situation in practice as some Congregations have chosen
to remain diocesan even though they have grown in number and stability. This is a right which every religious
institute enjoys. But when there is a change over from diocesan to pontifical, the entire Congregation should be
consulted before beginning the process, because that which affects all as individuals must be approved by
all (cfr. c. 119).
In brief, the process involved in the change of status of an institute is as follows: The institute wishing to obtainthe status of Pontifical Right submits a petition, with the required documentation, to the Congregation for
Institutes of Consecrated life and Societies of Apostolic Life, which is responsible for directing and promoting
Institutes of Consecrated life and Societies of Apostolic Life on behalf of the Supreme Pontiff and by his authority.
After hearing the testimonial of the bishop of the principal house of the institute and other bishops of the dioceses
where the religious institute is present, and if it is satisfied, the Congregation presents the application to the Holy
Father who approves the decree of recognition as an institute of Pontifical right. With this recognition, the
religious institutes of pontifical right becomes directly and exclusively subject to the authority of the Apostolic
See with respect to its internal governance and discipline, without prejudice to the prescript of canon 586
(cfr. c. 593).
This means that the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life has direct andexclusive supervisory role over religious institute of Pontifical right - to approve its constitutions, and any changes
made subsequently in them, to review reports of the institute as stipulated, to consent in certain cases for acts of
extraordinary financial administration, to confirm any decrees of dismissal and to carry out acts above the
leadership of the institute. (This is not an exhaustive list, but a few concrete examples of the Congregation’s
supervisory role.) The Congregation for Institutes of Consecrated life and Societies of Apostolic Life has the same
relationship with Religious institute of Pontifical right which a religious of diocesan right has with the bishop of
its principal house. For instance, the bishop of the principal house approves the constitutions, presides over the
election of the Superior General, gives consent for certain financial transactions, confirms the decrees of dismissal
of members, and carries out other acts which the major superior of the institute cannot perform (
cfr. cc. 594, 595 §1, 625 §2, 678-683, 700, etc). However, we should note that canon 594 speaks of institute
of diocesan right being under the special care of the diocesan bishop, but there is no corresponding norm
stating the same thing with respect to institutes of pontifical right. page 1 |2
