Understanding the Ius Vigens of the mandatory dismissal process

• Autores: John Chrysostom Kozlowski
• Localización: The jurist: studies in church law and ministry, ISSN 0022-6858, Vol. 75, Nº. 2, 2015, págs. 387-427
• Idioma: inglés
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• Resumen

  • The Code of Canon Law contains two categories for dismissing religious from an institute: ipso facto dismissal (c. 694) and ab homine dismissal, the latter being sub-divided into the mandatory dismissal process (c. 695) and the facultative dismissal process (c. 696). Our specific focus is the mandatory dismissal process as it applies to religious institutes. Regrettably, a member of a religious institute could commit one of the offenses specified in canon 695 §1. The Supreme Legislator has determined that these offenses are so inconsistent with the members consecrated status that, if the process determines that the member is guilty, dismissal is required. This study, then, will provide a careful step-by-step analysis of how to instruct properly the mandatory dismissal process in accord with the legal norms found in the code and elsewhere.