Authentic interpretation
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An authentic interpretation is an official interpretation of Catholic canon law given by the Pontifical Council for the Interpretation of Legislative Texts. Authentic interpretations are governed by canon 16 of the 1983 Code of Canon Law (see also CCEO c. 1498):
Can. 16 §1. The legislator authentically interprets laws as does the one to whom the same legislator has entrusted the power of authentically interpreting.
§2. An authentic interpretation put forth in the form of law has the same force as the law itself and must be promulgated. If it only declares the words of the law which are certain in themselves, it is retroactive; if it restricts or extends the law, or if it explains a doubtful law, it is not retroactive.
§3. An interpretation in the form of a judicial sentence or of an administrative act in a particular matter, however, does not have the force of law and only binds the persons for whom and affects the matters for which it was given.
Contents |
[edit] Table of authentic interpretations
| Canon(s) | Publication | Summary |
|---|---|---|
| Can. 87, §1 | AAS, v. 77 (1985), p. 771 | Diocesan bishop cannot dispense from canonical form for the marriage of two Catholics. |
| Can. 119, 1º | AAS, v. 82 (1990), p. 845 | Relative majority suffices on the third scrutiny. |
| Can. 127, §1 | AAS, v. 77 (1985), p. 771 | Superior does not have the right of voting. |
| Can. 230, §2 | AAS, v. 86 (1994), p. 541-542 | Both lay men and women can serve at the altar. |
| Cann. 346, §1 and 402, §1 | AAS, v. 83 (1991), p. 1093 | Bishops emeriti may be elected to the Synod of Bishops. |
| Cann. 434 and 452 | AAS, v. 81 (1989), p. 388 | Auxiliary bishops cannot fill office of president of an episcopal conference. |
| Can. 455, §1 (also cann. 31-33) | AAS, v. 77 (1985), p. 771 | "General decrees" includes general executory decrees. |
| Can. 502, §1 | AAS, v. 76 (1984), p. 746-747 | Consultor continues in office even when no longer a member of presbyteral council.
Consultors need not be replaced unless the minimum required number is lacking. |
| Can. 509, §1 | AAS, v. 81 (1989), p. 991 | It is not required to select the president of a chapter of canons by election. |
| Can. 684, §3 | AAS, v. 79 (1987), p. 1249 | "Religious" includes religious in temporary vows. |
| Can. 700 | AAS, v. 78 (1986), p. 1323-1324 | Religious to be notified of dismissal after confirmation by Holy See.
Congregation for Religious and Secular Institutes to receive suspensive recourse against dismissal. |
| Cann. 705-707 | AAS, v. 78 (1986), p. 1323-1324 | A religious bishop does not enjoy active and passive voice in his own institute. |
| Cann. 705-707 | AAS, v. 80 (1988), p. 1818-1819 | Religious appointed judges of the Roman Rota are not exempt from the religious Ordinary. |
| Can. 767, §1 | AAS, v. 79 (1987), p. 1249 | Diocesan bishop cannot dispense from the prescription that the homily is reserved to priests or deacons. |
| Can. 830, §3 | AAS, v. 79 (1987), p. 1249 | Imprimaturs must indicate the name of the Ordinary giving his permission, and where and when the permission was given. |
| Can. 910, §2 (also can. 230, §3) | AAS, v. 80 (1988), p. 1373 | Extraordinary Ministers of Holy Communion cannot exercise their function when ordinary ministers (who are not impeded from distributing the Eucharist) are present in the church, even though not celebrating the Mass. |
| Can. 917 | AAS, v. 76 (1984), p. 746-747 | A person may receive Holy Communion on the same day only twice, outside of the danger of death. |
| Can. 951, §1 | AAS, v. 79 (1987), p. 1132 | Mass offerings for multiple celebrations on the same day are to be sent to the proper Ordinary of the celebrant. |
| Can. 964, §2 | AAS, v. 90 (1998), p. 711[1] | A priest may choose to hear confession in a confessional with a fixed grille. |
| Can. 1103 | AAS, v. 79 (1987), p. 1132 | Force and fear invalidate the matrimonial consent of non-Catholics as well. |
| Can. 1263 | AAS, v. 81 (1989), p. 991 | External schools of religious institutes of pontifical right are not subject to taxation by diocesan bishop. |
| Can. 1367[2] | AAS, v. 91 (1999), p. 918 | "Desecration" includes any voluntary and gravely comptemptuous action towards the Eucharistic species. |
| Can. 1398 | AAS, v. 80 (1988), p. 1818-1819 | "Abortion" includes the killing of a fetus in any way whatsoever, at any time from the moment of conception onwards. |
| Cann. 1522 and 1525 | AAS, v. 78 (1986), p. 1324 | Can reintroduce a case in another tribunal after instance is finished through peremption or renunciation. |
| Can. 1673, 3º | AAS, v. 78 (1986), p. 1323-1324 | The judicial vicar of the interdiocesan tribunal of the respondent cannot give the consent required for hearing a nullity case in the diocese of the plaintiff. |
| Can. 1686 (also cann. 1066-1067) | AAS, v. 76 (1984), p. 746-747 | The pre-nuptial investigation suffices to determine the invalidity of a prior marriage due to lack of canonical form; a declaration of nullity via the documentary process is not required. |
| Can. 1737 (also can. 299, §3) | AAS, v. 80 (1988), p. 1818 | A non-juridical group with a grievance must take hierarchical recourse as individuals. |
[edit] Footnotes
[edit] References
- New Commentary on the Code of Canon Law, ed. by John P. Beal, James A. Coriden, and Thomas J. Green, Paulist Press, 2000. ISBN 0809105020 (hardback). ISBN 0809140667 (paperback, 2002).
- Code of Canon Law Annotated, second English edition, ed. by Ernest Caparros, Michel Thériault, and Jean Thorn, 2004. ISBN 2-89127-629-9 (Wilson & Lafleur). ISBN 1-890177-44-X (Midwest Theological Forum).
- Authentic Interpretations on the 1983 Code, by Lawrence G. Wrenn, Canon Law Society of America, 1993. ISBN 0-943616-61-1.
[edit] External links
- 1983 Code of Canon Law for the Latin Rite (CIC)
- 1990 Code of Canon Law for the Eastern Rites (CCEO)
- Apostolic Constitution Pastor Bonus, June 28, 1988, by Pope John Paul II
- Interpretationes Authenticae, Latin text of authentic interpretations through 1998, on Vatican website
- English translation of authentic interpretations, from a 2000 canon law course at the Pontifical College Josephinum in Columbus, Ohio
