QL 95 (2014) 128-147 doi: 10.2143/QL.95.1.3030649 © 2014, all rights reserved STRUCTURES FOR LITURGICAL REFORM AND THE CODE OF CANONS OF THE EASTERN CHURCHES Introduction On 18 October 1990, Blessed Pope John Paul II promulgated the first complete common law for the Eastern Catholic Churches.1 Seven days later, the Roman Pontiff presented the Codex Canonum Ecclesiarum Orientalium2 to the eighth ordinary general assembly of the Synod of Bishops.3 In concluding the presentation of the Code to the synodal fathers, the pope made some remarks concerning the Orthodox Churches. He asserted that “the new Code ... was conceived and framed according to the principles of true ecumenism, above all, with the great respect that the Catholic Church has for them as ‘Sister Churches’ already in ‘almost full communion with the Church of Rome’,” and went on to assert, “There is no norm in the Code that does not promote the path of unity among all 4 Christians.” 1. John Paul II, apostolic constitution Sacri canones, 18 October 1990: AAS 82 (1990) 1033-1044. 2. Codex Canonum Ecclesiarum Orientalium auctoritate Ioannis Pauli PP. II promulgatus (Vatican City: Libreria Editrice Vaticana, 1990). Abbreviated as Eastern Code or CCEO. English translations are taken from Code of Canons of the Eastern Churches, Latin-English Edition (Washington, DC: CLSA, 2001) [hereafter, CCEC]. 3. The Latin text was published in L’Osservatore Romano, 27 October 1990. The English translation is taken from George Nedungatt, “Discourse of Presentation of CCEO by Pope John Paul II,” A Guide to the Eastern Code, ed. George Nedungatt (Rome: Pontificio Istituto Orientale, 2002) 23-30. 4. John Paul II, “Discourse of Presentation of CCEO,” 29. Studies on ecumenism and the Eastern Code include Danilo Ceccarelli Morolli, Il Codex Canonum Ecclesiarum Orientalium e l’Ecumenismo: Aspetti Ecumenici della Legislazione Canonica Orientale (Palermo: Oriente Cristiano, 1998); Carl G. Fürst, “L’Ecumenismo nel progetto del Codice di diritto canonico orientale,” Studi Urbaniana 23 (1985) 227-233; Dimitri Salachas, “The Ecumenical Significance of the New Code,” The Code of Canons of the Eastern Churches, ed. Jose Chiramel and Kuriakose Bharanikulangara (Alwaye: St. Thomas Academy for Research, 1992) 258-275. Structures for Liturgical Reform and the CCEO 129 This declaration should not be dismissed as rhetorical hyperbole.5 It is indeed appropriate that the Eastern Code resonates with an ecumenical sensitivity and that its provisions foster unity between the Orthodox Churches and the Catholic Church. Unitatis redintegratio,6 Vatican Council II’s decree on ecumenism, begins by stating that “the restoration of unity among all Christians is one of the principal concerns of the second Vatican synod.”7 Orientalium Ecclesiarum, the conciliar decree on the Eastern Catholic Churches,8 assigned to the Eastern Catholic Churches a special task (munus) to promote the unity of all Christians, especially the Eastern Christians: To the eastern churches maintaining communion with the apostolic Roman see belongs the special responsibility of furthering the unity of Christians, especially eastern Christians, according to the principles of this synod’s decree on ecumenism, firstly with prayers, then by examples of their life, religious fidelity towards ancient eastern traditions, better mutual understandings, working together and a sensitive appreciation of realities and feelings.9 The CCEO incorporates this conciliar text as canon 903,10 which opens Title XVIII, Ecumenism or Fostering the Unity of Christians. Orientalium Ecclesiarum concludes with the caveat that the norms established by that conciliar decree are provisional, that is, given for the present conditions until the Catholic Church and the separated Churches 11 of the East are fully united. Sacri Canones, the apostolic constitution by 5. One could even cite the pope’s use of “Sister Churches” (although not used in the CCEO) and the use of the term “non-Catholic” as marking ecumenical advances. In the past, the term “schismatic” was the common usage. 6. Vatican II, decree Unitatis redintegratio, 21 November 1964: AAS 57 (1965) 90- 107. Abbreviated as UR. English translations of Second Vatican Council documents are from Decrees of the Ecumenical Councils, ed. Norman P. Tanner (London/Washington, DC: Sheed & Ward/Georgetown University Press, 1990) [hereafter, Tanner]. 7. UR n. 1; Tanner, 2:908. 8. Vatican II, decree Orientalium Ecclesiarum, 21 November 1964: AAS 57 (1965) 76-85. Abbreviated as OE. 9. OE n. 24; Tanner, 2:906. 10. “The Eastern Catholic Churches have a special function of fostering unity among all Eastern Churches, first of all through prayers, by the example of life, by conscientious fidelity to the ancient traditions of the Eastern Churches, by better knowledge of each other, by working together, and by fraternal respect for the feelings of others and their history.” 11. OE n. 30a: “This synod is very pleased with the fruitful and active co-operation of eastern and western catholic churches and at the same time declares: all these provisions of the law are made according to present conditions and until the Catholic church and the separated eastern churches come together into the fullness of union.” Tanner, 2:907. 130 John Faris which the Eastern Code was promulgated, states that while the canons have the firmness of law, full unity of the Eastern Churches might warrant revision. Thus it happens that the canons of the Code of Canons of the Eastern Churches must have the same firmness as the laws of the Code of Canon Law of the Latin Church, that is, that they remain in force until abrogated or changed by the supreme authority of the Church for just reasons. The most serious of those reasons is the full communion of all the Eastern Churches with the Catholic Church, in addition to being most in accord with the desire of our Savior Jesus Christ himself.12 The Guidelines for the Revision of the Code of Oriental Canon Law, a set of principles adopted at the outset of the revision process to direct the elaboration of the Eastern Code,13 include as their third point the Ecumenical Character of the CICO.14 (It is noteworthy that the Principles for the Revision of the Latin Code15 are silent regarding an ecumenical dimension of the future Latin Code.16) 12. Translation found in CCEC, xxiii. 13. Nuntia 3 (1976) 18-24. Abbreviated as Guidelines. For an excellent commentary on the elaboration and appraisal of the effectiveness of the Guidelines, see Sunny Kokkararavalayil, The Guidelines for the Revision of the Eastern Code: Their Impact on CCEO (Rome: Pontificio Istituto Orientale, 2009). 14. The third point of the Guidelines, found in Nuntia 3 (1976) 20, states: 1.The future Code shall declare that it holds good only for those who legitimately belong to an Oriental Catholic Church. 2.It must be a prime concern of the new Code to promote the fulfillment of the desire expressed by the Second Vatican Council that the Oriental Catholic Churches “flourish and execute with new apostolic vigor the task entrusted to them” (Orientalium Ecclesiarum n.1), both as regards the good of souls and as regards the “special office of promoting the unity of all Christians” (ibid., n. 24), -- of which unity they are called upon to be faithful witnesses according to the principles of the Decree of Ecumenism. 3.In virtue of this “special office,” referred to in the previous paragraph, due consideration must be given, in the revision of CICO, to the “aggiornamento” to which the Orthodox Churches are tending in the hope of an even greater unity of Canon Law of all the Oriental Churches. 4.Therefore, in all things concerning the Orthodox Churches, the Code must be inspired by the words of Paul VI: on the “Sister Churches,” the “almost full” communion, on the respect due to the Hierarchs of these Churches as “Pastors to whom has been entrusted a portion of the flock of Christ;” inspired also by the Conciliar text on their “right to govern themselves according to their own disciplines, since there are better suited to the temperament of their faithful and better adapted to foster the good of souls” (Unitatis redintegratio n. 16). 15. The original Latin text can be found in Communicationes 1 (1969) 77-85. 16. In addition to those canons that have an implicit ecumenical dimension, the CIC does contain three canons that mention the ecumenical movement. Structures for Liturgical Reform and the CCEO 131 This brief reflection will examine the structures for liturgical reform as articulated in the Eastern Code and ascertain their effect on the promotion of the unity of Christians. Governance in the Eastern Catholic Churches Because the nature and structures of the Eastern Catholic Churches remain a terra incognita for most Catholics, a brief description of their canonical status and of certain structures and procedures is necessary. Concerning Eastern Catholic governance systems, Orientalium Ecclesiarum n. 5 states: [This synod] solemnly declares that the churches of both east and west enjoy the right, and are bound by duty, to govern themselves in accordance with their own particular rules, seeing that they are recommended by venerable antiquity, are more suited to the customs of their faithful and seem more suitable for assuring the good of souls.17 Thus, Eastern Catholic Churches have an ancient right and obligation to govern themselves in accord with their own traditions; any assessment of their governance systems must begin with this understanding. Churches Sui Iuris A suitable way to canonically express this ecclesiological reality eluded canonists for centuries.18 The promulgation of the Eastern Code finally resolved this longstanding terminological ambiguity by adopting the term Church sui iuris (Ecclesia sui iuris). In summary, the Eastern Code describes a Church sui iuris as a stable community canonically recognized by the supreme authority as having self-governing authority: the power to elect its own leadership, enact laws for itself, and resolve internal judicial issues.19 There are today in the Catholic Church 23 17.