Doctrinal Examination
Regulations for Doctrinal Examination
Sacred Congregation for the Doctrine of the Faith
Regulations for Doctrinal Examination
June 29, 1997
Article 1. The Congregation for the Doctrine of the Faith has the
functions of promoting and safeguarding doctrine on faith and morals
throughout the Catholic world. In accomplishing this purpose, it renders
a service to the truth, by protecting the right of the People of God to
receive the Gospel message in its purity and entirety. Therefore, in order
that faith and morals not be harmed by errors however disseminated, it
also has the duty of examining writings and opinions which appear contrary
to correct faith or dangerous.
Article 2. This fundamental pastoral responsibility concerns all pastors
of the Church, who have the duty and the right to exercise vigilance,
whether individually or gathered in particular Councils or Episcopal
Conferences, in order that the faith and morals of the members of the
faithful entrusted to their care not suffer harm. To this end, they can
also be served by Doctrinal Commissions, institutionalized consultative
bodies which assist Episcopal Conferences and individual Bishops in their
solicitude for the doctrine of the faith. The principle remains, however,
that the Holy See can always intervene and, as a rule, does so when the
influence of a publication exceeds the boundaries of an individual
Episcopal Conference, or when the danger to the faith is particularly
grave. In such cases, the Congregation for the Doctrine of the Faith
uses the following procedures:
I. Preliminary Examination
Article 3. The indicated writings or teachings, in whatever way they are
disseminated, are given attention by the competent Office, which submits
them to the examination of the Congresso [the weekly meeting of the
Superiors and Officials of the Congregation]. After a preliminary
evaluation of the gravity of the question, the Congresso decides whether
or not to undertake a study by the Office.
II. Office Study
Article 4. Once the authenticity of the writings has been verified, it
is carefully examined with the collaboration of one or more Consultors or
other experts in the particular area.
Article 5. The outcome of this examination is then presented to the
Congresso, which decides whether this is sufficient for an intervention
with the local authorities, or whether the examinationb needs to proceed
further by one of two established procedures: ordinary examination or
examination in cases of urgency.
Article 6. Should the Congresso judge that the study undertaken was
sufficient, it can entrust the case directly to the author's Ordinary and,
through him, bring the doctrinal problems presented in the text to the
author's attention. In such a case, the Ordinary is invited to deepen
the study of the question and ask the author to provide the needed
clarifications for submission to the judgment of the Congregation.
III. Ordinary Procedure for Examination
Article 8. An ordinary examination is used when a writing appears to
contain grave doctrinal error, the identification of which requires
attentive discernment, and the possible negative influence on the faithful
does not seem to involve particular urgency. The examination is
structured in two phases: an internal phase of preliminary investigation
undertaken within the Congregation and an external phase involving the
presentation of objections to the author and subsequent dialogue.
Article 9. The Congresso designates two or more experts who examine the
text in question, give their opinions, and evaluate whether it is in
conformity with the doctrine of the Church.
Article 10. The same Congresso appoints a relator pro auctore, who has
the task of illustrating, in a spirit of truth, the positive aspects of
the teaching and the merits of the author, of cooperating in the authentic
interpretation of his thought within the overall theological context,
and of expressing a judgment regarding the influence of the author's
opinions. For this purpose, the relator pro auctore has the right to
examine all the acts relative to the case.
Article 11. The Office Report, which contains all the information
relevant to the examination of the case (including the antecedent
elements), the opinions of the experts and the presentation of
the relator pro auctore, is distributed to those who will take part in
the Consultation.
Article 12. The experts who had submitted opinions on the text can also
be invited to participate in the Consultation-- in addition to the
Consultors themselves, the relator pro auctore and the author's Ordinary
(who cannot be substituted by another and is bound to
secrecy). The discussion begins with an exposition by the relator pro
auctore, who makes a comprehensive presentation of the case. After him,
the author's Ordinary, the experts, and the Consultors each express their
own opinion, orally and in writing, on the content of the text under
examination. The relator pro auctore and the experts may respond to the
observations and offer clarifications.
Article 13. When the discussion has finished, the Consultors alone
remain in the room for the general vote on the outcome of the examination,
aimed at determining whether doctrinal errors
or dangerous opinions have been found in the text, and specifically
identifying these in light of the different categories of truth-
propositions found in the Professio fidei.
Article 14. The entire file, including the minutes of the discussion,
the general vote and the opinions of the Consultors, is submitted to the
examination of the Ordinary Session of the
Congregation, which decides whether to present objections to the author,
and if so, on which points.
Article 15. The decisions of Ordinary Sessions are submitted to the
consideration of the Supreme Pontiff.
Article 16. If, in the prior phase, it was decided to proceed to a
presentation of objections, the author's Ordinary or other concerned
Ordinaries, as well as the competent Dicasteries of the
Holy See, are informed.
Article 17. The list of erroneous or dangerous propositions at issue,
together with an explanatory argumentation and the documentation (reticito
nomine) necessary for the defense, are communicated through the Ordinary
to the author and his advisor, whom the author has the
right to nominate, with the approval of his Ordinary, to assist him. The
author must present a written response within three canonical months. It
is appropriate that, together with the author's response, the Ordinary
also forwards his own opinion to the Congregation.
Article 18. The possibility is also foreseen of a personal meeting
between the author, assisted by his adviser (who takes an active part in
the discussion) and delegates of the Congregation. In
this eventuality, the Congregation's delegates, who are appointed by the
Congresso, are to keep minutes of the meeting, the text of which is to be
signed by them, by the author and by his advisor.
Article 19. Should the author not send the written response, as is
always requested, the Ordinary Session of the Congregation takes the
appropriate decisions.
Article 20. The Congresso examines the written response of the author as
well as the minutes of any meeting that has taken place. If this
examination reveals truly new doctrinal elements requiring further
evaluation, it is then decided whether the question should again be
presented to the Consultation, which may be expanded to include additional
experts, among these the author's advisor, appointed in accordance with
article 17. Otherwise, the written response of the author and the minutes
of any meeting are submitted directly to the judgment of the Ordinary
Session.
Article 21. If the Ordinary Session decides that the question has been
resolved positively and that the response is sufficient, the process does
not go further. Should this not be the case, adequate measures are then
taken, also for the good of the faithful. Moreover, the Ordinary
Session decides whether and in what way the results of the examination
are to be made public.
Article 22. The decisions of the Ordinary Session are submitted for the
approval of the Supreme Pontiff and then communicated to the author's
Ordinary, to the Episcopal Conference and to concerned Dicasteries.
IV. Examination in Cases of Urgency
Article 23. An urgent examination is employed when the writing is
clearly and certainly erroneous and, at the same time, its dissemination
could cause or already has caused grave harm to the faithful. In this
case, the Ordinary or the concerned Ordinaries are immediately informed
together with the competent Dicasteries of the Holy See.
Article 24. The Congresso appoints a commission which is especially
entrusted with promptly determining the erroneous or dangerous
propositions.
Article 25. The propositions identified by the Commission, together with
the relative documentation, are submitted to the Ordinary Session, which
will give priority to the examination of the question.
Article 26. If the Ordinary Session judges that the above-mentioned
propositions are in fact erroneous and dangerous, after the approval of
the Holy Father, they are transmitted to the
author, through his Ordinary, with the request that they be corrected
within two canonical months.
Article 27. If the Ordinary, having heard the author, believes it is
necessary to ask him also for a written explanation, this text must be
forwarded to the Congregation together with the opinion of
the Ordinary. Such an explanation is then presented to the Ordinary
Session for the appropriate decisions.
V. Disciplinary Measures
Article 28. If the author has not corrected the indicated errors in a
satisfactory way and with adequate publicity, and the Ordinary Session has
concluded that he has committed the offense of heresy, apostasy, or
schism, the Congregation proceeds to declare the latae sententiae
penalties incurred; against such a declaration no recourse is admitted.
Article 29. If the Ordinary Session ascertains the existence of
doctrinal errors which do not involve latae sententiae penalties, the
Congregation proceeds, according to the norm of law, whether universal or
proper to the Congregation.
The Sovereign Pontiff John Paul II, at the Audience granted to the
undersigned Prefect on May 30, 1997, confirmed these Regulations, adopted
in the Ordinary Session of this Congregation, approving at the same time
in forma specifica articles 28-29, contrariis quibuslibet non
ostantibus, and ordered their publication.
Rome, from the Offices of the Congregation of the Doctrine of the Faith,
June 29, 1997, the Solemnity of the Blessed Apostles Peter and Paul.
+ Joseph Cardinal Ratzinger
Prefect
+ Tarcisio Bertone
Archbishop Emeritus of Vercelli
Secretary
EXPLANATORY NOTES: REGULATIONS FOR DOCTRINAL EXAMINATION
VATICAN CITY, SEP 2, 1997 (VIS) - On July 29, The Congregation for the
Doctrine of the Faith made public a document entitled "Regulations for
Doctrinal Examination." It was signed by Cardinal Joseph Ratzinger and
Archbishop Tarcisio Bertone, respectively prefect and secretary of the
congregation.
Dated June 29, Solemnity of the Blessed Apostles Peter and Paul, the
regulations had been confirmed by Pope John Paul in an audience with
these prelates on May 30, 1997. The five-page document of text and
footnotes comprises 29 Articles, divided into an introduction and five
parts: Preliminary Examination; Office Study; Ordinary Procedure of
Examination; Examination in Cases of Urgency, and Disciplinary
Measures. It was published in various languages including English,
Spanish and French.
An explanatory note from the congregation accompanied the text. It
illustrated the reasons for such regulations and the need for a
renewal of the 1971 regulations and also looked at the principal
characteristics of the revision.
Following are excerpts from that explanatory note:
"The formulation of REGULATIONS FOR DOCTRINAL EXAMINATION is an
indispensable requirement for the Congregation for the Doctrine of the
Faith, which has the official function of examining 'writings and
opinions which appear contradictory to correct faith and dangerous'
('Pastor Bonus', art. 51). Such an examination in fact, so as not to
suffer from arbitrariness or endless discussions, must follow a
precise procedure, known to all and approved by the authority of the
Church, which safeguards, on the one hand, the rights of the author
and, on the other, those of the entire people of God to 'receive the
Gospel message in its purity and entirety'.
"For this reason, already in 1971 the renewed Congregation for the
Doctrine of the Faith had prepared REGULATIONS FOR DOCTRINAL
EXAMINATION. After twenty- five years of experience, however, and
taking into account a multitude of observations which have been
provided to the Dicastery, it was decided to prepare new Regulations
that might respond even better to the demands of the present day.
"The principal characteristics of this revision are as follows:
"1. Involvement of the Bishops and the author's Ordinary.
"The Regulations provide for the timely and continual informing of the
author's Ordinary, as well as their concerned Ordinaries and Episcopal
Conferences, in addition to other dicasteries of the Holy See. ...
Throughout the Regulations, the Ordinary acts as the intermediary
between the Congregation and the author. In the ordinary procedure, in
addition to being kept informed, the Ordinary is invited to take part
personally in the Consultation, at which he 'cannot be substituted by
another'. At the Consultation, he is called upon to express his own
opinion, both orally and in writing; he is also invited to provide his
opinion to the congregation when he forwards the author's response."
"2. Guarantees for the Author's defense.
"The safeguards provided in the previous Regulations were
unquestionably sufficient; however, in consideration of the heightened
sensitivity in this area characteristic of contemporary thinking, they
have been significantly expanded. On the congregation's part, the
process which is put in motion includes junctures which are so
numerous and complex, requiring periods of time as well as the
involvement of so many persons, that it is impossible to accuse the
procedure of haste or superficiality. ... In addition, the author's
defense is guaranteed by the appointment of a 'relator pro auctore',
as well as by the presence of an adviser in whom he has confidence. It
is true that the 'relator pro auctore' is named by the congregation,
but this takes place when the process is still in an explanatory
phase. ... Finally, should it be judged opportune, the author,
together with his advisor, can also meet with delegates of the
congregation to discuss the case.
"Safeguards for the reliability of the evaluation also exist in the
process used for urgent examinations. Not only are the different
elements in the examination of the documentation always distinct,
consecutive and independent, but the author's Ordinary is also
involved and the author himself can always offer explanation or
possibly correct his statements."
"3. Respect for universal and particular law in the procedures.
"The Regulations ... are norms proper to the congregation which govern
the conditions prior to proceeding to any possible use of disciplinary
or penal measures: these norms in fact concern the examination of
teaching, not the disciplinary or penal measures to be taken or the
process by which these are arrived at."
"An explanation, however, is necessary with regard to article 28 of
the Regulations. Concerning disciplinary measures, it is stated that
if it is a question of the offenses of heresy, apostasy or schism, the
congregation can proceed to declare the 'latae sententiae' penalty
incurred and no recourse against such a declaration is possible.
Certainly, the declaration of a penalty is an act of jurisdiction and
not, properly speaking, an act of teaching by the Magisterium. But it
cannot be denied that, in this case, it is a question of the
declaration of a penalty already incurred, given the intrinsic link
with the doctrinal judgment, and what is more, following upon an
attentive doctrinal examination of the teaching in question, according
to the procedures provided in the same regulations. Furthermore, the
procedure provides for the direct intervention of the Holy Father,
with his approval in the different stages of the process. The
Regulations stipulate that the conclusions of the doctrinal
examination be submitted to the Holy Father himself. In such a context
then, it would be pure and unjustified juridical formalism to separate
the congregation's conclusions regarding the author's teaching, which
establish with certainty that he is a heretic, an apostate or a
schismatic - and moreover refuses to submit himself to the judgment of
the Church - from the declaration of excommunication, by initiating a
penal trial according to canon law or similarly by allowing the
possibility of recourse. Moreover this would carry with it the risk of
postponing indefinitely the resolution of an urgent and serious
problem."
"In conclusion, it can be said that the Regulations constitute a
noteworthy and valid effort to harmonize the indispensable demands of
safeguarding and promoting the faith with respect for the rights of
the faithful: the first cannot be given value to the detriment of the
second. Both respond to the truth; objectively, they are not in
conflict and therefore as far as possible they must both be
safeguarded."
From Vatican Information Service September 2 and September 3, 1997
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