With a rescript dated May 18, 2022, Pope Francis changed canon law to allow for non-clerical religious, those belonging to clerical institutes of pontifical right, such as our Order, to hold government offices at all levels.

For a non-clerical religious to be appointed Guardian, a Decree of Appointment from the Minister General with the consent of his Definitory is sufficient. Likewise, the Minister General with the consent of his Definitory can appoint a non-clerical religious as Minister Provincial or Custos after having received a written license from the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life. To elect a non-clerical religious as Minister General, the General Chapter must request a written license from the abovementioned Congregation.
In the last two cases, the Congregation’s response is based upon its evaluation of the individual case and the reasons given by the applicants.
This change, in fact, excludes the approval of the Congregation for the appointment of “lay” Guardians. Such appointments, however, still require the approval of the Minister General and his Definitory.

Friar Maurizio DI PAOLO, Procurator General

 

Rescript Issued by the Holy Father Francis
about the Derogation from Can. 588 §2 CIC,
May 18, 2022

The Holy Father Francis, during the audience of February 11, 2022, given to the undersigned Cardinal Prefect and Archbishop-Secretary, has granted the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life the faculty to authorize, discretionally and in individual cases, the conferment of the office of Major Superior in clerical religious institutes of pontifical right and in clerical societies of apostolic life of pontifical right in the Latin Church, and dependent upon it, in derogation of can. 588 §2 CIC and the proper law of the institute of consecrated life or society of apostolic life, subject to can. 134 §1.

  1. A non-clerical member of an institute of consecrated life or a clerical apostolic society of apostolic life of pontifical right shall be appointed local superior by the supreme moderator with the consent of his council
  2. A non-clerical member of an institute of consecrated life or a clerical apostolic society of apostolic life of pontifical right shall be appointed Major Superior after obtaining a written license from the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life at the request of the Supreme Moderator with the consent of his Council.
  3. A non-clerical member of an institute of consecrated life or a clerical apostolic society of apostolic life of pontifical right shall be elected Supreme Moderator or Major Superior in the manner prescribed by proper law, with confirmation required—by written license—from the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life.
  4. In the cases provided for in can. 134 §§2-3, the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life reserves the right to evaluate individual cases and the reasons given by the Supreme Moderator or the General Chapter.

The Holy Father has also ordered the rescript to go into effect today. It shall be published in L’Osservatore Romano, and subsequently in the official commentary of the Acta Apostolicae Sedis [Acts of the Apostolic See].

From the Vatican, May 18, 2022