What is the point of discernment at all if in the end people are just free to do what they want?
There are those (not sure if these Bishops are among them) that believe that an informed and certain conscience can’t lead one to sin. If someone is informed and certain, and they follow their conscience, then they are not sinning.
There is no objective way to determine if one’s conscience is properly formed. We can know that information has been shared, but not that it has been properly understood. We can’t always be certain of our own understanding, let alone the understanding of others. This is one of the difficulties in “primacy of conscience”, which is not to say that I disagree with idea, only to say that it comes with some very real difficulties.
Now AL doesn’t mandate the approach of Malta, and the Maltese approach isn’t the one I came to from my reading of AL, but obviously AL leaves the door open to the Maltese interpretation. If the Maltese understanding is incorrect it would be the easiest thing in the world to fix, but that hasn’t occured yet.
The fact that AL can be interpreted in a manner consistent with traditional praxis doesn’t mean that it can only be understood in this manner. Church history is full of examples of documents that were intended in an orthodox manner but ended up supporting error, or at least lended themselves to erroneous interpretation. When this occurs, further clarification is required. I argue that the existence and acceptance of the Maltese guidelines indicates that AL is such a document.
Personally, I don’t believe that Pope Francis intends any kind of heresy or moral error, but that doesn’t mean I think he is particularly good at providing clear guidance to the Faithful. I have read AL and I just find it largely unnecessary and uninspiring, but then I’m coming from a particular context that is hardly universal. I think a development towards a recognition that the annulment process is hardly infallible, and allowing for leeway in particular circumstances where the process fails, is a good thing, but AL doesn’t strike me as being especially well directed in this regard. The fact that both the Argentine and Maltese guidelines come from a “faithful” reading of AL only feeds my view that AL merely reflects whatever one brings into it, rather than illuminating anything new or clarifying murky areas of moral theology.
Peace and God bless!