The portions of Balamand cited by the OP simply don’t cohere well with the Tradition as understood by either Catholic *or *Orthodox.
The Catechism describes both heresy and schism as sins against faith:
“Heresy is the obstinate post-baptismal denial of some truth which must be believed with divine and catholic faith, or it is likewise an obstinate doubt concerning the same; apostasy is the total repudiation of the Christian faith; schism is the refusal of submission to the Roman Pontiff or of communion with the members of the Church subject to him.” I think we should be able to stipulate that Orthodox definitions would be close enough to these and that both East and West regard these sins as serious enough to imperil one’s salvation (provided that one is culpable). The Orthodox can correct me if I’m wrong on their end.
So we have a schism acknowledged by both sides (and, though we’re too nice to say it, the Orthodox rejection of defined Catholic dogmas is, by Catholic definition, heresy). So if we agree on the existence of a material schism that is objectively grave matter it is nonsensical to claim that we shouldn’t be trying to rectify it with an eye to the salvation of those individuals on the other side of the schism. This is why voices on both sides of the schism have been raised against the Balamand declaration.
I am an Eastern Orthodox bishop. Our standpoint is this:
–some EO clergy consider RC and E&O C heretics. Some consider them schismatic.
–we EO are administered according to a different model than RC are accustomed to, many RC do not understand it, are confused, and that often gives rise to misunderstandings. We have territorial, decentralized, synodal-episcopal administration. Each bishop (archbishop, vladyka, despota, eparch, exarch, metropolitan…) is the supreme ruler over his territoy. Synod does not have any special powers over the territory placed in care of an individual bishop. Nor does the synodal Patriarch or Hierarch. That in its effect means a local EO bishop may often choose his own interpretation of a question not ruled upon with definitivity by a council (ecumenical or pan-orthodox)
–I accept the interpretation the RCC is schismatic rather than heretic, and the Holy Spirit may very well flow inside her. Not all EO bishops share this view, but I do.
–now, to the point (the previous was necessary pretext) : if a RC or ByzCath faithful comes to me, and it happens about 2-3 times a week, saying: Dear Vladyka, I need the Holy Confession, right now! , I let the poor tormented soul declare the Creed of Constantinople, I ask him if he declares before me, an EO bishop, adherence to the Seven Ecumenical Councils and their Holy Canons, if he is willing to do that then I have peace of mind as I have a truly Orthodox man before me, and then I tell the man to confess his sins. Same with Eucharist, except it all happens during the Divine Liturgy that I serve. I tend to think this is how our Church Fathers used to do it in Lydia, Thrace, Ethiopia, Dalmatia and other such regions in the first millenium.
–is this valid from RC standpoint? I think so, though I care more about the confessed sins and tge absolution passed through the hands of a valid EO bishop in this case.
–is this valid from EO stabdpoint? I am the eparch here, so there are few who can come here and tell me how to do it. But, i consulted it with my brothers in our episcopal synod and several other bishops do the same thing.
It may not be a total answer regarding the Balamand issue, but I believe it may be very important. I think there is generally a certain …lack of communication between the RCC and the EO. This show of current practise may be an important point.
May the Most Holy Theotokos keep you safe, my beloved Catholic brothers and sisters.
–Vladyka Gavrilo