Thank you for that. Yes, indeed Churches deemed by the Holy See to be in the same situation as the Orthodox Church can be admitted to receive Communion, but we need to be clear that this does not extend to the ecclesial communities arising as a result of the Protestant Reformation [1]. These communities do not have valid Holy Orders and do not believe as we do regarding the nature of the Eucharist [2]. Protestants (unless under very exceptional and grave circumstances) cannot receive Communion in a Catholic Church. The implication of what has been posted by ‘thinkandmull’ is that Protestants may be admitted to Communion with us in circumstances other than those which are grave and exceptional. CCC 1400 is clear on this.
I am not going to continue with this dialogue as it is redundant to keep repeating the same thing. Communication is not occurring.
[1] There are two different provisions. One provision, paragraph 3, governs all the venerable Churches of the East that are non-Catholic – be they Orthodox or not – and, simultaneously, all other Churches judged by the Holy See as being in the same circumstance as the Oriental Churches.
In other words, this is the provision for those Churches which have valid apostolic succession.
(The construction of paragraph 3 & 4 of Canon 844 makes the last sentence above self-evident to both canonist & theologian. That is what the language of the canon is clearly indicating; that is why it is formulated in the very precise language that it is.)
There is however another provision, Paragraph 4, which governs other circumstances: Christians whose communities have been judged by Rome as not having apostolic succession. Provision is made for them to receive Eucharist, Penance & Anointing.
The question of validity of Order as some sort of determinant is answered by the canon itself. The language in the two paragraphs of the canon instructs the Catholic minister as to what is to be done.
Thus the reason there are two provisions is to make provision for conferring the sacraments on non-Catholic Christians in Churches which have apostolic succession and for conferring the sacraments on non-Catholic Christians in a community without apostolic succession but who find themselves in the delineated circumstances of paragraph 4.
Both of these provisions are from the supreme legislator (i.e. the pope); the latter provision is to be thoughtfully implemented with the appropriate bishop(s) who determine concretely when the named sacraments could be conferred on non Catholics of other ecclesial communities.
[2] What guides the Catholic minister in administering one or all of the three sacraments mentioned in the canon to a person whose circumstances correspond with paragraph 4 is: 1) either danger of death is present or a grave necessity is present. What is to be understood as “grave necessity” is not a matter for idle speculation by anyone who cares to speculate about what they consider its presence or absence; it is determined by the bishop of the diocese or the national conference of bishops. They are competent to issue a directive, with and under the guidance of the Holy See, on what constitutes a “grave necessity.” The prerogative is properly his/theirs, by the norm of law – and not to others, except in the limited circumstances that the law allows.
Thus as a priest, I implement this provision there where I exercise my ministry: (a) according to what the proper ecclesiastical authority for that jurisdiction has determined is a grave necessity (if I judge that to be the activating circumstance) or (b) I myself make the determination, if I reasonably and prudently determine that a danger of death is present. Beyond the latter circumstance, I may make a further determination only in so far as either the bishop or the conference of bishops give me the latitude of discretion to do so by what they have decreed or some norm of particular law allows.
Once there is either danger of death or the presence of grave necessity, as defined by the bishop/conference, the next questions are: 2) Does the person seek the sacrament(s) of his or her own accord? 3) Is the minister of their confession deemed not available? 4) Does the person manifest a Catholic faith in the sacrament s/he requested? 5) Are they properly disposed?
Once those five questions are determined affirmatively, any or all of the three sacraments enumerated in the canon may be administered, according to the need and situation.
I am going to post, for the benefit of those who will read this post, the following since the plain text speaks well for itself.
This is what Canon 844, paragraph 4 says…with my emphases in bold:
*§4. If the danger of death is present
or if, in the judgment of the diocesan bishop or conference of bishops, some other grave necessity urges it, Catholic ministers administer these same sacraments
licitly also to
other Christians not having full communion with the Catholic Church, who cannot approach a minister of their own community and who seek such on their own accord,
provided that they manifest Catholic faith in respect to these sacraments and are properly disposed.
*
Beyond that: Both the Code of Canon Law and the Catechism of the Catholic Church were promulgated by Pope John Paul II. There is no conflict between the two documents on these points, as if those authoring the code did not know theology. Any reading of conflict is due to a misunderstanding on the part of the reader. The current code is actually remarkable for its rendering points of theology into a distilled and concise canonical language. This is so much the case, I always told my students that if they want to have the most concise formulation for the theology of a given sacrament, for example, they should first turn to the corresponding canons for that sacrament.