Dear brother Aramis,
Correct me if I’m wrong, but the existence of “Major Archepiscopal Churches” are a unique exigency of Catholicism. In fact, the head bishop of a Major Archepiscopal Church is the Pope. So the confirmation of the Major Archepiscopal ordinary resides legitimately with the Pope. There is no question about “not having total freedom” any more or less than a Metropolitan within a Patriarchal jurisdiction does “not have total freedom” because his Patriarch must necessarily confirm his election.
With all due respect, I don’t think you have interpreted this correctly.
As you well know, the Code of Canons for the Eastern(/Oriental) Churches is a very generalized Code of laws. Aside from the Code, each Church has their own Particular Laws regarding election. The portions you quoted in fact apply very generally to eparchies, and assume they do not lie within a traditional Patriarchal jurisdiction. The laws of election for eparchial bishops WITHIN a Patriarchal jurisdiction are contained in the Particular laws of each Patriarchal Church. Canon 182-3 makes explicit reference to this. I am, of course, assuming that the Particular laws of each Patriarchal Church regarding the election of bishops within its territory does not require the intervention of the bishop of Rome (which seems rather sensible since this is an internal matter within a Patriarchate in which Rome would not normatively have a canonical right to intervene).
There are 2 things which cause me to challenge your interpretation:
- A Patriarch with the consent of his Synod, with only the condition of consultation with the Roman Pontiff (as far as the Pope is concerned) can erect, modify or suppress jurisdictions within the Patriarchal boundary. Why would he then need the intervention of the Pope to supply that jurisdiction with its own bishop?
- The very fact that the election of a Patriarch requires no papal intervention (aside from the Patriarch’s request for communion, or if the election has not properly occurred within 15 days of vacancy). If the higher office of Patriarch does not require papal intervention, why would a lower office require it?
Of course, as always, I am open to correction. I would appreciate your (name removed by moderator)ut.
Blessings,
Marduk