Normally, after a suitable period of experience and consultation with the Holy See, a bishop would raise a pia unio to official status at diocesan level. Lefebvre attempted to bypass this stage, and contacted three different Vatican departments in order to secure early recognition for his society.
This could be interpreted as an act of disobedience, in the sense that he didn’t go through proper channels.
And again, any Canon Laws which apply to secular priests apply for them. I’d have to do more reading to find out if any were broken.
It depends on what year it happened. The Code of 1983 did away with pious unions. A group is either a private association of the faithful or a public association of the faithful. Both are of diocesan right, because it is the local bishop who has oversight. In the case of a public association of the faithful, the diocesan bishop must have permission from the Sacred Congregation for Institutes of Consecrated Life and Societies of Apostolic Life to erect a public association in his diocese. No one can really approach the Vatican directly. You must go through the diocesan bishop. The FSSP was a very special situation. They were considered refugees rather than a new institute.
Point of Order here. There are some sins which for Absolution is’Reserved to the Holy See’.
The code of 1983 only has two. All others are delegated to the diocesan bishops. The diocesan bishops in the USA have delegated them all to to the parish priests. It’s up to the diocesan bishop how he wants to handle this. In cases like the USA where there are few bishops in comparison to the number of parishes, it makes sense to delegate it to the parish priest. In other places, this is not necessary.
Whatever these ones say, the actual *actions *of the Competent Authority in the Vatican have been consistent with the SSPX’s own assertion that the Decree of Excommunication of 1988 lacked validity. In the situation of ‘reserved cases’, when an SSPX priest has heard such a thing in confession (and it has happened several times over the years), he has followed the correct procedure and referred the case to the Vatican. In every such case to date, the Competent Authority has endorsed the absolution and the penance applied by the SSPX priest. Please note that this would have been quite impossible if the priest had really been in schism or without jurisdiction.
Actually, this is not the case. The competent authority can grant faculties to any validly ordained priest in a case by case scenario, even if he’s a heretic, apostate, excommunicated or in schism. The cases that the SSPX priests sent to Rome were usually cases of abortion. Normally, the priest hearing such a confession would not apply to Rome for faculties, but to the diocesan bishop. It is precisely because the priests are suspended, that they cannot seek the faculties from the diocesan bishop. No diocesan bishop can grant them faculties, because they’re not under the jurisdiction of the bishop. They have no other place to go, but to Rome.
Rome grants the faculties for each individual case, not because the excommunications of the bishops was questionable. The priests asking for the faculties were not excommunicated. Therefore, the excommunication does not enter into the picture. These priests are suspended. Rome grants the faculties out of compassion for the penitent. These are very grave sins and the Holy See does not want to put the person in a situation where they have to go looking for another priest. They may not do it, because this is hard for them.
People tend to view these incidents as Rome’s benevolence toward the suspended priests and Rome’s doubts about the excommunication. This was about Rome’s compassion for the penitent.
The marriages witnessed by an SSPX priest are always done accompanied by a written statement from the bride and groom that they consider themselves under a State of Necessity (cf the Canons invoked by Mgr Lefebvre et al. in 1988 which validate and legitimise the Marriage).
When the Archbishop made this claim, Bl. John Paul issued a statement that he would not allow this canon to be applied to the Archbishop. Therefore, they cannot use it. The pope writes canon law and the pope can apply it unilaterally where he believes that it applies and deny its usage where he believes it should be denied.
When the SSPX comes back, all of those marriages will be validated through radical sanatio or radical healing, which is a decree on the part of the Holy See that whatever is missing, for validity can be bypassed as long as matter and form were valid. In this case, what was missing was faculties. It’s kind of retroactively fixing the situation. This is done a great deal.
Fraternally,
Br. JR, FFV