I would like to see some source and to know what exactly was ruled. It is quite a difference
- if Pope overruled and abolished the entire Patriarch’s decision,
- if Pope overruled or changed it just “partially”,
- if Pope did not overrule anything and just said yes to one specific request.
What’s more in case of dispute between homeland and diaspora bishop, the Apostolic See is quite often the appropriate office to make decision, not the patriarchal level.
As I understood the original Patriarch’s action, it was meant to return priests to their parishes / parishioners – meaning to pull back priests who left their people who are now without priest, not to punish those who were leaving together with their parishioners. And also to make priests to communicate with their bishops and to give some tool to bishops to control their priests. I think it is normal if bishop approves or disapproves his priest’s “movings”, especially if the priest goes out of his jurisdiction.
Also many depends on the way it was exercised:
- If the whole village leaves (their priest with them) and he informs his bishop that all left, I would consider it OK. They could escape to another’s bishop jurisdiction and then this would be matter of both bishops. Priest’s bishop can tell him he needs him somewhere else (or just wants him back in his eparchy) and his parishioners will be given another priest and so on.
- I would see the original decision to be a problem if it were exercised in a way of punishing priests whose fault was not to stay somewhere in ruins of their village with no parishioner left.
It is also possible that many possibilities were not covered or some were simply “forgotten” and reality has shown that it was not the best written law and this imperfection is now causing some problems.
I would really like to now how it was implemented in praxis and what exactly was that Pope’s intervention about.