Hello interested readers,
This is a difficult situation to explain but I will give it a try. The CCEO c. 32.2 mentions a transfer from one Church sui iuris to another where the eparchial bishops concerned agree to the transfer. In this case, no recourse to the Holy See is necessary since the required consent is presumed.
The problem is that this presumption concerns only Eastern Churches, not the Latin Church. The Eastern Code is for the Eastern Churches and does not include the Latin Church unless the contrary is expressly stated (c. 1). In c. 32.1, all sui iuris Churches, inlcuding the Latin Church, are included. This norm corresponds to c. 112.1.1 of the Latin Code, too.
However, c. 32.2 speaks of eparchies and eparchial bishops. The Latin Church does not have eparchies. Therefore, when looking only at the two Codes, the consent of the Holy See is required when there is a process of transferring from an Eastern Church to the Latin Church, and vice versa. The consent is **not **presumed.
BUT, in 1993, a rescript of the Holy Father expanded this presumption to include members of the Latin Church who wish to transfer to an Eastern Church.
A transfer in the other direction, though, is not covered by this rescript. (Don’t have an easy link to this but it is in the AAS, vol. 85, p. 81.)
The bottom line is that, according to what I’ve been taught and the reasoning I’ve given, the scenario presented in the original post requires the consent of the Holy See (Cong. for Eastern Churches) in order for the transfer to be valid.
If this isn’t clear, I don’t know if I can be of any help…I’ve done the best I can here!
Dan