We have to be careful here. Some people stretch the meaning of communion in a way that Canon Law does not do.
Let’s use two simple examples and please don’t jump all over me. I’m a religious. I am bound by obedience to think and say only what the Church allows me to think and say. Now that I’ve said that, let’s go with those examples.
Bishop A:
Disregards what the Holy Father said about implementing the EF in his diocese. Despite this, he remains in communion with the pope, because this is not a schismatic act that breaks with the primacy. A schismatic act can only be one defined as such by either Canon Law or by the pope himself. The pope has not defined this as a schismatic act. In other words, this bishop is not excommunicated. He’s non compliant. He remains part of the Magisterium.
Bishop B:
Ordains other bishops without papal permission. The pope declares it a schismatic act. This bishop is excommunicated. Despire Bishop B’s good intention, he has broken communion with the pope. He is no longer part of the Magisterium until he is reinstated and is given a canonical place in the Church. Only a pope can give a bishop a canonical place.
Bishop C:
A validly ordained bishop who is not Catholic is not in communion with the pope. This bishop is not part of the Magisterium.
The Orthodox bishops are valid and licit, but they are not part of the Magisterium of the Catholic Church because they are not in full communion. They are outside of the Cathoic Church, even though they are in sacramental communion with the Church.
Valid: They are ordained by valid bishops and have sucession that can be traced to Christ himself, Apostolic Succesion.
Licit: Their ordination is legal, because the Catholic Church does not have the authority to prohibit it, nor does she have the authority and power to restrict their ministry. They are not bound by the laws that govern our bishops.
Fraternally,
Br. JR, OSF