Even for an institute of Pontifical Right, I seem to think the approval is necessary.
As far as I recall, it’s a one-time consent. A bishop )or his successor) may not revoke that consent unilaterally.
I believe that you and Brother may be talking about different things. A religious community has to request permission to enter a diocese, even if they do not intend to serve the diocese, which is what the canon is speaking about.
Religious do not need the bishop’s permission to assign men or women to that house, once the house is erected. They can assign anyone and the bishop cannot interfere.
This is often a point of contention between the laity and religious orders and between the laity and religious congregations. Lay people assume that if the Jesuits mess up, the bishop can take charge and fix the problem. Not so. He has no authority. He is the Ordinary for the secular clergy and the laity, only. The Jesuit, Franciscan, Carmelite, etc superior is the Ordinary for the religious. Lay people and secular clerics are bound to obey a bishop, not religious may or may not be bound to obey, depending of their founder.
In this context, since the FSSP is secular, they have certain duties to the local bishop that the Carmelites, Jesuits, Christian Brothers, Sisters of St. Joseph, etc would not have. These men and women constitute a separate group known as consecrated people. The priests of the FSSP, SSPX, Maryknoll, Missionhurst, Opus Dei, Secular Franciscans, Secular Carmelites, Secular Dominicans are not consecrated people. Therefore, they are not exempt from obedience to the local bishop, unless the exemption is granted by the Holy See. It is not granted to them by law.
That is why a bishop can demand that they comply with canon law, moral teachings and so forth. The bishop has that authority, which he does not have over the Dominicans, for example.
To the best of my knowledge there are very few Societies of Apostolic Life that have been granted the same exemption as religious: Maryknoll, Missionhurst, Vincentians, and Opus Dei. Their relationship with the local bishop is like that of the religious, even though they are not religious. That is why, to the lay person in the pew, they look like religious, because they have greater autonomy and their superiors have greater authority.
No bishop can ever suppress a religious house or a secular order. It’s not a matter of not being able to do so unilaterally. It’s a matter of not being able to do it under any circumstance. He can have the entire conference of bishops behind him and he still cannot do it. Only the Holy See can suppress a religious house or a secular order in any diocese. Religious and secular orders enjoy the protection of the pope. A bishop can deny permission to enter. He cannot demand that they leave or that they remain inactive. He can fire them, if they work in one of his ministries. But he cannot fire them if they work in one of their own.
This is why it is a very dangerous move to give an association a bishop. If that association believes that their rights have been violated, that bishop can in fact create another Church. The problem is that you cannot violate the law to defend a right. This only works in civil law, not in Church law. The Pope is the supreme legislator over which no civil or ecclesial law has any jurisdiction and whose authority no civil or ecclesial law can overrule. The only thing left would be a schism, because you can’t name the pope as defendant, even in a civil case. Catholics do not acknowledge such authority on earth.
This is an side, but germaine to this issue. When people complain that Pope John Paul sat on Archbishop Lefebvre’s request, the complain has no justification in Church law. Popes do not have to respond to any request made by anyone. A pope answers out of courtessy, not duty. To avoid these conflicts, the appointment of a bishop to a society requires a lot of consideration. The consequences can be devestating.
Fraternally,
Br. JR, OSF
