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Periodica de re canonica
Periodica de re canonica
Articles published in the journal Periodica de re canonica up to 2023 will gradually be made available in PDF format on this website (in the "open access" mode). Currently, the PDFs of 30 percent of the articles published between 1924 and 2018 are accessible.

Issues of the journal that are published as of 2024 are available for purchase from Àncora Editrice (in print or digital format).
DOI10.32060/PERIODICA.2.2025.03
AuthorMazza, M.J.
TitleMemoranda of Understanding. Civil Intrusions on the ius nativum of the Church to Assign and Disciplnie Its Clergy
PeriodicalPeriodica de re canonica
ISSNISSN print 2610-9212 — ISSN digital 2611-4054
Volume114
Year2025
Pages259–314
Abstract

The Church enjoys an inherent right (ius nativum) to discipline its clergy (can. 1311), and to train and assign them as ministers of the Gospel (can. 232). Recently,  however, many bishops in the USA have entered into agreements (here referred to generally as “memoranda of understanding”) with civil officials limiting the Church’s rights in this regard. This article addresses the questions raised by these accords, including the extent to which civil lawyers counseling dioceses should attend to canon law.
Keywords: memoranda of understanding; ius nativum; clergy discipline; accused clerics; credibly accused; publication of lists of accused clerics; restrictions on ministry; secret archive; remuneration; sustenance.


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