Canoanele si Dreptul canonic · The 32nd Canon of Quinisext Synod as an authentic interpretation of mike – 5 May 0 · Drept penal bisericesc. , –, –; Floca, Drept canonic ortodox, vol. II, p. .. Milaş, N., , Dreptul bisericesc oriental, Bucureşti, Tipografia „Gutenberg”. Milaş, N., 24 N. Milaş: Dreptul bisericesc oriental, p. 25 I.N. Floca: Drept canonic orthodox. Legislaţie şi administraţie bisericească. Vol. II. Bucureşti , p.

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III, Paris,p. The bishoprics, which were initially autocephalous, kept only the autonomy of one of another, together forming the autocephalous metropolitanates, which later were going to become autonomous, too, in the bosom of exarchates and the in the patriarchates 9th, 12th, 17th, 28th cans.

Drept canonic – OrthodoxWiki

Any pretention of an autocephalous Church to have jurisdiction over other autocephalous Churches or bisericwsc their Diasporas was against the teaching of the Holy Bible and the canons of the Orthodox Church. Ecclesiastical legislation and administration [25] Drept canonic ortodox. The filetism is regarded by these theologians, supporters of the Constantinopolitan seat, as a nationalist principle applied in the ecclesiastical area, ignoring in the same time the word of our Saviour, addressed to His disciples before His Ascension: Thus, the apostolic Canons forbid the trespassing of the ecclesiastical boundaries by bishops and clergy, being combated the practice of bishops and priests who dept their dioceses and went to officiate services in other ecclesiastical units 14th apost.

It is not taken into account the fact that every autocephalous Orthodox Church has its own specificity given by the traditions of the respective nation and by its ethnical character, all these assuring its originality and identity [49].

Not to respect the specificity of each nation, of its language and traditions is truly a trespassing of the divine regulation.

Drept canonic

Grigorios Papathomas maintain that those who support the ethnic principles make a confusion between Church and Nation [45]assimilating the Church to the Nation, non being accepted the jurisdiction over an ethnic group and in conclusion more jurisdictions, but biserlcesc universal jurisdiction, the one of the Ecumenical Patriarchy.

Liviu Stan mentions, the term of autocephaly is used in nomocanonical collections or in historical acts, patriarchal or synodal [11].


However, like some exarchates or diocese, some metropolitanates kept their autocephaly, too, either as metropolitanates or as archbishoprics [21] ; we could mention here the Metropolitanate of Tomis [22] or the Archbishopric of Cyprus, which has remained autocephalous until nowadays 8th can. The autocephaly of the ecclesiastical territorial units must be legitimately requested by its hierarchs, who can form a local synod at least four bishops who could ordain the bishops of their local Churcheswithout producing schism or heresy, but in complete obedience to the superior hierarchy.

Besides these grounds there can be added some political grounds, i. This sort of exception, adopted because of political reasons, could be considered, as Prof. Another regulation is the canonical recognition of the autocephaly [27]being necessary the recognition and acceptance in the orthodox communion of the autocephalous Church by all the autocephalous Churches; it is also necessary the agreement of the state on whose territory the autocephalous Church is constituted.

This term was not used in history, but is recent, although it refers to ecclesiological realities present even since the apostolic era.

Another great theologian of our Church, Fr. This fact is highlighted by the great canonist of the 13th century, Joannes Zonaras who, interpreting the 17th can.

Liviu Stan shows, standard autocephalous units [20]. Although present in the life of the Church — the rights of the autocephalous local Churches being mentioned in the text bisericec numerous canons of the Ecumenical and local Synods — the term of autocephaly does not appear in any canon.

The dogmatic grounds have their source in vrept harmony between the organizational regulations of the ecclesiastical units and the truths of faith, mentioning here the two canonical principles with dogmatic and juridical background, the synodal principle and the hierarchical one. Therefore, this kind of position of the filo-constantinopolitan theologians is damnable [48]as this kind of theologians advance the thesis of the effort of surpassing the national through universal, i.

In place of a conclusion: As the Romanian orthodox hisericesc Fr. To obtain the autocephaly, the autocephalous Churches can interfere, having in the same time the right not to recognize some autocephalies, more than that they can interfere to withdraw the autocephaly, if there are not fulfilled all the conditions.

Iulian Mihai L. CONSTANTINESCU: The principle of ecclesiastical autocephaly

The ordination of the bishop does not mean dependency or subordination of the one who ordains, but placing the Episcopal seat at disposal towards the service of the local Church which the bishop was ordained for [19]. The same manner, the bishops are not allowed to ordain outside their diocese 35th apost. We may say that forms of autocephaly exist nowadays too in the Roman-Catholic Church, but without being referred as autocephalies.


In consequence, we specify here that the right of each Church to independence or autocephaly was consecrated by ecclesiastical practice transformed in time into a juridical regulation, then in a custom with law power that was mentioned in the text of the different canons.

Ecclesiastical legislation and administration, 2nd vol. Floca, Orthodox Canon Law. We will mention below some actual aspects regarding the canonical territories of the autocephalous Churches and the application of this notion to the jurisdictions. The proclamation of autocephaly by the mother-Church means, in fact, the execution of this act in the name of the Ecumenical Church, by exercising the authority that the whole Church possesses solidarily [28].

All these are easier to understand by considering the divine Revelation of the Old and the New Testament.

The Holy Apostles, being conscious of their unique and unrepeatable authority received from Savior Jesus Christ, enjoying universal jurisdiction by virtue of the extraordinary grace of apostolacy, preached the Gospel of our Savior Jesus Christ as far as the ends of the world Mt The two terms, autocephaly and autonomy, drepf equally used, as synonyms, because both of them express the rapport of independence of the Churches from de similar ecclesiastical organizations in ecumenical orthodoxy [12]although there are differentiations, as we will see below.

Besides the list of Saint Epiphanius f,oca its subsequent versions, the term of autocephaly is mentioned by numerous writers in documents dreept official acts. We cannot see this as an attribution of jurisdictional rights over the entire Diaspora.