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The People of God » Institutes of Consecrated Life and Societies of Apostolic Life » Institutes of Consecrated Life » Religious Institutes » Separation of members from the institute » Dismissal of members
Canon 697. §1 In the cases mentioned in can. 696, if the major Superior, after consulting his or her council, judges that the process of dismissal should be commenced:
1° the major Superior is to collect or complete the evidence;
2° the major Superior is to warn the member in writing, or before two witnesses, with an explicit caution that dismissal will follow unless the member reforms. The reasons for dismissal are to be clearly expressed and the member is to be given every opportunity for defence. If the warning has no effect, another warning is to be given after an interval of at least fifteen days;
3° if this latter warning is also ineffectual, and the major Superior with his or her council judges that there is sufficient proof of incorrigibility, and that the defence by the member is insufficient, after fifteen days from the last warning have passed in vain all the acts, signed by the major Superior and the notary, are to be forwarded, together with the signed replies of the member, to the supreme Moderator.
1° the major Superior is to collect or complete the evidence;
2° the major Superior is to warn the member in writing, or before two witnesses, with an explicit caution that dismissal will follow unless the member reforms. The reasons for dismissal are to be clearly expressed and the member is to be given every opportunity for defence. If the warning has no effect, another warning is to be given after an interval of at least fifteen days;
3° if this latter warning is also ineffectual, and the major Superior with his or her council judges that there is sufficient proof of incorrigibility, and that the defence by the member is insufficient, after fifteen days from the last warning have passed in vain all the acts, signed by the major Superior and the notary, are to be forwarded, together with the signed replies of the member, to the supreme Moderator.
Canon 698. In all the cases mentioned in cann. 695 and 696, the member always retains the right to communicate with, and send replies directly to, the supreme Moderator.
Canon 699. §1 The supreme Moderator and his or her council are to proceed in collegial fashion in accurately weighing the evidence, the arguments, and the defence. For validity, the council must comprise at least four members. If by a secret vote it is decided to dismiss the religious, a decree of dismissal is to be drawn up, which for validity must express at least in summary form the reasons in law and in fact.
§2 In the autonomous monasteries mentioned in can. 615, it belongs to the major superior, with the consent of his or her council, to decide on dismissa.
[revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
§2 In the autonomous monasteries mentioned in can. 615, it belongs to the major superior, with the consent of his or her council, to decide on dismissa.
[revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
Canon 700. A decree of dismissal issued in the case of a professed member takes effect from the time that it is communicated to the member concerned. To be valid, however, the decree must indicate the right which the dismissed possesses to make recourse to the competent authority within thirty days from receiving notification. The recourse has suspensive effect.
[revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
[see Authentic Interpretation of canon 700, 17.V.1986]
[revised wording according to m.p. Competentias quasdam decernere, 11.II.2022]
[see Authentic Interpretation of canon 700, 17.V.1986]
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