Procedure and requirements for the Recognition / Erection of an Association of the faithful by the Holy See

I. From the association

The procedure for the recognition/erection of an association of the faithful as an international association by the Holy See begins with a formal request, signed by the moderator of the association and sent to the Prefect of the Dicastery for Laity, Family and Life. This request is very significant from a canonical point of view because it constitutes an exercise of the freedom of association of the faithful, recognized in Canon Law (cf. cc. 298-299 CIC).

It is important to verify, before sending the application, whether the association meets the basic requirements for recognition as an International Association of the Faithful:

-          Being international in character: with the effective presence of a considerable number of members of the association in dioceses in several countries. The Dicastery assesses the number of members, which must be significant, the nature and consistency of the activities carried out by the association, understood as an expression of effective associative life in the countries where it is present.

-          Prior canonical recognition in a Particular Church (ordinarily, the diocese in which the association first developed) and approval of the statutes, in accordance with canons 314 or 322 §2, for a period of at least ten years.

 

The formal request must be sent in paper format and accompanied by the following:

1.      All necessary documentation, including the current statutes, allowing an adequate knowledge of the association’s history, purposes and activities, as well as the approximate number of members and their geographical distribution, its presence in various Particular Churches and its relationship with these Diocesan Ordinaries.

2.      Draft international statutes drawn up by the association, with the appropriate assistance of a canon lawyer expert in association law. The statutes constitute the proper law that organizes the life of the association and must mention:

a.       a brief history of the association, as a preface;

b.      a description of the association’s legal status and registered office;

c.       an exposition of the charism (if present) and spirituality;

d.      the association’s statuary objectives and its principal activities;

e.       information on the different categories of members, specifying: requirements and procedure for admission, formation path, duties and rights, reasons for loss of membership and procedure for dismissal;

f.        a description of the structure, composition and competences of the governing bodies at international, national and diocesan level, taking account of the Dicastery’s General Decree of June 3rd 2021, regulating the exercise of government in international associations of the faithful;

g.      provisions relating to the administration of material goods; procedures for amending the Statutes, for the dissolution of the association and the destination of material goods in case of dissolution.

 

Notes:

-          The Statutes should be written in third person, in a style which is sober and concise. They can be written in Italian, Spanish, Italian, English, French or Portuguese.  

-          It would be useful for the association to bear in mind the criteria of ecclesiality set out in nº30 of the Post-Synodal Apostolic Exhortation Christifidelis Laici, and further explored in nº18 of the Letter Iuvenescit Ecclesia, from the then Congregation for the Doctrine of the Faith.

 

II. From the Dicastery for the Laity, Family and Life

As a first step, the Dicastery examines the documentation received to verify whether the necessary requirements are in place to begin the procedure. It must be emphasized that recognition by the Holy See cannot in any way be considered a sort of honorary title: an association in a diocesan or national sphere is just as ecclesial as an international association of the faithful. International recognition is, however, an indication of the maturity of an association, of its process of diffusion in different countries, and proof of a well-established associative life. Applying for recognition is possible when an association has reached a level of diffusion that requires accompaniment by the ecclesiastical authorities at an international level.

The Dicastery, after an initial evaluation, solicits an opinion from the bishops of the dioceses in which the association is established. In this way the Dicastery can verify the international character of the association and the spiritual and apostolic fruits of its members, attested to by the Church's own Pastors. This requirement has an important ecclesiological significance, as it represents a concrete manifestation of the mutual cooperation between the Universal Church and Particular Churches.

Once the initial study has been completed – this may take some time depending on the texts to be analyzed – the Dicastery consults several expert canon lawyers for their opinion on the statutes, and on the basis of the opinions and judgements received, the Dicastery formulates its observations. At this technical-legal stage of the process, the association of the faithful integrates the suggestions made by the Dicastery into the statutes, in order to prepare the final text to be submitted for approval. The Dicastery then requests an opinion on the statutes from the Dicastery for the Doctrine of the Faith, which analyses their doctrinal conformity and, in the case of an association arising from a charism, assesses the expression of its charismatic identity.

After a further review of the statutes, the final stage of the procedure is reached. The Dicastery draws up a decree recognizing or erecting the international association of the faithful, and approves the statutes ad experimentum. At the end of the ad experimentum period, which usually lasts five years, the Dicastery for Laity, Family and Life, in dialogue with the association and after incorporating any changes that may have appeared opportune in the meantime, can issue a decree of definitive approval of the association statutes or, should it deem it more pertinent in the face of changes to the text of the statutes, renew the approval ad experimentum for another reasonable period. As can be seen, with this administrative act, the Dicastery for Laity, Family and Life exercises ecclesiastical power of governance (cf. Ap. Const. Praedicate Evangelium Art. 134).

 

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