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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This synodal tomos is in the spirit of the 34th apostolic canon, being invoked biserices ethnical principle, all the arguments of the Ecumenical Patriarchy being used by the other autocephalous Churches as a ground for their right of jurisdiction overt their own Diasporas. Liviu Stan [3] noted, flofa new theses [4] issued at the half of the 20th century, besides their provocative character in Orthodoxy, ignored the dogmatic and canonical principles of the Orthodox Church, through these contesting the very canonicity of the proclamation acts of autocephaly by the ancient patriarchates.

Drept canonic – OrthodoxWiki

This kind of evolution of the setup and administrative working of the ecclesiastical territorial units was marked by changes regarding the canonical statute of these local communities. These principles were settled in the text of the canons, relevant in this sense being the 34th apostolic canon, which, besides other organizing and working principles of the Church e. The canonical regulations concerning the organization of an autocephalous Church were established in time, by ecclesiastical practice, being the true expression of the canonical and dogmatic principle established in canons, firstly in the text of the apostolic canons and subsequently through the authentic interpretation of these by the ecumenical and local synods in their canonical work.

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.

In this context, the Romanian canonist, Fr. In place of a conclusion: The dogmatic grounds have their source in the 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.

Iorga, Bloc A 53, Sc. The 34th apostolic canon expresses in a positive manner the importance of the ethnic principle as a fundament of the ecclesiastical organization and of the exercise of jurisdiction over the own Diaspora [39]. In the constitution of autocephalies there will be taken into account, besides the ethnic principle that must not be putted in doubt, other realities, too, as the geographical and political framework of the national or multi national biserlcesc.

This term was not used in history, but is recent, although it refers to ecclesiological realities present even since the apostolic era. In the same time, they strengthened the indispensability of the ethnic element in organizing an autocephalous Church, as a divine regulation.


Notes and biseridesc Canoanele Bisericii Ortodoxe. Iorgu Ivan affirms, as a confirmation of biseeicesc old custom at which referred the 6th can.

All these non-canonical theses legitimately claim the clarification of inter-orthodox jurisdictional relations, the precise distinction between autocephaly and autonomy, as well as the procedure of recognition and proclamation of the autocephaly of local Churches, independently constituted from the administrative-jurisdictional point of view, on a synodal-hierarchical basis.

The principle of ecclesiastical autocephaly and the problems of inter-orthodox jurisdiction. An actual ecclesiological and canonical contribution Ph. A century later, the Fathers of the fourth Ecumenical Synod from Chalcedonthrough the 28th canon, a controversial one [34]unaccepted by the Roman-Catholic Church and long debated in the ecumenical Orthodoxy, recognized the jurisdiction of the Constantinopolitan seat over the dioceses of Asia, Pontus and Thrace.

A restraint autonomy is attributed to the different settlements or associations, irrespective of their rite, Latin or Byzantine. These positions of Prof. Ant; 3rd, 6th Sard. Iorgu Ivan affirms, the family constitutes the ground of every nation and the language of every nation is a distinctive sign and a means of externalizing the religiosity, being a divine regulation that every nation to have its own language [31].

We respond here to the Greek theologian through the words of an authoritarian voice of the Orthodoxy from the 20th century, the greatest orthodox dogmatist of his time, Fr.

To this autocephalous ecclesiastical setup it is given an expression, it is canonically settled, in the text of the 34th apostolic canon, which includes the principle of autocephaly, too, being, in the 5th century, interpreted through the 8th canon of the 3rd ecumenical Synod Ephesus, and rediscovered in the canonical resolutions of the 4th ecumenical Synod Chalcedon, In consequence, the term autokejaloz autokejalon – used in biology acquires a new meaning, unknown by the profane speaking, which the social sciences used the term autonomia for, understood as the personal independence, the social independence or the sovereignty under juridical aspect.

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.

Therefore, the 34th apostolic canon the beginning of the 4th century includes the canonical principles of organization and working of the Church, two of them being the ethnic principle and the autocephaly. Even if after the agreement between the two local autocephalous orthodox Churches, the Ecumenical Patriarchy and the Greek Church, the Greek Diaspora is under the jurisdiction of the Constantinopolitan patriarchal seat, this does not mean that the Patriarchy of Constantinople has a jurisdictional right or a jurisdictional privilege, because of its honorific primacy in Orthodoxy 28th can.

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 principles of ecclesiastical organization and leading, together with the spiritual means at the disposal of the Church for the fulfillment of its existential purpose, were going to ensure, in time, the unity of the Church, with all the diversity of nations and languages of those who were becoming subjects of law in the Church, through the administration of the Holy Sacrament of Baptism.


The text of the canon shows expressly the jurisdiction of the Constantinopolitan seat over the three dioceses, as well as over their barbarian lands, that is over their Diasporas. XXIVno. These regulations were accepted through consensus Ecclesiae dispersae, showing here, briefly, some of the aspects of the necessary conditions for the canonical constitution of the autocephalous Churches: Despite these, as far back as from the apostolic age until the 2nd — 3rd centuries, the local Churches were ruled in an autocephalous manner by the bishops [14]subsequently the leadership of ecclesiastical units passing to the local, provincial synods 34th37th apost.

In this study we will evaluate ecclesiological-canonical and historical the canonical doctrine of the Orthodox Church, regarding the autocephaly, the manner of the constitution, on canonical bases, of the local autocephalous Churches, the problem of proclaiming the autocephaly and of the autocephalous Churches jurisdiction over their own ecclesiastical units in Diaspora, emphasizing the contribution of Romanian theologians and canonists in the inter-orthodox dialogue towards the canonical problems of great actuality.

The divine authority of the principles established by the Holy Apostles in organizing and governing the Church cannot be put in doubt. Liviu Stan shows, standard autocephalous units [20].

After the 14th century, as Fr.

Drept canonic

Besides these grounds there can be added some political grounds, i. Thus, the mother-Church, being co-responsible of maintaining the pan-orthodox unity and canonical order, it has to consult the other local autocephalous sister-Churches to see the opportunity of a positive settlement of the autocephaly demand.

Besides biserkcesc list of Saint Epiphanius and its subsequent versions, the term of autocephaly is mentioned by numerous writers in documents or official acts. Grigorios Papathomas maintain that those who support the ethnic principles vrept 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 an universal jurisdiction, the one of the Ecumenical Patriarchy.

Iulian Mihai L. CONSTANTINESCU: The principle of ecclesiastical autocephaly

We could say that with the same purpose — the defending of the interests of Hellenism — a decade later, inthe Patriarchy of Constantinople was retaking into its jurisdiction the whole Greek orthodox Diaspora, working nowadays, too, in tight cooperation with the Greek Church and with the Greek state to promote the values, traditions bisericeesc interests of Hellenism on all the continents [52]. Lecturer Iulian Mihai L.

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.