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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The Romanian canonist appreciates that the natural grounds consist in the necessity to model the ecclesiastical units according to the same natural laws that are used by all human communities, for their leading and organization.

The canonical grounds are included in the canons that mention the constitution of autocephalous Churches in the apostolic era 34th, 35th, 37th apost.

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: The Church must prove the stability in the right faith and it must keep unaltered the canonical and liturgical regulations of the Orthodox Church; 2. 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 and interests of Hellenism on all the continents [52].

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, Ecclesiastical legislation and administration, 2nd vol.

Truly, one canon, previous to the era of Ecumenical and local Synods canons, included the two words which the term of autocephaly was born from autoz and kejalhthat is the 34th Apostolic canon. 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]. 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.


A restraint autonomy is attributed to the different settlements or associations, irrespective of their rite, Latin or Byzantine. The autocephaly must be canonically conferred, i.

Drept canonic – OrthodoxWiki

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, busericesc as the personal independence, the social independence or the sovereignty under juridical aspect.

Considering the development of the ecclesiastical organization and its adaptation to the administrative organization of the state, we note that the Fathers of the Ecumenical synods affirmed the equality and independence of the greater autocephalous ecclesiastical units, without enjoying jurisdictional rights one towards another.

Notes and comments Canoanele Bisericii Ortodoxe.

Liviu Ddrept shows, standard autocephalous units [20]. 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.

Iorgu Ivan affirms, as a confirmation of the old custom at which referred the 6th can. Thus, the word autocephaly continues to appear in the lists of the seats from the canonical territory of the historical patriarchates, although they were modified in time.

Later, this term was misinterpreted by the Greek historians and canonists, exactly to justify their illegitimate pretentions of the Ecumenical Patriarchy on the jurisdiction of the entire Diaspora [33].

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 We find the historical ground for the constitution of the autocephalies in the ecclesiastical history and tradition, the whole ecclesiastical regulation being settled as customary law and then found in the text of the canons, precisely on the long practice basis.

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.

The ethnic principle — a divine and canonical fundament of the autocephaly and of the jurisdictional right over the own Diaspora. This fact is highlighted by the great canonist of the 13th century, Joannes Zonaras who, interpreting the 17th can. This synodal tomos is in the spirit of the 34th apostolic canon, being invoked the 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.

These jurisdictions attributed to the Constantinopolitan seat is explained by the fact that, being in the capital of the Empire, it had a small diocesan jurisdiction, considering it necessary to increase the jurisdictional territory, corresponding to its dignity of patriarchal seat of the imperial capital. The same manner, the bishops are not allowed to ordain outside their diocese 35th apost.


Thus, although the term of autocephaly does not appear in canons, not being used in the first centuries, the autocephaly manifested itself through time in different manners [16].

Drept canonic

In case of disagreement between the autocephalous Church and the one that asks for autocephaly, it can be made an appeal to a pan- orthodox decision [59]. Although present in the life of the Church biericesc the rights of the autocephalous local Churches being mentioned in the text of numerous canons of the Ecumenical and local Synods — the term of autocephaly does not appear in any canon.

Besides these grounds there can be added some political grounds, i. This fact is expressed by the 2nd canon from the II Ecumenical Synod, which establish that all the Diasporas outside the Roman Empire to be governed by the bishops who had the respective area under their jurisdiction, before being occupied by the barbarians.

In this context, the Romanian canonist, Fr. The constitution of local autocephalous Churches in the ethnic framework is based on some grounds that can be natural, historical, doctrinal, dogmatic and canonical, as it is specified in Fr.

The existent situation in Catholicism does not justify the critic position towards the autocephaly principle in the Orthodox Church.

Another drrpt theologian of our Church, Fr. I ec; 2nd, 3rd cans. Not to respect the specificity of each nation, of its language and traditions is truly a trespassing of the divine regulation.

The divine authority of the principles established by the Holy Apostles in organizing and governing the Church cannot be put in doubt. It is recalled by Sozomen in the 4th century, showing that the hierarch of Tomis defended its independence of the the other seats, having all the rights of a metropolitan, without having though suffragan bishops. Thus, the autocephalous form of organization of the Church is a traditional form in the bosom of ecumenical Orthodoxy, asserting itself as the fundamental canonical-juridical institution.

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 Drrpt of Cyprus, which has remained autocephalous until nowadays 8th can. As the Romanian canonist Prof.