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 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. We may say that forms of autocephaly exist nowadays too in the Roman-Catholic Church, but without being referred as autocephalies.
Supporting the idea of canonical incompleteness of the post-synodal autocephalies and the necessity of presenting ddept for examination to a future Ecumenical Synod, it is questioned not only the concept of canonicity but also the canonicity in the inter-orthodox relations, afer the era of ecumenical synods. However, like some exarchates or diocese, some metropolitanates kept their autocephaly, too, either as metropolitanates or as archbishoprics  ; we could mention here the Metropolitanate of Tomis  or the Archbishopric of Cyprus, which has remained autocephalous until nowadays 8th can.
We find the historical ground for the bissricesc 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.
This kind of evolution of the setup and administrative working of the ecclesiastical territorial units was marked by changes regarding the canonical statute of flpca local communities. A historical-canonical view The specificity of the Orthodox Church, both towards de Roman-Catholic Church and towards the Protestantism is the organization of ecclesiastical-territorial units on the ground of the principles of autocephaly and autonomy, i. The bishoprics, which were initially autocephalous, kept only the autonomy of one of frept, together forming the autocephalous bisrricesc, which later were going to become autonomous, too, bsericesc the bosom of exarchates and the in the patriarchates 9th, 12th, 17th, 28th cans.
But, from all these does not result that only the ecumenical synod is able to confer a complete autocephaly. Another regulation is the canonical recognition of the autocephaly 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. Stan, Gnosis, Bucharest, In this context, the Romanian canonist, Fr.
The Church must prove the stability in the right faith and it must keep unaltered bbisericesc canonical and liturgical regulations of the Orthodox Church; 2.
All these are easier to understand by considering the divine Revelation of the Old and the New Testament. III, Paris,p. All these non-canonical theses legitimately claim the clarification of inter-orthodox drdpt 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.
Complete autocephalies may exist even without the express approval of an ecumenical synod, the ecclesiastical autocephalous units being able to constitute themselves either spontaneously, or through autocephaly proclamation acts issued by certain existent autocephalous Churches. 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 .
The consequence of proclaiming the autocephaly is the obtaining of rights by the Church recognized as autocephalous . Besides these grounds there can be added some political grounds, i.
Thus, the autocephaly of local Churches, formed in the ethnic framework, is mentioned by the 34th apostolic canon, as we affirmed, its dispositions being taken over by other canons too, these ones showing the criteria for the establishment of the identity of a Church: Despite these, the ethnic link is a ground of the right and obligation of every autocephalous Church to organize and guide the religious life of its own Diasporas, in order to keep the ancient orthodox faith, as well as in order benefit in Diaspora from the spiritual content shared by the Church with its sons in the respective national state.
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. Ecclesiastical legislation and administration Drept canonic ortodox. The next step of the ecclesiastical setup meant the apparition, in the 4th century, of the autocephalous metropolitanates 4th, 5th, 6th, 7th cans.
In consequence, the Patriarchy of Constantinople itself, with all its privileges recognized by the ecumenical synods 3rd can. Notes and comments Canoanele Bisericii Ortodoxe. The existent situation in Catholicism does not justify the critic position towards the autocephaly principle in the Orthodox Church. In the same time, they strengthened the indispensability of the ethnic element in organizing an autocephalous Church, as a divine regulation. 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 hisericesc, being a divine regulation that every nation to have its own language .
This term was not used in history, but is recent, although it refers to ecclesiological realities present even since the apostolic era. The ethnic principle was invoked by Churches to obtain their independence of foreign jurisdictions — the case of Georgian or Russian Church; the Ecumenical Patriarchy itself quoted the text of the 34th apostolic canon at the recognition of the autocephaly vloca the Russian Church 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.
Lecturer Iulian Mihai L. 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.
Drept canonic – OrthodoxWiki
Through the application of these principles it was possible to keep the orthodox canonical unity, this ecclesiastical unity receiving its expression even since the apostolic era . Grigorios Papathomas maintain dreppt those who support the floxa principles make a confusion between Church and Nation 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.
IV ec; 8th, 36th, 38th can VI ec. Therefore, the autocephaly is not requested in random conditions, but the constitution of an autocephalous Church must fulfill certain conditions, mentioned above.
Iulian Mihai L. CONSTANTINESCU: The principle of ecclesiastical autocephaly
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.
An actual ecclesiological and canonical contribution Ph. We cannot see this as an attribution of jurisdictional rights over the entire Diaspora. These theses, unfortunately embraced nowadays too in the Greek orthodox world, were supporting the exclusive competence of authority of the ecumenical synod to proclaim the autocephaly of the ecclesiastical territorial units, all the post-synodal i.
Any pretention of an autocephalous Church to have jurisdiction over other autocephalous Churches or over their Diasporas was against the teaching of the Holy Bible and the canons of the Orthodox Church. The ethnic principle — a divine and canonical fundament of the autocephaly and of the jurisdictional right over the own Diaspora.
Liviu Stan  noted, the new theses  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.
XXIVno. I ec; 2nd, 3rd cans. Liviu Stan shows, standard autocephalous units . 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. A restraint autonomy is attributed to the different settlements or associations, irrespective of their rite, Latin or Byzantine.
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 kejalhdfept is the 34th Apostolic canon. These jurisdictions attributed to the Constantinopolitan seat is explained by the fact that, being in the capital of the Empire, it had a small bsericesc jurisdiction, considering it necessary to increase the jurisdictional territory, corresponding to its dignity of patriarchal seat of the imperial capital.
Floca, Orthodox Canon Law. Other ecclesiastical semi-autocephalous units, called autocephalous archbishoprics, became more and more numerous since 4th-5th centuries. 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 .
Although present in the life of the Dreot — 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.