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Congregation for the Doctrine of the Faith
Agendi ratio

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III. Ordinary procedure of examination

Art. 8.  An ordinary examination is used when a writing appears to contain grave doctrinal error, the identification of which requires attentive discernment, and the possible negative influence on the faithful does not seem to involve particular urgency.  The examination is structured in two phases: an internal phase of preliminary investigation undertaken within the Congregation9 and an external phase involving the presentation of objections to the author and subsequent dialogue10.

Art. 9.  The Congresso designates two or more experts who examine the text in question, give their opinions, and evaluate whether it is in conformity with the doctrine of the Church.

Art. 10.  The same Congresso appoints a relator pro auctore, who has the task of illustrating, in a spirit of truth, the positive aspects of the teaching and the merits of the author, of cooperating in the authentic interpretation of his thought within the overall theological context, and of expressing a judgment regarding the influence of the author's opinions.  For this purpose, the relator pro auctore has the right to examine all the acts relative to the case.

Art. 11.  The Office Report, which contains all the information relevant to the examination of the case (including the antecedent elements), the opinions of the experts and the presentation of the relator pro auctore, is distributed to those who will take part in the Consulta.

Art. 12.  The experts who had submitted opinions on the text can also be invited to participate in the Consulta in addition to the Consultors themselves, the relator pro auctore and the author's Ordinary (who cannot be substituted by another and is bound to secrecy) 11. The discussion begins with an exposition by the relator pro auctore, who makes a comprehensive presentation of the case.  After him, the author's Ordinary, the experts, and the Consultors each express their own opinion, orally and in writing, on the content of the text under examination. The relator pro auctore and the experts may respond to the observations and offer clarifications.

Art. 13.  When the discussion has finished, the Consultors alone remain in the room for the general vote on the outcome of the examination, aimed at determining whether doctrinal errors or dangerous opinions have been found in the text, and specifically identifying these in light of the different categories of truth-propositions found in the Professio fidei12.

Art. 14.  The entire file, including the minutes of the discussion, the general vote and the opinions of the Consultors, is submitted to the examination of the Sessione Ordinaria of the Congregation, which decides whether to present objections to the author, and if so, on which points.

Art. 15.  The decisions of the Ordinary Session are submitted to the consideration of the Supreme Pontiff13.

Art. 16.  If, in the prior phase, it was decided to proceed to a presentation of objections, the author's Ordinary or other concerned Ordinaries, as well as the competent Dicasteries of the Holy See, are informed.

Art. 17.  The list of erroneous or dangerous propositions at issue, together with an explanatory argumentation and the documentation (reticito nomine) necessary for the defence, are communicated through the Ordinary to the author and his advisor, whom the author has the right to nominate, with the approval of his Ordinary, to assist him.  The author must present a written response within three canonical months.  It is appropriate that, together with the author's written response, the Ordinary also forward his own opinion to the Congregation.

Art. 18.  The possibility is also foreseen of a personal meeting between the author, assisted by his advisor (who takes an active part in the discussion) and delegates of the Congregation.  In this eventuality, the Congregation's delegates, who are appointed by the Congresso, are to keep minutes of the meeting, the text of which is to be signed by them, by the author and by his advisor.

Art. 19.  Should the author not send the written response, as is always requested, the Sessione Ordinaria of the Congregation takes the appropriate decisions.

Art. 20.  The Congresso examines the written response of the author as well as the minutes of any meeting that has taken place.  If this examination reveals truly new doctrinal elements requiring further evaluation, it is then decided whether the question should again be presented to the Consulta, which may be expanded to include additional experts, among these the author's advisor, appointed in accordance with art. 17.  Otherwise, the written response of the author and the minutes of any meeting are submitted directly to the judgment of the Ordinary Session.

Art. 21.  If the Sessione Ordinaria decides that the question has been resolved positively and that the response is sufficient, the process does not go further.  Should this not be the case, adequate measures are then taken, also for the good of the faithful.  Moreover, the Sessione Ordinaria decides whether and in what way the results of the examination are to be made public.

Art. 22.  The decisions of the Sessione Ordinaria are submitted for the approval of the Supreme Pontiff and then communicated to the author's Ordinary, to the Episcopal Conference and to concerned Dicasteries.

 




9 Cf. nn. 8-15.

 



10 Cf. nn. 16-22.

 



11 Cf. Ap. Const. Pastor bonus, art. 12: AAS 80 (1988) 855.

 



12 Cf. AAS 81 (1989) 104ff.

 



13 Cf. Regolamento proprio della Congregazione per la Dottrina della Fede, art. 16 § 2 and art. 77.

 






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