Particular Councils and Conferences of Bishops in the 1983 Code of Canon Law

The fact that particular Councils have become something of a rarity over a considerable number of years would be difficult to deny. Having said this, however, it must be noted that the Conferences of Bishops have increased both in number and activity, throughout the world. The rareness in the Church of particular Councils seems to justify saying that Conferences of Bishops have come to assume the place of particular Councils. However, the draft statement on the authority and role of Conferences of Bishops, circulated by the Congregation for Bishops in 1987, explicitly enunciated that Conferences of Bishops are to be distinguished from particular Councils, and it referred to the Decree "Christus Dominus" nn. 36-38 of the Second Vatican Council as well as to the 1983 Code of Canon Law. Therefore, the contrary question arises, i.e., why Conferences of Bishops are not to take the place of particular Councils? In order to answer this question, two other questions can be specified, (1) what is the proper figure of particular Councils, and of Conferences of Bishops? and (2) what distinguishes, and what constitutes the mutual relationships between particular Councils and Conferences of Bishops? These questions establish the theme of this dissertation.

The dissertation analyzes the pertinent sources of the Second Vatican Council, i.e., the sources of the anteprepatory period (Chapter One), those of the preparatory stage (Chapter Two) and the Conciliar discussion and evolution as well as the final text of the Conciliar Decree "Christus Dominus" nn. 36-38 (Chapter Three). The second part of the dissertation examines some post-Conciliar documents (Chapter Four) as well as the preparation and final canons of the 1983 Code of Canon Law, especially cc. 439-459 and briefly c. 753 (Chapter Five). A sixth Chapter presents some essential elements of the theological foundation to the mainly juridical discipline, which emerges from the analysis of the pre-Conciliar, Conciliar, as well as post-Conciliar sources and documents, including the 1983 Code of Canon Law. Finally, the general conclusions present the characteristics which particular Councils and Conferences of Bishops have in common, their mutual relationships as well as their essential elements to serve a clear understanding of both institutions. This achieves an answer to the question: why Conferences of Bishops are not to take the place of particular Councils?

The permanent institutions of Conferences of Bishops are principally assemblies of Bishops whereas particular Councils, irregularly celebrated, are gatherings of Churches in which all components of the Church are present, i.e., the participation of Bishops as well as of all categories or the Christian faithful. Particular Councils and Conferences of Bishops are complementary instruments for fostering the good of the Churches, provided that their proper figure and specific competences are clearly distinguished and safeguarded.