Translate

quarta-feira, 15 de abril de 2015

THE CONTROVERSY OF THE FSSPX IN ARGENTINA: THE ATTORNEY RESPONDS

ÍTHE CONTROVERSY OF THE FSSPX IN ARGENTINA: THE ATTORNEY RESPONDS
 translated by Michael Fuller



(Note from blog: This Argentine lawyer has made an assessment of the situation, which has been confirmed by two other attorneys before posting.  Note that the source is not a resistance source but is a friend blog of Rorate Caeli and is often cited by them.  The attorney wishes to maintain his anonymity, which does not invalidate any of his claims.  The site that this was taken from is operated by a handful of priests, some of them diocesan and some with the FSSP. In the section of authors on the site (Adelante la Fe) you will see pictures and short bios about the contributors of the blog.  I do not agree with the author's ideas, that he may or may not have, regarding religious liberty or the SSPX being outside the Church.  I only publish this translation because of the controversy that has arisen and the attempt by others to attack this attorney's claims on the mere pretext of his anonymity.  If what he has stated is completely true regarding the legal analysis and details that show that Rome and Menzingen have collaborated in leaving the SSPX in Argentina in a checkmated position, then it must be published. His anonymity is a mute point.  Initials suffice.) 


Note from Adelante la Fe: The author of the legal analysis about the legal approval of the SSPX, who remains anonymous besides belonging to the Argentine judiciary system, brings us this text in response to many of the questions and issues that his article had raised, as much as from commentators as from numerous media where it has been reproduced.





Cardinal Poli: the SSPX “... is a juridical person within the Apostolic Roman Catholic Church, in conformity with the rules of the Code of Canon Law ..."

This was written and signed by Cardinal Mario Aurelio Poli in the presentation in File 9028/2015 of the Registry of the Ministry of Foreign Affairs and Religion of Argentina.

At the request of the director of the web page to make an analysis of the recognition -made by the Resolution 25/15 of the Ministry of Religious Affairs of Argentina- of the SSPX as a part of the Catholic Church, first I made a quick, brief comment which was placed with more detail, then a detailed analysis of a technical nature (if the term is suitable) and then another analysis, also quick, regarding the impact of the media- which the editor placed as a new update.

I confirm the content of what I wrote about in the legal analysis.  And also the speculations in the extensions, but they do not have anything to do with the technical analysis, rather they are derived from the interpretation of the facts.

It is worth clarifying that, beforehand, I did not harbor any dislike for the SSPX, which I believe will be in the great history of the Catholic Church for preserving the great treasure of Tradition.  The SSPX is not established in the place where I live, but I went to the church on calle Venezuela [street] in Buenos Aires, where I also acquired several books that cannot be found elsewhere.

Given the virulence of some comments I must clarify some points, knowing that the law, generally, is controversial and even the wording of clear and explicit legal rules are debated.

Is the Catholic religion the official religion of Argentina?

The National Constitution in art.2 speaks of the support of the religion. After the 1994 reform, the catholicity of the President is no longer a requirement, and neither is the requirement of the native Indians to convert to Catholicism – a completely anachronistic law-. There is no express provision to declare as such, except for a theocratic state (eg. Iran); I do not think we can find states with an official religion, if we use that requirement. The official site of the Argentine government would support whoever objects to the character of the official religion of Catholicism.

For decades, Dr. Germán Bidart Campos, the country's most prestigious constitutionalist, maintained the theory that Catholicism was the official religion and even considered it set in stone (i.e. unchangeable for a new Constitutional Convention). Today it is undoubtedly controversial. I repeat: the Catholic Church has a unique legal status in the Civil Code and remains in the new reformed code at any time to be enforced, which earned criticism from progressives.  But the laws of the civil code are not only a demonstration of this, but also the salaries of the Bishops, of the controversial tax exemptions -income tax, the existence of chaplaincies (with salaries of priests) in federal and provincial police, the Argentine Army, the Argentine Navy, the Air force, Prefecture, the Gendarmerie, the Federal Penitentiary Service, public hospitals, etc., with the construction of chapels on their land and religious images in their offices.  There are also religious images in judicial offices and other administrative entities. The President swears by a Christian formula and to the Holy Gospels.  All other religions have absolute freedom to preach, but none of them have been granted any official recognition of their activity [as has been the case with the Catholic religion].

On national holidays the official authorities of the Nation and the Provinces attend the Te Deum in the respective cathedrals, the most significant of these being the one held in the Metropolitan.
The issue is controversial, but it is official, "informal" or privileged, the Catholic religion has an absolutely different status from the rest of the thousands of religions recognized in the Nation. Simply enter the website of the Ministry of Religious Affairs to check.  Yes there is absolute freedom of religion, and this is a fact that will be of much use.

Is Resolution 25/15 a simple administrative procedure?

Legally it is an act of Public Administration, but not a mere formality, since it is declaratory of an existing reality and not constitutive of a new reality.  If I create a banking company and would like to start operating as a bank, I should establish the juridical person, it would be authorized by the General Inspectorate of Justice and the Central Bank, and then it would just begin to exist, at the opening of the doors of my financial institution.

Resolution 25/15 recognizes a preexisting reality, based on the Concordat between Argentina and the Holy See, approved by Law 17.032, plus the rules cited in the resolution (Law 24483 and its regulatory decree). The International Treaty between Argentina and the Vatican over its regulatory laws are clear: Argentina only allows itself to recognize an existing juridical person within the Catholic Church.

Consider art.3 paragraph f of Regulatory Decree 491/1995 (cited as the basis of Resolution 25/2015). They may enroll in the REGISTER OF INSTITUTE OF CONSECRATED LIFE: f) Other juridical persons recognized as such by the competent ecclesiastical authority and by its likeness and analogy with the above are admitted in the Register by reasoned decision of the authority of the application (emphasis mine).

Our country asks for input from a series of documents authenticated by official bodies of the Church itself and the endorsement of the local bishop, in this case Cardinal Mario Aurelio Poli, who flat out said in his presentation (transcribed in the fundamentals of Resolution 25/15) that said Society is accredited the character of a public, juristic person within the Apostolic Roman Catholic Church, in conformity with the rules of the Code of Canon Law.

I reiterate: Archbishop Poli, successor of the Apostles and member of the College of Cardinals, said in his presentation to the Ministry of Religious Affairs, that the SSPX is a public, juridical person within the Church and in conformity with the rules of the Code of Canon Law. Ergo, it has a regular canonical status as a public entity within the Church, and it is of a public character, -and not a mere association of faithful- which is consistent with the statement of the official website of the SSXP South America: “The Society of St. Pius X was founded in 1970 and its statutes were approved on November 1st of that year by Bishop Charriere, Bishop of Fribourg (Switzerland). Like any other congregation, the Society of St. Pius X was erected as a congregation of diocesan right. Its foundation does not date from 1988 and it is not linked to any suspicion of illegality".

Consequently, the resolution of the Argentine State is not only important because of what it says, but because it proves indirectly that for Archbishop Poli the SSPX is a juridical person and in good standing in conformity with the rules of Canon Law, whose scope is universal.

Again I say that the resolution has canonical consequences, despite the communiqués that state the contrary, unless these things, against any Logic, can exist and not exist at the same time.

Was this recognition necessary for the operation of the SSPX, which it qualifies as a purely administrative procedure?

From the statements of the DICI agency linked to the SSPX, it is worth noting that in Argentina there is freedom of religion and that the operation of schools, hospitals, or any other work intended for the common good may well be conducted as a civil partnership.

At best in this regard, we have the example of the case of the Universidad Austral that is a civil association without a legal link with Opus Dei, nor the Catholic Church, despite several of its members expressly acknowledging that they belong to the Prelature. This civil association had no impediments to achieve important public and private grants, and sustains a premier University with a prestigious University Hospital.

A substantial difference -which the Resolution 25/15 expressly refers to- is the exemption from income tax, but ultimately a completely material and worldly type of question order which did not justify such a turnabout in the relationship between Church and SSPX. Can we assume that this administrative act had a merely material purpose? No way is this possible knowing the difficulties endured for years by the SSPX for being outside the Catholic Church. (note from translator: the SSPX was never outside the Church, remember that this article is translated from an Ecclesia Dei source)

Was it a routine administrative procedure?

Definitely not, but this is supposing that it was illegal. Yes it was an extremely rapid process, where in less than a month the case was initiated and approved, despite requiring extensive documentation, having to be certified and translated into the national language, besides the normal time evaluation of the administrative body to resolve accordingly.

If you enter the website of the Ministry of Religions it will be noted, by way of example, that the "Dominican Sisters of the Immaculate Conception" began the record in 2000 (no. 22277/00) and obtained a favorable resolution in 2005 (No. 1475/00, dated 06/27/05).  On the same date, the Redemptorist Missionary Sisters were enabled, whose record dated from the previous year (no. 25213/04).  In this regard, you can consult the Official Gazette where bothresolutions were published.

If you are interested in knowing the list of all the Institutes of Consecrated Life and administrative procedures, you can enter this website.  This list is also proof of the dissimilar treatment that is given to the Catholic Church.

By way of conclusion

The importance of this resolution is shown in that, officially, the Archbishop of Buenos Aires recognizes the SSXP as a juridical person under public law within the Catholic Church, with a regular canonical condition.

Furthermore, as happened many times in questions dealing with common law (mainly in sensitive and controversial issues), it is a matter of an important precedent (leading case) of great value, that in some way may go unnoticed in the Universal Church.

I know nothing of the scenes of the case.  Whoever wants to know more can enter Panorama International Catholic, a site that I highly regard.  Sure, I can speculate on serious grounds, from the analysis of the legal act, about the documentary records that are invoked, about the formalities of other Institutes of Consecrated Life and tight deadlines, that it is a matter of something previously agreed and arranged in its presentation, impossible without the consent of Rome and Ecône.


H. T. (Argentine Attorney)


SEE first responses here

28 comentários:

  1. Este comentário foi removido por um administrador do blog.

    ResponderExcluir
  2. Everest Base Camp Trek is one of those journeys that

    create your vacation dreams return true. Hiking on the legendary foothills just under the mighty Mount

    Everest 8848m with exciting views of the master peaks will solely be found within the Everest Region. This

    celebrated trek is thought worldwide for its trailblazing routes & the landscapes speak to your senses. On

    this trip you furthermore Mera peak out at the celebrated Kala Patthar (5,600m/18,373ft) read purpose for a

    few grand direct views of the very best mountain in the world. Everest Base CampTrek additionally includes different

    celebrated eight thousand peaks like Mt mountain peak (8,516m /27,940ft), Makalu (8,485m /27,838 ft) Cho-Oyu

    (8,201m /26,906ft). The culture of this specific space is of nice notebook stuff & interacting with the

    native of us puts a lot of zest into your venturesome journey as you walk through the Khumbu region of the

    Asian country. This legendary path could be a psychological thriller for top & wild hikers World Health

    Organization want the tread the methods wherever legends walked before on their thanks to conquering

    mountain peak, some did some didn’t however the Everest Base Camp Trek path keeps those legends alive for

    many trekkers World Health Organization head to the present region. The trip begins with a stirring mountain

    flight to Lukla, one among the world’s highest mountains; & as shortly as you set down at that altitude, the

    remainder is history. Your hike takes you to the favored village city of Namche, referred to as the ‘gateway

    to the Khumbu’’ & from there on you rehearse quiet monasteries with the acknowledge Sherpa of us World

    Health Organization inhabit this region & their culture is price noting. On the way, we have a tendency to

    visit the Sagarmatha parkland, home to some rare fauna & flora, this additionally wherever we have a

    tendency to adapt for a few time. We head deep into the Khumbu hiking into the forest of shrub, birch trees

    & pine, with colorful villages wherever we have a tendency to square measure sincerely welcome by the Sherpa

    community. we have a tendency to square measure pleasantly stunned to return across a hospital-based mostly

    in Khunde and health post at Pheriche that shows this region not solely cares for the locals however also

    are able to look out of trekkers World Health Organization have altitude issues. Doctors square measure

    invariably at the post for aid treatment. The Everest Base

    Camp Trek
    is arduous however varied teahouses square measure found on the paths providing smart grubbed

    to shelter from the generally harsh climate. Our trek culminates at base camp so we have a tendency to

    create a path for Namche as we have a tendency to hike back to Lukla to rendezvous for our flight to

    Katmandu. we have a tendency to add an additional contingency day for inclement weather which will delay

    flights. It’s recommended to be pretty acceptable to undertake this journey; you only want some smart hiking

    exercise before doing this trip. And Nepal Base Camp Treks can do the remainder to allow you AN action-

    packed odyssey of a period.

    ResponderExcluir
  3. Why Trekking in Nepal Nepal?, a land of high hills, mountains, raging rivers and verdant deep jungles of Terai & its rich lifestyle makes one of the most sought locations inside the map of the world. a destination for all season as it's miles one of the most numerous and varied international locations on this planet a unique us of a nestled inside the excellent snow capped variety is some other advent of the mom earth and it embraces worlds' 8 highest peaks from mt.everest, mt.kanchenjonga, mt.lhotse, Makalu, Cho Oyu, Dhaulagiri, Manaslu to Annapurna massive. nepal is likewise the beginning location of Buddha (light of Asia). The Buna Treks is Local Base Under Nepal Government Trekking Agency in Nepal. blessed with wealthy nature, the brilliant Himalayan in Nepal range stretches from the far north-west to the way east where the worlds highest 8th eight-thousanders are in Nepal. nepal gives a enthralling adventure with enough time to wonder the encompassing beautiful landscapes and immerse with its warm human beings, imparting you full of range and enchantment from the low lands of Gangetic plains and its verdant dense jungle where the endangered species of Royal Bengal tigers and the one-horned rhinoceros roam, to the mythical yak and yeti trail to Everest.as the adventure and leisure tourism was hooked up in view that late 1960 and 70’s quality travel & trekking enterprise have mushroomed by using a tourism professionals Nepalese, and were leading countless of adventure trips in the course of Himalaya consisting of rafting, mountain climbing also organize adventure trekking, and entertainment trips which includes tailor-made itineraries for own family, college companies and company executives. Many of Trekking Company in Nepal are not perfect trip dealing, they have not enough Experienced. Trekking in Nepal, Nepal is domestic to community of trails also known as the amazing Himalaya trails, an extensive trail gadget that covers Nepal from humble and Darchula within the west to Kanchenjunga in the east. the range of Trekking in Nepal cannot be located in any other location of the world. in fact, the lowest factor in Nepal is fifty-nine m above sea-level inside the terai location even as the very best point is Everest, eight,848 m above sea-level, the two factors are, in a direct line, most effective two hundred kilometers aside. the majority of visitors to Nepal are available through the Tribhuvan international airport in Kathmandu. it's far in Kathmandu that trekkers want to accumulate their permits and other documentation, both from a trekking agent or from the best places of work. those files will be checked along the hiking route. for people with little time to spend in Nepal, there are half of-day hikes from Kathmandu to witness breathtaking Himalayan Trekking in Nepal perspectives in any other case trek for weeks over stunning tough mountain passes. as much as the mid-1960s just a few trekkers had generally visited Nepal and lower back then as part of corporations of excursion fans. the various huge expeditions of the day recommended trekkers to join up in an try to help balance the investment.

    ResponderExcluir
  4. Trekking in Nepal is one in all the favored commercial enterprise activities in Nepal trekking is one in all the simplest means of experiencing the natural beauty and wealthy cultural
    heritage of Nepal. Nepal treks offers snow capped views of Nepal Himalaya, stunning landscape, totally different ethnic teams & their traditions, welcome, lush valleys through forests of bush, bamboo, oak, and hemlock, visiting one or 2 villages to next trekking destination. Nepal isn't merely walking hiking sooner or later when another, it's rather a gradual means of experiencing of Nepal's diversity in terms of earth science, people, faith and a large vary of culture. Shiva Excursion is Local Trekking Agency in Nepal may be each day hike to nduce to the highest on a mountain or a ridge for the spectacular views of mountain chain peaks or it may be a hiking for a month passing through villages within the shadow of lofty snow peaks, valleys, notch experiencing wealthy culture, custom and also the impressive views of the Himalaya in Asian nation. the target of Trekking in Nepal isn't simply the actual destination, however the journey itself. You travel at a modest pace, observant nature, rural communities, and spectacular mountain panoramas whereas you're trekking in Himalaya . Shiva Excursion old trekking guide can lead for path finding an introduction to the native individuals, culture, faith and mode. Under Nepal Government License holder Trekking Company in Nepal which is lead by Over 20 Years Trekking and Tour Operation Highly Recommend Everest Base Camp Trek and Annapurna Base Camp Trek. Because these Trip are most Popular and Challenging and top Destination in Nepal. Most of the Adventure, Moderate, and Easy hiking and Hard Passes Organized in Nepal. not that much enough some of Top Peak Climbing as Island Peak Climbing, Mera Peak Climbing, Lobuche Peak and Many others real adventure path of Nepal. In Nepal More then 3000 threkking Agencies and all are competion for the business sector. Some one selling cheapest and some one selling top and quality service. those Agencies as over 30% are fake travel dealing.

    ResponderExcluir
  5. Are You looking for Trekking in Nepal? If you haven't, then you're seriously missing out! Not solely is it a fine looking journey, however it additionally Journey Nepal Adventure Leaking. The land of the Himalayas, Nepal presents wonders that area unit breath-taking. From the chain of mountains landscapes to the wealthy cultural attribute, trekking in Nepal is really a wonderful deed. Visit lovely ethnic chain of mountains settlements and villages. visit destinations at beautiful watercourse valleys hard boring distinctive terrains. Walk on winding trails passing through heavenly alpine forests and inexperienced pastures. Trekking in the Himalayas may be a marvel that's undeniably awe-inspiring! Best Trekking in Agency Nepal holidays square measure fearless leisure pursuits for people that need some ‘real fun’ in their hard-earned break. Trekking and hiking, a journey on foot to mountainous areas are analogous to hiking, except treks cowl a bigger distance. The Kingdom of Nepal offers a spread of each technical and nontechnical walks across its fantastically numerous tract. because of its growing quality among hikers and trekkers, the Kingdom of Nepal at this time is witnessing a
    boom within the business enterprise trade for trekking and hiking. The Journey Nepal Adventure is Small Business Trekking Agency in Nepal, which is Self Guide and Tour Operator has Been setting Local Running Trekking Company in Nepal. All Professional and Mountaineering Staff and well Training Base Himalayan kingdom of Nepal.Are You
    Looking For Best Trekking Agency in Nepal
    Journey Nepal Adventure Pvt. Ltd. is government register agency (licensed Mountain Guide team) in the Nepalese Himalayas Ranges… After working 10 years (since 2008) on the tough trails for several years as a mountain staff crew, and working so hard to develop our fluency in English languages, We became a guide in the year 2008 to 2016. We have spent the past 10years as a professional Himalaya
    trekking guide, working for several Popular Trekking Company in Nepal; we have now decided to work as an independent guide and self-leading to provide all our
    national and international clients, who like to enjoy their Himalaya trekking holidays tour with us (https://www.journeynepaladv.com)

    ResponderExcluir
  6. Namaste Dear Valuables Trekkers and Climber Well, Adventure Everest Team is Mainly Organized Peak Climbing and Everest Expedition in Nepal and also those where are most popular Trekking Route as well. The Basically Everest base camp Trek, Everest Chola Pass Trek and Gokyo LakeTrek, Everest Three pass trek, Phaplu to Everest Base Camp and Everest Panorama Trek. These trip are most popular and Best Hiking in Nepal. the Trip start from lukla to Lukla or phaplu to all the way up everest base camp return to lukla fly back to Kathmandu.
    Adventure Everest Team is local base and Under Nepal government license holder Trekking Agency in Nepal which is more the 20 Years Experienced in this tourism industry. Base Full Board Packages Selling and Mostly Organized Peak Climbing Expedition in nepal. The Island Peak Climbing, Lobuche Peak Climbing, Ramdung Peak Climbing, Amadablam Expedition in nepal. there are not that lead to Adventure type of Expedition. we do have Mt Everest Expedition, Lhotse Expedition, Pumori Expedition, Nuptse Expedition, Barutse Expedition and Many Others Expedition in Nepal. these all trip are east part of Nepal. Mr Kul Bahadur Tamang run by Local Trekking Company in Nepal. as Professional team and Most of the Climbing guide are already maded Everest Expedition and over 8000 meters. and license holder Mountain Guide. Generarly Mr Kul run Hotel in Dingboche Good luck make happy to all of Clients and combine both Trekking Company in Nepal. The main aim is how to make happy all of valuable clients those who are travelling in Nepal. Secondary trip selling in Annapurna Region which is most popular trip Annapurna Base Camp Trek, mardi himal trek, Annapurna Circuit trek, Manaslu Circuit Trek, manaslu Tsum Valley Trek, Upper Mustang Trek, Kanchenjunga Trek, Upper Dolpo trek and Rara Lake Trek. these trip is South Part of Nepal. Chulu West peak Climbing and Chulu East Peak Climbing is very general and Popular Trekking Peak Climbing in Nepal.

    ResponderExcluir
  7. 14 Days Manaslu Circuit Trek high light trekking route in Manaslu Trekking Packages, and magical beaten track of hidden Valley Manaslu Larke La Pass 5150m. After Annapurna Circuit Trekking Most of Trekkers are thinking about the round Manaslu Trekking. The Manaslu Circuit Trek is restricted area of Special Trekking Path in Nepal and day by day Trekkers Demand increased and also develops lodge accommodation and foods. There is some option if some of trekkers has more holidays and want to see nicer Himalayan tropical villages Monastery and Trans Himalayan people they can select Manslu Tsum Valley Trek. That can make both destination combined Tsum Valley and Manaslu Base Cam with Lark La Pass. The Manaslu Trekking is little more expensive than others Trekking Routes, Because those trekkers who are interest to go Round Manslu Larke la pass or Manaslu Tsum Valley they have to buy four type of Trekking Permits as Manaslu conservation area of Project (MCAP), Manaslu Restricted Permit, Tsum Valley Restricted Permit and Annapurna Conservation Area of Project (ACAP).
    Everest Trekking Routes has Professional Mountain Guide Team works with all Expert Local Porters those who are real typical himalayan people. our Expert Trekking Guide has well train and Best Packages Selling Trekking in Nepal. and now Highly Popular Manaslu Trekking which is short and suitable trip in Nepal.
    14 Days Manaslu Circuit Trek Start from Kathmandu to Arughat to Sotikhola by Public bus or Jeep and Trek to Machhakhola, Jagat, Filim, Deng, Namrung, Lho, Sama Gaun, Samdo, Larke La Pass, Bhimtang, Gho, Tilje, Dharapani and Drive to Besi sahar to Kathmandu. During this trip can get amazing Himalayan flavor with outstanding white Himalayan scenery which of eight top high peak Manaslu Expedition and Ganesh Himal, Singi Himal, Annapurna II, Annapurna IIII, gangapurna, Lamjung and Many Others Trekking Peaks. Everest Trekking Routes Selling 14 Days Manaslu Circuit Trek full board Packages Kathmandu to Kathmandu. If anyone interest can contact us directly thank you.
    Email: info@everesttrekkingroutes.com
    www.everesttrekkingroutes.com
    www.adventuremountainguide.net

    ResponderExcluir
  8. Namaste Dear Visitor, we are web design and development team of Ganesh Himal Technology Web Designing Company in Nepal. we are base Location at khusibu, Kathmandu Nepal. Nepal Under Government License holder Web Development Company in Kathmandu. So we start our business since 2008 to till as regular service to Web Designing, Web Development, Domain Registration, Web hosting, Content Writing and SEO Services for Trekking Agency, Hotel, Main Power, Collage, Consultancy, NGO and INGO many others sector. We have a Professional Team of Web Designer and Developer over 12 Years of hard work with the latest technology to development. not only competition local The the market we have the best services worldwide. which is more popular and new technology. So Ganesh Himal Technology serviceWeb Designing in Nepal. and Web Development in Nepal. and also Content writing in Nepal. and Domain registration, Web Hosting in Nepal. Mobile App Development as Android and IOS. we are using to Getaway Payment system E-commerce Solution for Online Payment. So if anyone interest to Web Design in Nepal. Please, no need hesitate to talk and enquiry. this is our official Cell no:+977-9843467921 and Email: info@ganeshhimaltech.com and Website: www.ganeshhimaltech.com

    ResponderExcluir