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In the exercise of her right and duty to promote the vocation to religious life and protect the right of those who are called by God to freely respond to their vocation, the Church has at the same time the duty to ensure that those who are called to the religious state live in accordance with its obligations. As such, the Religious Institute has the right and duty to discern this vocation and to ensure that only those who possess the qualities required are admitted and allowed to remain in the Institute, by thus living according to its charism and its discipline. It is therefore within this system of protection of the rights of the parties involved, namely the members and the Institute, that can. 700 of the current Code has its importance. In fact, by this norm, the legislator guarantees the respect for the rights of the religious affected and ensures that any possibility of arbitrary and illegitimate dismissal from the Institute be eliminated. The Institute also has the right to defend its decision to dismiss a delinquent or incorrigible member, in order to protect its charismatic identity and its mission, and thus to protect the vocation of the members who remain. The norm of can. 700 provides therefore an effective remedy against possible cases of arbitrary and illegitimate dismissal, in particular, through the recourse with suspensive effect, first of all hierarchical, then jurisdictional contentious-administrative.
About the author
Raphael Mukendi Kadima is a religious missionary priest, member of the Congregation of the Immaculate Heart of Mary (CICM). He is a doctor in Canon Law, Pontifical Gregorian University. After his mission in Zambia and his studies in Rome, he served as Secretary General of his Institute, then Rector of the CICM Collegio Missionario in Rome. He is currently the Procurator General of his Congregation.
