Acta Benedicti Pp. XVI 689

cases as they arose, wished to ensure that nothing contained in it would give

rise to difficulties should appeals be lodged to the Holy See.

From these considerations, the following conclusions may be drawn as to

the nature of the Framework Document. On the one hand, it was an advisory

document designed to provide a uniform code of practice for individual

Bishops to improve child protection measures and procedures in their

Dioceses, and was recommended to them as such. On the other hand, from

a more strictly canonical viewpoint, it was not an official document of

the Episcopal Conference but a report of the above-mentioned Advisory

Committee, deserving of serious study and which could serve as a source

for the development of a more formal legislative project.

(b) Clarifications on the notion of "recognitio"

The Cloyne Report is incorrect in stating that "The Irish bishops sought

recognition from Rome for the Framework Document but it was not forthcoming"

(4.21). As will be clear from what follows, the Irish Bishops never sought

recognitio from the Holy See for the Framework Document.

To dispel misunderstandings, it may be helpful to clarify the canonical

notion of recognitio. Conferences of Bishops may propose canonical legislation

for their territories that is complementary with the universal law of the

Church. For this to be binding, there are procedures which must be followed

in order to enact the proposed legislation. In the Church, this procedure is

called recognitio.

The relevant norm is canon 455 of the Code of Canon Law which states:

"§ 1. The Bishops' Conference can make general decrees only in cases where the

universal law has so prescribed, or by special mandate of the Apostolic See, either

on its own initiative or at the request of the Conference itself. § 2. For the decrees

mentioned in § 1 validly to be enacted at a plenary meeting, they must receive at

least two-thirds of the votes of those who belong to the Conference with a delib-

erative vote. Those decrees do not oblige until they have been reviewed by the

Apostolic See (nisi ab Apostolica Sede recognita) and lawfully promulgated.

§ 3. The manner of promulgation and the time they come into force are deter-

mined by the Bishops' Conference. § 4. In cases where neither the universal law

nor a special mandate of the Apostolic See gives the Bishops' Conference the

power mentioned in § 1, the competence of each diocesan Bishop remains intact.

In such cases, neither the Conference nor its president can act in the name of all

the Bishops unless each and every Bishop has given his consent."