In this issue of The Catholic Times is the abrogation of the “Directive for the Implementations of the General Instruction of the Roman Missal (GIRM) in the Diocese of Columbus.”
Abrogation is a formal way of saying that a law (or in this case a directive – more on that coming) is repealed. Derogation is the partial revocation of a law. Obrogation is the removal of a law through contrary legislation. Finally, subrogation is an addition to a law.
The diocesan bishop has executive power, judicial power and legislative power. He can exercise executive and judicial power through others, namely the vicar general and the judicial vicar, respectively. However, the diocesan bishop is the sole legislator of particular law in the diocese, and this power cannot be delegated.
One might ask whether a directive is a law. There is no “directive” in Canon Law, but its effect is one of an instruction or a general executory decree, which are administrative acts.
An instruction is not legislation but rather an administrative act that is meant to explain how to execute a law to those whose duty it is to do so. A general executory decree defines how a law is to be observed by all who are bound by it. Both an instruction and a general executory decree can be issued by an executive authority. (This is not to be confused with a general decree, which is a law and can only be issued by a legislator.)
This 2004 directive was intended to describe to the Christian faithful how the GIRM is to be implemented in the Diocese of Columbus. It was primarily directed to the priests and pastors who were responsible for the implementation of the third typical edition of the Roman Missal in their parishes, so in that sense it has the character of an instruction.
The General Instruction of the Roman Missal is called an instruction. As we saw above, one would believe it to not be a law. In actuality, the GIRM is translated as “general instruction,” but is true law and the Latin is Institutio Generalis Missalis Romani. That is translated into English as General Instruction of the Roman Missal. It is translated as “instruction,” but the word institutio (which is a law) should not be confused with an instruction (instructio), which is a different administrative act with lower juridical weight than legislation.
The General Instruction of the Roman Missal is legislation. (There is also a General Instruction of the Liturgy of the Hours that is law, too.) An instruction or a general executory decree is an act of executive power and is subordinate to legislation. If something in the instruction or general executory decree were to contradict a law, it would not have binding force.
This 2004 directive was from the diocesan bishop, and he expected it to be a source of clarity for the implementation of the GIRM in this diocese. Just because it is not a law does not mean that is does not need to be followed. The expectation is that it is to be observed.
The directive in question describes how the GIRM was to be applied in the Diocese of Columbus; it was useful and necessary for that period of time. Father Paul Keller, OP has taken up some of the liturgical reasons behind the abrogation (see article below), so I won’t repeat them here.
One might wonder about the purpose of even acknowledging a 20-year-old directive that few knew existed. Just because legislation or in this case instructions or directives fall out of memory doesn’t make them less necessary or less applicable even after the authority who issued them is out of office.
Each diocese has its own particular laws, instructions, executory decrees, directives, policies, protocols, etc. that are meant to be followed for the good of the people of God in that diocese. If something is no longer applicable, it should be replaced with an appropriate legislation or administrative act so that there is clarity and unity.
The directive helped in the implementation of the GIRM. Now that we have the benefit of time and other ecclesial documents, this directive could instead be a bit of a source of confusion.
In this case, there are many priests, deacons and lay faithful who might have remembered this well. There are some who never knew it existed. Since we all celebrate the Mass or assist at Mass each week, it’s important for everyone to know what the current expectations are.
To that end, rather than explaining those expectations with a new instruction, the decree simply stated that the documents promulgated since the Third Typical Edition of the Roman Missal for the Universal Church are sufficient.
Father Michael Hartge is Moderator of Mission Advancement and Vicar General for the diocese.
