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  1. 1 Łódzkie Studia Teologiczne

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  1. 1 Trojanowski B.

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Prerogatywa diakona przejściowego do święceń prezbiteratu. Przyczyny i konsekwencje (kan. 1030 KPK)

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Trojanowski B.
Łódzkie Studia Teologiczne
|
2022
|
vol. 31
|
issue 2
145-157
EN
The legislator confirms the existence from God’s establishment of right of the faithful to the sacraments. This is due to their very nature. There is also the right of the faithful to freely choose their state of life. However, these laws do not prejudge the sacrament of Holy Orders. Because the Church must be free to choose candidates for ordination. Therefore, both the Code of Canon Law and the non-code documents before and after its promulgation confirm that there is no right to ordination. However, can. 1030 of the Code of Canon Law confirms that in a special legal situation there are transitional deacons who cannot be forbidden to ordain the presbyterate without a canonical reason. This legal status can be described as the “prerogative” of the transitional deacons. The reason for this special legal position is that justice is ensured in the Church and that there is no arbitrariness in decisions to admit to the presbyterate of transitional deacons who have been recognized as worthy of the diaconate, and no reasons have been found that would prevent them from receiving ordination to the presbyterate degree. The consequence of such a prerogative is the possibility of seeking justice through recourse prescribed by law.
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