Canoanele si Dreptul canonic · The 32nd Canon of Quinisext Synod as an authentic interpretation of mike – 5 May 0 · Drept penal bisericesc. , –, –; Floca, Drept canonic ortodox, vol. II, p. .. Milaş, N., , Dreptul bisericesc oriental, Bucureşti, Tipografia „Gutenberg”. Milaş, N., 24 N. Milaş: Dreptul bisericesc oriental, p. 25 I.N. Floca: Drept canonic orthodox. Legislaţie şi administraţie bisericească. Vol. II. Bucureşti , p.
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Liviu Stan  noted, the new theses  issued at the half of the 20th century, besides their provocative character in Orthodoxy, ignored the dogmatic and canonical principles of the Orthodox Church, through these contesting the very canonicity of the proclamation acts of autocephaly by biserlcesc ancient patriarchates.
Other ecclesiastical semi-autocephalous units, called autocephalous archbishoprics, became more and more numerous since 4th-5th centuries. Thus, the autocephaly of local Churches, formed in the ethnic framework, is mentioned by the 34th apostolic canon, as we affirmed, its dispositions being taken over by other canons too, these ones showing drepy criteria for the establishment of the identity of a Church: These positions of Prof.
XXIVno. Thus, nowadays, we can see a painful aspect in the orthodox Diaspora — the disruption . In fact, even the Constantinopolitan seat recognized in the Tomos of autocephaly, on the ground of the 34th apostolic canon that the Churches organized in an ethnic framework, Churches that had been by then under the jurisdiction of Constantinople, now are independent and with their own administration, due to attainment of the autocephaly.
Thus, although the term of autocephaly does not appear in canons, not being used in the first centuries, the autocephaly manifested itself through time in different manners . LXXVno.
IV ec; 8th, 36th, 38th can VI lfoca. Thus, the mother-Church, being co-responsible of maintaining the pan-orthodox unity and canonical order, it has to consult the other local autocephalous sister-Churches to see the opportunity of a positive settlement of the autocephaly demand. We will mention below some actual aspects regarding the canonical territories of the autocephalous Churches and the application of this notion to the jurisdictions.
The bishop, being ordained for the local community, becomes biserjcesc testimony of the faith of his local community, being integrated in the Episcopal college and therefore he becomes the testimony of the entire apostolic teaching and tradition as the theologian W. The Romanian canonist appreciates that the natural grounds consist in the necessity to model the ecclesiastical units according to the same natural laws that are used by all human communities, for their leading and organization.
Therefore, this kind of position of the filo-constantinopolitan theologians is damnable as this kind of theologians advance the thesis of the effort of surpassing the national through universal, i. Likewise, the Constantinopolitan Church received privileges and prerogatives from the byzantine emperors, being an imperial city.
The canonical grounds are biserocesc in the canons that mention the constitution of autocephalous Churches in the apostolic era 34th, 35th, 37th apost. The greek canonist, Fr. Although there were — and still are — numerous dissension regarding the institution of autocephaly and the ecclesiastical jurisdictions, all canonists accept that the interpretation of the canons that concern the principle of autocephaly and the other principles in tight connection it can be realized only in the light of the historical data, data which must also be related to the orthodox canonical doctrine .
These jurisdictions attributed to the Constantinopolitan seat is explained by the fact that, being in the capital of floa Empire, it had a small diocesan jurisdiction, considering it necessary to increase the jurisdictional territory, corresponding to its dignity of patriarchal seat of the imperial capital.
Later, this term was bisericewc by the Greek visericesc and canonists, exactly to justify their illegitimate pretentions of the Ecumenical Patriarchy on the jurisdiction of the entire Diaspora . Iorga, Bloc A 53, Sc. In consequence, the Patriarchy of Xrept itself, with all its privileges recognized by the ecumenical synods flocq can.
Ecclesiastical legislation and administration  Drept canonic ortodox. Any pretention of an autocephalous Church to have jurisdiction over other autocephalous Churches or over their Diasporas was against the teaching of the Holy Bible and the canons of the Orthodox Church. The same manner, the bishops are not allowed to ordain outside their diocese 35th apost. The fact that until the 19th century the word autocephaly was rarely used is flova to the use of different expressions that expressed the same content or to the use of the term autonomy and of other terms synonym to the one of autocephaly.
Not to respect the specificity of each nation, of its language and traditions is truly a trespassing of the divine regulation. Although present in the life of the Church — the rights of biserlcesc autocephalous local Churches being mentioned in the text of numerous canons of the Ecumenical and local Vloca — the term of autocephaly does not appear in any canon.
The autocephaly of the ecclesiastical territorial units must be legitimately requested by its hierarchs, who can form a local synod at least four bishops who could ordain the bishops of their local Churcheswithout producing schism or heresy, but in complete obedience to the superior hierarchy.
Even since the beginnings of Christianity the Diaspora kept a tight relation with the bishop in whose community they had received the baptism, this way having the complete sentiment of being in permanent spiritual communion with the members of the community they had left and with the entire Church.
As the Romanian canonist Prof. These principles were settled in the text of the canons, relevant in this sense being the 34th apostolic canon, which, besides other organizing and working principles of the Church e.
The divine authority of the principles established by the Holy Apostles in organizing and governing the Church cannot be put in doubt. We may say that forms of autocephaly exist nowadays too in the Roman-Catholic Church, but without being referred as autocephalies. The constitution of local autocephalous Churches in the ethnic framework is based on some grounds that can be natural, historical, doctrinal, dogmatic and canonical, as it is specified ibsericesc Fr.
Truly, one canon, previous to the era biseticesc Ecumenical and local Synods canons, included the two words which the term of autocephaly was born from autoz and kejalhthat is the 34th Apostolic canon. Through the application of these principles it was possible to keep the orthodox canonical unity, this ecclesiastical unity receiving its expression even since the apostolic era .
Floca, Orthodox Canon Law.
The canonical regulations concerning the organization of an autocephalous Church were established in time, by ecclesiastical practice, being the true expression of the canonical and dogmatic principle established in canons, firstly in the text of the apostolic canons and subsequently through the authentic interpretation of these bisdricesc the ecumenical and local synods in their canonical work. Biseridesc the same time, they strengthened the bisericsc of the ethnic element in organizing an autocephalous Church, as a divine regulation.
In case of disagreement between the autocephalous Church and the one that asks for autocephaly, it can be made an appeal to a pan- orthodox decision . We cannot see this as an attribution of jurisdictional rights over the entire Diaspora. Iorgu Ivan affirms, the family constitutes the ground of every nation and the language of every nation is a distinctive sign and a means of externalizing the religiosity, being a divine regulation that every nation to have its own language .
The ethnic principle — a divine and canonical fundament of the autocephaly bizericesc of the jurisdictional right over the own Diaspora.
Autocephaly, autonomy, ethnic principle, jurisdiction, inter-orthodox relations, Diaspora In the latest decades, in the bosom of ecumenical Orthodoxy were carried numerous discussions on the institution of autocephaly, as form of organization of the orthodox ecclesiastical territorial units as well as the procedure of their constitution and this despite the canonical regulations and the traditional practice of the Church. Despite these, as far back as from the apostolic age until the 2nd — 3rd centuries, the local Churches bisericedc ruled in an autocephalous manner by the bishops subsequently the leadership of ecclesiastical units passing to the local, provincial synods 34th37th apost.
Ecclesiastical legislation and administration Drept canonic ortodox. However, like some exarchates or diocese, some metropolitanates kept their autocephaly, too, either as metropolitanates or as archbishoprics  ; we could mention here the Metropolitanate of Tomis  floda the Archbishopric of Cyprus, which has remained autocephalous until nowadays 8th can. The Biseriecsc must prove the stability in the right faith and it must keep unaltered the canonical and liturgical regulations of the Orthodox Church; 2.
Iulian Mihai L. CONSTANTINESCU: The principle of ecclesiastical autocephaly
The ordination of the bishop does not mean dependency or subordination of the one who ordains, but placing the Episcopal seat at disposal towards the service of the local Church which the bishop was ordained for . In the constitution of autocephalies there will be taken into account, besides the ethnic principle that must not be putted in doubt, other realities, too, as the geographical and political framework of the national or multi national state.
We respond here to the Greek theologian through the words of an authoritarian voice of the Orthodoxy from the 20th century, the greatest orthodox dogmatist of his time, Fr.