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Originally Posted by ajk
For general information [bold is my emphasis]:

EAST
CCEO: Codex Canonum Ecclesiarum Orientalium

Canon 210 - 1. An eparchial bishop who has completed his seventy-fifth year of age or who, due to ill health or to another serious reason, has become less able to fulfill his office, is requested to present his resignation from office.

Can. 210 - � 1. Episcopus eparchialis, qui septuagesimum quintum annum aetatis explevit aut ob infirmam valetudinem aliave gravi de causa officio suo implendo minus aptus evasit, rogatur, ut renuntiationem ab officio exhibeat.

WEST
CIC: Codex Iuris Canonici

Can. 401 �1. A diocesan bishop who has completed the seventy-fifth year of age is requested to present his resignation from office to the Supreme Pontiff, who will make provision after he has examined all the circumstances.

Can. 401 - � 1. Episcopus dioecesanus, qui septuagesimum quintum aetatis annum expleverit, rogatur ut renuntiationem ab officio exhibeat Summo Pontifici, qui omnibus inspectis adiunctis providebit.


The nuances in these canons are striking. The Eastern Code respects the Eastern practice and yet affords the eparch the ability to retire: a bishop is requested to submit his resignation "due to ill health or to another serious reason" which renders him "less able to fulfill his office." If the eparch is healthy and able to fulfill his office, then there is no request to present his resignation. Seems to me this is the eparch's call.

The Latin code makes no such provision, but it is left to the Roman Pontiff to accept the resignation.

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Originally Posted by Deacon John Montalvo
Originally Posted by ajk
For general information [bold is my emphasis]:

EAST
CCEO: Codex Canonum Ecclesiarum Orientalium

Canon 210 - 1. An eparchial bishop who has completed his seventy-fifth year of age or who, due to ill health or to another serious reason, has become less able to fulfill his office, is requested to present his resignation from office.

Can. 210 - � 1. Episcopus eparchialis, qui septuagesimum quintum annum aetatis explevit aut ob infirmam valetudinem aliave gravi de causa officio suo implendo minus aptus evasit, rogatur, ut renuntiationem ab officio exhibeat.

WEST
CIC: Codex Iuris Canonici

Can. 401 �1. A diocesan bishop who has completed the seventy-fifth year of age is requested to present his resignation from office to the Supreme Pontiff, who will make provision after he has examined all the circumstances.

Can. 401 - � 1. Episcopus dioecesanus, qui septuagesimum quintum aetatis annum expleverit, rogatur ut renuntiationem ab officio exhibeat Summo Pontifici, qui omnibus inspectis adiunctis providebit.


The nuances in these canons are striking. The Eastern Code respects the Eastern practice and yet affords the eparch the ability to retire: a bishop is requested to submit his resignation "due to ill health or to another serious reason" which renders him "less able to fulfill his office." If the eparch is healthy and able to fulfill his office, then there is no request to present his resignation. Seems to me this is the eparch's call.

The Latin code makes no such provision, but it is left to the Roman Pontiff to accept the resignation.

It says if he is 75 OR if he is less able to fulfill his office. It doesn't say 75 AND less able. It does still appear to be his call.

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