Congregation for Institutes of Consecrated Life and Societies of Apostolic Life, Response to a Request for a Transfer Denied by Superior General, 1997. Private.
A member of a clerical religious institute petitioned his superior general to transfer to another religious institute in accord with canon 684, §1 of the code. When the superior general refused to give consent, the religious appealed to a canonist for advice. The canonist sought advice from the Congregation for Institutes of Consecrated Life and Societies of Apostolic Life (hereafter CICL). CICL replied as follows:
This Congregation has received your letter of ____________, concerning a religious who wishes to transfer to another institute, but whose Superior General refuses to give his consent (cf. c. 684, §1).
It is prudent to invite the religious to make a further approach to his superiors. It would also be possible for the religious to ask this Congregation to grant the permission which his Superior General is refusing.
We would not normally consider this a case of administrative recourse, since that presupposed a decree, precept or rescript (cf. cans. 35, 1732) against which recourse is made: a refusal of permission by a religious superior is not normally an administrative act of that nature.
This Congregation has issued no norms concerning transfer of religious.
With all good wishes, I remain,
Sincerely yours in Christ,
RRAO (1997): 17-18.