Canonical Visitation

CANONICAL VISITATION. - On the basis of current canon law - which is the fruit of the numerous norms promulgated previously by the Roman Pontiffs - authors customarily define canonical visitation as «quedam diligens et accurata investigatio seu inquisitio forma solemniere et propria facta de omnibus rebus ad quas observandas tenentur personae ipsae visitatae; cum iure corrigendi et reformandi si quos abusus visitator inveniet» (cf. A. Villagut, Speculum visitatorum [v. bibl.], p. 3).

The constitutive elements of the visitation are therefore reduced to four: a) the investigation (inquisitio) both of persons and of things and places (cf. can. 344; 512; 511; 513); b) with the visitor's power to proceed to the correction, by means of juridical provisions, of the abuses found (cf. can. 513 § 1); c) made by the visitor with authority (cf. cann. 513 § 2; 2413); d) both the investigation and any correction must be carried out with the canonical formalities, that is, in conformity with the CIC (cf. cann. 344; 512; 511). In relation to the authority of the visitor, the visitation can be jurisdictional or disciplinary, according to whether it is carried out with jurisdiction or only with dominative power: both have a juridical character and are to be considered canonical. On the basis of the manner in which it is made, it can be judicial, if carried out with the formalities of procedural law, or paternal if by administrative means. With reference to time, the canonical visitation is called ordinary or extraordinary, according to whether it is made at determined periods or not (cf. cann. 343, 344, 511, 512 § 1, n. 2). In relation to its extent it can be total or partial, according to whether it is made on everything or only on determined objects or things (cf. cann. 512 § 2, nn. 2 and 3; 618).

There are moreover in the Church visitations occasionaliter decretatae with a special mandate from the authority, such as the apostolic visitations, for which the visitor proceeds with a direct mandate from the Holy See. In this case the authority and the powers of the apostolic visitor are in relation to the nature of the mandate received. Such visitations are not infrequent; the CIC has not established special norms on the matter, because of the extraordinary character of this type of visitation, for which the Holy See, according to the necessities, the circumstances and the real factors that suggest its opportuneness, establishes special powers and procedures for the visitor. Usually apostolic visitors are sent by the Sacred Congregation of the Consistory for the overall organization of dioceses; by the Sacred Congregation of Religious for the discipline of religious Orders and Congregations; by the Sacred Congregation of the Council for matters relating to the discipline of the clergy and of the Christian people; by the Sacred Congregation of Seminaries and Universities for matters relating to the moral and cultural formation of candidates for the priesthood (for Italy there is a permanent apostolic visitor). The Sacred Congregation of the Holy Office, when necessary, customarily sends apostolic visitors for questions within its competence; the Sacred Congregation for the Discipline of the Sacraments sometimes sends apostolic visitors for the supervision of tribunals handling matrimonial cases.

The end that the Church has set for itself or proposes to attain each time it orders a visitation is essentially that recalled by can. 343 § 1: «Ad sanam et orthodoxam doctrinam conservandam, bonos mores tuendos, pravos corrigendos, pacem, innocentiam, pietatem et disciplinam in populo et clero promovendam ceteraque pro ratione adiunctorum ad bonum religionis constituenda...». Special ends may be suggested by singular situations and circumstances, which are usually examined by special visitors, such as the apostolic visitors.

Pio Paschini.