(Rivista Internazionale - December 1994: Work of the Commission for the Reform of the Constitutional Charter and Code - 3/3)

These are not revolutionary changes but in accordance with how internationalist doctrine has interpreted the system. Naturally, the drafting of these rules must be accompanied by the appropriate consultations with the Holy See, to ascertain the exact range of the approval of the Statutes.

It should be said right now that the Order made its acceptance of the aforesaid Cardinal's judgement conditional on a «specific interpretation» of three points, the second of which asserted that the «Order's religious nature is limited to professed Knights and to the Chaplains composing it».

This interpretation was notified to the Holy See through diplomatic channels, and the Holy See advised, again through diplomatic channels, that it «had taken note of what had been written».

The path we must follow is thus the one indicated at the time by the parties in their interpretation.

The comments made so far pertain to International Law aspects, but it is also necessary to update the Statutes in accordance with amendments to Canon Law, especially with regard to First Class members (for example their being answerable only to the Grand Magistry or to a Council made up of religious for matters pertaining to their vocation).

The Order's regulations are not autonomous in this sense, since they must adapt to Canon Rules as they evolve. The Order's internal life must also be taken into consideration. Many gaps can be found in the regulatory structure, including the establishment of the quorum for the election of the Grand Master and members of the Sovereign Council. Other regulations also need to be re-drafted, such as those on access to the second class, besides the importance to attribute to the participation of women in the Order's life.

Finally, it is indispensable to have a regulatory approach which defines correctly and with far-sightedness the relations between the Grand Magistry and Order's bodies, especially the National Associations which, jointly with the Grand Priories and Priories, are the supporting framework of the Order. They must have a place and a relevance corresponding to the functions they carry out within the constitutional system.

Their autonomy must be rigorously guaranteed within the sphere of regulations and deliberations, in line with constitutional principles and with an increasing functional decentralisation. The role they perform on an operational level for the attainment of the Order's institutional aims must also be clearly recognised, matched by an appropriate participation in the decisions directly affecting the institution's life.

These and other problems should be tackled in a structural manner, and not through sporadic episodes. It is necessary to lay the foundations for preparing a complete, systematic project, to be submitted to an Extraordinary Chapter General, specially convened for the purpose within a reasonable estimate of two years.

The constitutional procedure entails giving the Sovereign Council, in its new composition, a mandate for appointing a legislative Commission with the task of drafting the project, obviously authorised to consult experts, especially for matters pertaining to Canon and Malta Law, without prejudice to the final opinion of the Consultative Juridical Council with regard to its own sphere of competence.

It now only remains for me to thank His Most Eminent Highness the Prince and Grand Master and the Sovereign Council for having given me the possibility of enjoying, in the Order, this experience of legislative co-ordination.

I would also like to thank their Excellencies the Venerable Grand Priors, the Priors, the Regents, the Presidents of National Associations and their representatives, for their zeal and punctuality in sending me their proposals, and for having participated in the Malta Seminar. The work carried out, for which all must be given credit, will not be in vain. May the Holy Virgin of Fileremo and St. John the Baptist illuminate us in this Assembly, and may they assist us in the steps the Order will take along the path of constitutional reforms, in view of the third millennium.

Carlo Marullo di Condojanni
Bailiff Grand Cross of Obedience

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