Opus Dei is similar to, and thus different from, clerical associations of pontifical right

A recent article did an excellent service of clarifying the decree of Pope Francis in which he made personal prelatures, such as Opus Dei, "similar to public clerical associations of pontifical right with the right to incardinate clergy".  

Written by a professor at the University of Navarre, the article points out:

• To assimilate [to make similar] in law is not to identify, but to search for a primum analogatum, a primary concept that serves as a reference for whoever interprets and applies the law. 
• A biological child and an adoptive child can and should be assimilated, for legal purposes, but they are not identifiable. Assimilation is a legislative technique that avoids unnecessary repetition, facilitates interpretation, and allows for the orderly development of nascent institutions.
• To say that the prelatures can be assimilated to certain clerical associations shows, in the end, that they are not constitutively clerical associations, but rather something else. 

Some people have criticized this article and continue to complain about the assimilation.

Here are my thoughts about this issue.

Similarity implies difference, because it is not identification. Google the word "similar" and you will get this definition from Oxford Languages: "resembling without being identical." Similar means some things are the same, and some things are different. 

The similarity in the decree is at the level of legal frameworks (the externals, the “shirt”) which does not determine the nature of the things inside. To use the analogy of the article, a biological child can have a "shirt" similar to his adoptive sibling's. They have totally different genetic codes, but they are treated in a similar way at the level of the law, from the point of view of the legislator or organizer. And here, remember “similar” implies difference. 

Take note of the actual words of the Motu Proprio: “similar to public clerical associations of pontifical law with the ability to incardinate clerics”. The latter part is not always emphasized in commentaries but the legal similarity points to this aspect. (St. Josemaria said that clerics are necessary for Opus Dei because of "the sacramental wall", the laity cannot give grace to themselves.) 

The differences are:

1) The canon on the organic cooperation of the laity: “the laity can dedicate themselves to the apostolic works of the personal prelature” with “organic cooperation.” This canon is not there for public clerical associations.

What does organic cooperation mean? This means the cooperation of the laity is not of an external or auxiliary nature, but they carry out the mission as members of the body or organism of the prelature. The Statutes of each prelature define the precise manner of this cooperation. 

Both the priests and the laity form an organic whole, each one  being an essential component and giving an essential contribution to the mission of the prelature. The priest and laity presuppose each other and complement each other. They are united by the same vocation under one governance.  

2) The name and nature of the two things that are made similar: prelature vs association. A prelature is established—"erected" in ecclesiastical terms—by the Holy See.  It comes from the top, while "association" comes from the ground. 

A prelature has a hierarchical nature, while an association does not have this nature. 

Legal frameworks and classifications will evolve, but among the many possibilities, the Pope has chosen a specific legal understanding for the Work today. I think the key is to put ourselves in the shoes of the organizer who is in charge of many organizations in the Church, and also know that they have in fact collaborated with expert Opus Dei canonists, and some like this one in the article, fully support its rationale. 

The Prelate of Opus Dei has in fact asked all the people of Opus Dei "that we all remain closely united" in his "sincere filial obedience" to the "provisions of the Holy Father." "Since the Work belongs to both God and the Church, the Holy Spirit is guiding us at all times."  

This reaction is in accord with St. Josemaria's faith in the Church, a faith we recite in the Creed whenever we go to Mass on Sundays and pray the Rosary: I believe in the Catholic Church. Faith, he teaches, is a serious word that we cannot say lightly. Faith means "absolute trust in God and total surrender of our lives to God" which we apply here to the mystery of the Church of God. 

Related articles: 

St. Josemaria on never doubting the Church: filial trust and joy over news in the Church

Motu proprio "Ad charisma tuendum": Some reflections

 

St. Josemaria on never doubting the Church: filial trust and joy over news from the Church

 

Pope Francis recently made changes to church law on personal prelatures that affect Opus Dei, provoking all sorts of reactions on the web. 

Opus Dei itself reacted by saying that it will study the changes "in a spirit of communion with the Holy Father." 

This reaction is in accord with the teachings of St. Josemaria, its founder. In one of his letters, recently published by Scepter, St. Josemaria writes: 

"You know how the Ordinaries of the dioceses in which we work, generally understand us and love us; and - whatever juridical form the Work may eventually have - the Church, which is our Mother, will respect the way of being of her children, because she knows that, with it, we only intend to serve her and to please God.

This is the reason why we do not admit, about the Church, neither a doubt nor a suspicion: nor do we tolerate it, in others, without protest. We do not look for the vulnerable sides of the Church - because of the action of men in Her - to criticize her, as some who do not seem to have faith or love are wont to do. I cannot conceive that one can love one's mother and speak of her with detachment.

And we will never be sufficiently satisfied with our work, no matter how many services, with the grace of God, we render to the Church and to the Pope, because love will demand more of us every day, and our labors will always seem modest, because the time at our disposal is short: tempus breve est (1 Cor 7:29). 

Together with selfless love, we must have great confidence: I am sure that confidence will grow in your souls, with God's help, in spite of the misunderstandings that the Lord will allow, which, I insist, will never be misunderstandings of the Church.

In this spirit of filial trust, we will always receive with joy and happiness any news that comes to us from the Bride of Jesus Christ, even when it may be painful or may seem so in the eyes of people outside the Work, since we know that nothing bad can come to us from the Church: diligentibus Deum omnia cooperantur in bonum (Rom 8:28); for those who love God, all things work together for good. 

And I dare to assure you that this joy of ours, no matter what happens, will not fail to cause astonishment and surprise, and above all edification, in those who without reason, because there can be none, expect a different reaction from us". (Letter n. 8 of St. Josemaria, 53 y 54, 1943)

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Relevant articles:

Motu proprio "Ad charisma tuendum": Some reflections

What has changed in personal prelatures

Opus Dei and the German Way: the meaning of filial obedience