§ 99. The Personal Rights of the Present-Day Autocephalous Bishops

Just as every bishop in his eparchy has certain rights determined for him, which he exercises by virtue of his high-priestly position in the Church, so too the first bishops in the respective autocephalous churches have certain rights that belong to them by that same position. Each of them is at the same time also an eparchial bishop, for he has his own defined eparchy, which he governs, and in this he is equal to all the other eparchial bishops; but he is at the same time also the head of the autonomous church concerned, and as such has precedence among the other bishops of the same church, and this precedence gives him certain personal rights that the other eparchial bishops do not have.

All these first bishops of the autocephalous churches are equal among themselves in authority; nor is there, nor by the spirit of the canon law of the Orthodox Church can there be, one who would have any authority over the others, however notable the see he occupies. There exists among them only a precedence of honor, which moreover has only an external significance and has no influence whatsoever on the internal administration of the churches concerned.[1]

The personal rights possessed by the first bishops in today’s autocephalous churches are, in the main, the same as those which the metropolitans possessed in earlier times, as independent heads of the respective local churches.[2] All these rights of theirs derive from the position they occupy as presidents of the regional council of hierarchs (synod) and as directors of the synodal work. Among the existing church-legal provisions in this regard, we find some of these rights specifically enumerated for the first bishop in the synodal statute of the Metropolitanate of Bukovina-Dalmatia. According to that statute, to this metropolitan—and likewise to every first bishop of an autonomous church territory, within the bounds of that territory—belongs:

1) to convene, open, and close the synod, to preside over it, and to conduct its proceedings; 2) to forward the resolutions of the synod to the state authority, or to carry out those resolutions; 3) to represent the church territory before the other autonomous churches and before the state authority; 4) to exercise supreme oversight of church affairs within the scope of the church territory and to represent that territory before the government; 5) to decide and settle contested questions that cannot be put off until the regular meeting of the synod—whereby, if the eparchial bishops concerned have not beforehand given their written consent on a particular question, he shall submit a report of his action at the first subsequent synodal meeting and shall subsequently seek their approval regarding the orders issued; 6) to exercise the right of devolution in cases where the eparchial bishops, despite manifest need, have failed to fill established posts in eparchial service; 7) to conduct and settle the current business of the church territory; and 8) to appoint the persons who are to serve as assistants in the official conduct of the business falling within the competence of the central church administration.[3]

To these rights of the first bishops, enumerated in the aforementioned synodal statute, belong to them further, by general right:

9) the principal role in the installation of eparchial bishops,[4] 10) care for vacant episcopal sees,[5] 11) the right to visit the eparchies under them,[6] 12) to issue letters of leave to eparchial bishops when they must be absent for a time from their eparchy,[7] 13) to be informed of everything of importance that the eparchial bishops do within their eparchies,[8] and 14) that the eparchial bishops under them commemorate their name at the divine services.[9]

From these rights of authority of the first bishops within their territories derives also the precedence of honor which everyone is bound to recognize in them, and which is guaranteed to them also by the laws of the respective states.

CHAPTER THREE. The Constitution of the Eparchy. I. Eparchial Bishops.

Footnotes