Canon 87 gives the Diocesan Bishop the power to dispense from disciplinary measures (which TC is) even if those measures come from Rome.
From Fr Z's Blog
I’ve been, as I am sure you have, watching the reactions of bishops in the wake of Francis’ Plessy v. Ferguson document Traditionis custodes.
BTW… do become a Custos Traditionis (HERE) and don’t forget the Novena to St. Ann (HERE).
In general bishops – mostly gobsmacked by this document, which gives them “power” (which the want) but makes them the target for displeasure (which they don’t) – are saying “Keep going the way you are going while we study this.” That doesn’t mean that another shoe won’t drop. And some shoes will drop sooner than others and some of them wrong side up.
However, I am pleased that some are citing can. 87, which I wrote about on the very day TC was extruded into the world.
Can. 87 §1. A diocesan bishop, whenever he judges that it contributes to their spiritual good, is able to dispense the faithful from universal and particular disciplinary laws issued for his territory or his subjects by the supreme authority of the Church. He is not able to dispense, however, from procedural or penal laws nor from those whose dispensation is specially reserved to the Apostolic See or some other authority.
§2. If recourse to the Holy See is difficult and, at the same time, there is danger of grave harm in delay, any ordinary is able to dispense from these same laws even if dispensation is reserved to the Holy See, provided that it concerns a dispensation which the Holy See is accustomed to grant under the same circumstances, without prejudice to the prescript of can. 291.
Hence, a diocesan bishop can dispense from disciplinary laws, both universal laws and those particular laws made by the supreme ecclesiastical authority (read: Supreme Pontiff) for his territory and his subjects provided they are not reserved to the Apostolic See or deal with procedure or with penal law. Since the provisions of TC is disciplinary law, and has not been reserved to the Apostolic See, the diocesan bishop is free to dispense from the norms.
Can. 87, my friends.
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