Canon Law

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 +{{keywords>canon law 1983 1917 jcd consecrated canonist canonical hereford religious legal}} 
 +{{keywords>Amy Hereford CSJ JCD Consultation Facilitation Covenant Webinar 1983 1917 canonical Canon Law Attorney Canonist Catholic Religious Life Nuns Webcast cssj sisters2.0 women lcwr rcri clsa sponsorship schools juridic person patrimony alienation}}
 =====Book II: People of God===== =====Book II: People of God=====
 ====Part I: Christ's Faithful==== ====Part I: Christ's Faithful====
 [[http://www.intratext.com/IXT/ENG0017/__PS.HTM|English]]  [[http://www.intratext.com/IXT/LAT0010/__PS.HTM|Latin]] [[http://www.intratext.com/IXT/ENG0017/__PS.HTM|English]]  [[http://www.intratext.com/IXT/LAT0010/__PS.HTM|Latin]]
  
-**Canon 204 Subsists In** The Church - //subsists// in the catholic Church. Conciliar / theological in approach. However, //subsistit in// is legally problematic as it seems to include also the non-catholic Christians.+**Canon 204 Power of Baptism** Christ's faithful __incorporated into Christ through baptism__, __constituted the people of God__, __participate in their own way in the priestly, prophetic and kingly office of Christ__. I.e. Universal call to mission founded on Baptism. 
 +  * The Church - //subsists// in the catholic Church. Conciliar / theological in approach. However, //subsistit in// is legally problematic as it seems to include also the non-catholic Christians
 +  * From LG 9-10 
 +    * Baptized means all Christians, and also those who left the church by a formal act. Membership is a personal act of relationship with God - a calling. Being a member of the parish as well is not just a being part of a club. The institutional and spiritual aspects are of the same relationship. For this reason, a pastor can't kick out a parishioner. This is a religious area of conscience. Leaving by a formal act - you have to be first a heretic, apostate or schismatic. And in fact, you remain a member but not in communion.
  
-Baptized means all Christians, and also those who left the church by formal act. Membership is a personal act of relationship with God - a calling. Being a member of the parish as well is not just a being part of a clubThe institutional and spiritual aspects are of the same relationship. For this reasona pastor can't kick out a parishonerThis is a religious area of conscienceLeaving by formal act - you have to be first a heretic, apostate or schismatic. And in fact you remain a member but not in communion.+**Canon 205 Full Communion** Those baptized are in full communion with the catholic Church here on earth who are joined with Christ in his visible body, through the bonds of __profession of faith__, the __sacraments__ and __ecclesiastical governance__. Full communion - is joined by profession of faith, sacraments, and ecclesiastical governance: 3 munera, but not in the order of the code: __regendi, docendi, sanctificandi__One can offend regendi and docendi at the same timee.gwhen you speak against the teaching of the pope.
  
-**Canon 205 Full Communion** Those baptized are in full communion with the catholic Church here on earth who are joined with Christ in his visible body, through the bonds of profession of faith, the sacraments and ecclesiastical governanceFull communion - is joined by profession of faithsacraments and ecclesiastical governance: 3 munerabut not in the order of the code: regendi, docendi, sanctificandi"Rehabilitation of Pius X excommunicates - they are still not in full communion but it isn't declaredand they have no office - but they not suspended." If you offend regendi and docendi at the same time, e.g. when you speak against the teaching of the pope.+**Canon 206 Catechumens** "Catechumens are __linked__ with the Church __in a special way since___... the Church has special care for catechumens." Neither the canon or its source gives enlightenment on extra prerogatives for catechumens1183funeral1170 blessingLegally unbaptized, but they get some benefits of the community.
  
-**Canon 206 Catechumens** Neither the canon or its source gives enlightenment on extra prerogatives for catechumens. 1183, funeral, 1170 blessing. Legally unbaptized, but they get some non-legal benefits. +**Canon 207 Christian Faithful** Christian faithful are clerics and laity - in CCEO, religious are another category. Each state has also had active, articulate, educated, nonpracticing. Religious are part of both - but no legal consequences here (later there is specific legislation).
- +
-**Canon 207 Christian Faithful** Christian faithful are clerics and laity - in CCEO, religious are another category. Each state has also has active, articulate, educated, nonpracticing. Religious are part of both - but no legal consequences here (later there is specific legislation).+
    
-**//Lex Ecclesiae Fundamentalis//** originally see as the umbrella over CIC and CCEO. However, this didn't occur, it would have made them formally superior to the rest of the code. E.g. if equality were superior, then special could not derogate, e.g. BFOQs 
  
 ===Title I: Obligations and Rights of Christ's Faithful=== ===Title I: Obligations and Rights of Christ's Faithful===
 (Cann. 208 - 223) [[http://www.intratext.com/IXT/ENG0017/__PT.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__PT.HTM|Latin]] (Cann. 208 - 223) [[http://www.intratext.com/IXT/ENG0017/__PT.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__PT.HTM|Latin]]
  
-  * **Subtitles** start with rights of all the christian faithful, then rights of the lay faithful. R&O of all is a novelty in this code. Reasons: emphasis on laity at vatican II, increased societal emphasis on human rights after WWII seen for example in UCHR, Treaty of Rome. Onclin developed this idea, under the title of subjective rights already in the 1950s; it took some time before this theory made its way into the church. Human rights is replaced by "obligations and rights of the Christian Faithful." Human rights were born as a reaction in legal systems in elightenment and liberalism - individual freedom vis-a-vis the state. This comes with some difficulty into the church where leaders still claim absolute divine right.  Free zones for the person implies a conflict of interest between those in charge and the people. Torfs says when a right becomes an obligation, it becomes a duty, not a right.+**//Lex Ecclesiae Fundamentalis//** originally seen as the umbrella over CIC and CCEO. However, this didn't occur, it would have made them formally superior to the rest of the code. E.g. if equality were superior, then special could not derogate. 
 +  * **Ordering of the section** start with rights of all the christian faithful, then rights of the lay faithful. R&O of all is a novelty in this code. Reasons: emphasis on laity at vatican II, increased societal emphasis on human rights after WWII seen for example in UCHR, Treaty of Rome. Onclin developed this idea, under the title of subjective rights already in the 1950s; it took some time before this theory made its way into the church. Human rights is replaced by "obligations and rights of the Christian Faithful." Human rights were born as a reaction in legal systems in elightenment and liberalism - individual freedom vis-a-vis the state. This comes with some difficulty into the church where leaders still claim absolute divine right.  Free zones for the person implies a conflict of interest between those in charge and the people. Torfs says when a right becomes an obligation, it becomes a duty, not a right
 +  * **Development** 1917 Code had more emphasis on the rights of clergy & bishops over the faithful
   * **What is the status of the canons 208-223?** What is the nature of these obligations and rights? Four trends regarding the nature   * **What is the status of the canons 208-223?** What is the nature of these obligations and rights? Four trends regarding the nature
-    * **First, legal approach** is advanced by J. Beyer [Gent]. Let's take the catalogues of rights developed in the secular state. There could be limits, but you could have right to life, right of association, due process, many of these have canonical origins in the first place. Freedom of religion and freedom of expression would have to be nuanced. +    * **First, the legal approach** is advanced by J. Beyer [Gent]. Let's take the catalogs of rights developed in the secular state. There could be limits, but you could have right to life, right of association, due process, many of these have canonical origins in the first place. Freedom of religion and freedom of expression would have to be nuanced. 
-    * **Second, theological position** is advanced by Munich U. Hinder, Correcco. They are against Beyer, they want to start from the nature of the church and build on this. These are church obligations and church rights; start from an ecclesiological model. Rights based on word, sacraments and apostolic succession. Each has active and passive rights. You end up with different rights than Beyer, these are not human rights, but christian rights. +    * **Second, theological position** is advanced by Munich U. Hinder, Correcco. They are against Beyer, they want to start from the nature of the church and build on this. These are church obligations and church rights; start from an ecclesiological model. Rights based on word, sacraments and apostolic succession. Each has active and passive rights. You end up with different rights than Beyer, these are not human rights, but Christian rights. 
-    * **Third, legal/theological approach** developed by Johannes Neumann. Legal theory with theological correctionlater left the priesthood. "Human rights also in the church." Takes fundamental rights, but then puts each through the screen of theological deepening. Freedom of expression, this is accompanied with respect. Freedom of scientific research, but with accommodation for the hierarchs. +    * **Third, legal/theological approach** developed by Johannes Neumann. Legal theory with theological correction later left the priesthood. "Human rights also in the church." Takes fundamental rights, but then puts each through the screen of theological deepening. Freedom of expression, this is accompanied with respect. Freedom of scientific research, but with accommodation for the hierarchs. 
-    * **Fourth, Anthropological method** was proposed by Greimacher and Walf. The discussion gives the impression the Church can decide, instead, they are embedded in the nature of the person. People cannot abandon them at the church door, and the church can't deny them for the same reason. It questions the legitimacy of the question. **Code** did not choose among these - there is a mix of theories, you can invoke various theories that lead to one or another result. Legal theory is found in 208 equality, 215 association, 220, privacy, 221.3 legality, 221.1 due process. Theological theory is found in 210 holy life, 211 proclaim the gospel, 213 spiritual assistance. Legal/Theological is found in 218 academic freedom with submission to magisterium. Castillo-Lara says the rights listed are merely a sampling, but there are more - like the anthropologists. Because of the variety of underlying legal theories, sometimes it is not clear how theological or legal a norm should be interpreted and applied. E.g. Canon 213 with the right to assistance by Pastors, especially word and sacrament. Soft right, but also duty to have enough pastors to provide the sacraments, don't hinder those who would like to minister. E.g. celibacy not in East, in west only since 12th century, lateran council, also categorical prohibition of ordination, e.g. of women. +    * **Fourth, Anthropological method** was proposed by Greimacher and Walf. The discussion gives the impression the Church can decide, instead, they are embedded in the nature of the person. People cannot abandon them at the church door, and the church can't deny them for the same reason. It questions the legitimacy of the question. 
-  * Shouldn't this be in an institutional document - the constitution, the human rights conventions. There was a strong move for lex ecclesiae fundamentalis  that would have overarched the Latin and Eastern Codes. Eastern Code drafter Zuzek was advocating this even in the late 80's and early 90's. It would have strengthened the  CCEO. It was opposed from the left and the right. Only the intelligent favored it and they are always a small minority. Conservatives opposed it because it could be a start of all sort of further rights. It could also be a problem for ecumenical thinking. Progressives opposed it because they wanted to base the constitution of the church on the Gospel - but that is not a legal document. Later progressives thought that they had missed an important opportunity. Peter Erdo - Budapest Cardinal said that it is problematic to place natural right norms on a higher level than divine law. E.g. No crime, no punishment. The hierarchy of the hierarchy would be lower than the fundamental rights. Hervada and Lombardia were the best promoters of the Lex Ecclesia Fundamentalis - since it was an important part of a true legal system.+    * **Code** did not choose among these - there is a mix of theories, you can invoke various theories that lead to one or another result. Legal theory is found in 208 equality, 215 association, 220, privacy, 221.3 legality, 221.1 due process. Theological theory is found in 210 holy life, 211 proclaim the gospel, 213 spiritual assistance. Legal/Theological is found in 218 academic freedom with submission to magisterium. Castillo-Lara says the rights listed are merely a sampling, but there are more - like the anthropologists. Because of the variety of underlying legal theories, sometimes it is not clear how theological or legal a norm should be interpreted and applied. E.g. Canon 213 with the right to assistance by Pastors, especially word and sacrament. Soft right, but also duty to have enough pastors to provide the sacraments, don't hinder those who would like to minister. E.g. celibacy not in East, in west only since 12th century, lateran council, also categorical prohibition of ordination, e.g. of women. 
 +  * Shouldn't this be in an institutional document - the constitution, the human rights conventions. There was a strong move for lex ecclesiae fundamentalis  that would have overarched the Latin and Eastern Codes. Eastern Code drafter Zuzek was advocating this even in the late 80's and early 90's. It would have strengthened the  CCEO. It was opposed from the left and the right. Conservatives opposed it because it could be a start of all sort of further rights. It could also be a problem for ecumenical thinking. Progressives opposed it because they wanted to base the constitution of the church on the Gospel - but that is not a legal document. Later progressives thought that they had missed an important opportunity. Peter Erdo - Budapest Cardinal said that it is problematic to place natural right norms on a higher level than divine law. E.g. No crime, no punishment. The rights of the hierarchy of the hierarchy would be lower than the fundamental rights. Hervada and Lombardia were the best promoters of the Lex Ecclesia Fundamentalis - since it was an important part of a true legal system.
   * Where does this leave the fundamental rights of all the Christian faithful? Is it possible that these fundamental rights that are spread through the code have a superiority to other canons. At least there is the tacit foundation of the rights of all, then the laity and clerics as sub groupings. But are the fundamental rights of all above other norms of the code or local norms.   * Where does this leave the fundamental rights of all the Christian faithful? Is it possible that these fundamental rights that are spread through the code have a superiority to other canons. At least there is the tacit foundation of the rights of all, then the laity and clerics as sub groupings. But are the fundamental rights of all above other norms of the code or local norms.
   * What text says is more important that the will of the legislator. Look first to the text, then to context, then to will of legislator. You can opt for an interpretation of norms that respects the fundamental rights. But //Lex specialis derogat generali.// General norm is equality, unless legislative inequality.   * What text says is more important that the will of the legislator. Look first to the text, then to context, then to will of legislator. You can opt for an interpretation of norms that respects the fundamental rights. But //Lex specialis derogat generali.// General norm is equality, unless legislative inequality.
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   * Formal superiority of Fundamental rights could improve their protection and could improve the legal culture in the church. 1399 allows punishment without law - it wouldn't be allowed in the light of the principle of legality. Vanity of clerics against 282 could only be punished by 1399 because 282 doesn't include a sanction. There isn't a formal hierarchy, however we can apply the law in view of honoring the rights of all the Christian faithful. This also helps the law to function credibly in the secular system. Schwedenwein - says the right of the individual has to give way to the common good - but is the common good helped by rumor-mongering. But Canon 220 protects the right to privacy. //Potius ut valeat quam ut pereat// - interpret a norm to have an effect not that it be ineffectual. In order to do this with Canon 220 on privacy, you have to have it above other norms. There is a formal equality of norms, and in that case, it would have a situation in which this section is completely without effect. However, there may be a clash with 'fundamental rights' and 'divine law' - which would seem to say God opposes fundamental rights.   * Formal superiority of Fundamental rights could improve their protection and could improve the legal culture in the church. 1399 allows punishment without law - it wouldn't be allowed in the light of the principle of legality. Vanity of clerics against 282 could only be punished by 1399 because 282 doesn't include a sanction. There isn't a formal hierarchy, however we can apply the law in view of honoring the rights of all the Christian faithful. This also helps the law to function credibly in the secular system. Schwedenwein - says the right of the individual has to give way to the common good - but is the common good helped by rumor-mongering. But Canon 220 protects the right to privacy. //Potius ut valeat quam ut pereat// - interpret a norm to have an effect not that it be ineffectual. In order to do this with Canon 220 on privacy, you have to have it above other norms. There is a formal equality of norms, and in that case, it would have a situation in which this section is completely without effect. However, there may be a clash with 'fundamental rights' and 'divine law' - which would seem to say God opposes fundamental rights.
  
-**Canon 208 Equality** From Christ, there is a genuine equality of dignity and action, equality in contribution according to his or her own condition and office. Treat equals equally. Equality before the law is most solid - equality in the law: everyone is treated equally - but this isn't always fair. Equality in the law, handicapped parking. Equality through the law, make unequals equal: more income, more taxes; affirmative action - compensating one for bad done to ancestors. Context can determine whether a particualr criteria is acceptable for distinguishing between people. Taxing the opposition party's business holdings.+**Canon 208 Equality** From Christ, there is a __genuine equality of dignity and action__, equality in contribution according to his or her own condition and office. Treat equals equally. Equality before the law is most solid - equality in the law: everyone is treated equally - but this isn't always fair, for example, handicapped parking. Equality through the law, make unequals equal: more income, more taxes; affirmative action - compensating one for bad done to ancestors. Context can determine whether a particular criteria is acceptable for distinguishing between people. Taxing the opposition party's business holdings
 +  * **Equality is not easy to reconcile to hierarchy** It is important to note that it is in a hierarchical context where power of governance and power of ordination are identified; how square this with equality. Where is vera ... aequalitas. Divine constitution of the church as a basis for non-ordination can't be attacked by fundamental rights. Equality according to dignity and function. Three types of equality - in the law, through the law and before the law. Equality in the law - all treated in the same way: flat tax. But this doesn't take into actual differences and so it can be unjust. Equality through the law is opposite. The law makes people equal by treating them unequally. Takes from the rich and gives to the poor: e.g. affirmative action. Both methods are challenged. Equality before the law - threat people appropriately: sometimes you make distinctions, sometimes you treat differently. The crucial point is where to draw the limits. E.g. brewery tax of former mayor. Protected categories get strict scrutiny and there are BFOQs. Women are bracketed out of all clerical issues. History of women's discrimination: 100 years ago everyone did it, but this has changed in the secular states. '75 Biblical Commission - no arguments. '76 CDF - Inter Insigniores: 7 arguments against, so it is thought //putatur// to be part of //divina constitutio//. Other christian churches ordained women. Anglicans in early 90s accepted ordination of women. 2/3 majority in three chambers of church: lay, priests, bishops. This made fear in RC church and so pope in '94 in ordinatio sacerdotalis - not in my church. dropped the //putatur//. so no more discussion. Arguments become increasingly weak.
  
-**Equality is not easy to reconcile to hierarchy** It is important to note that it is in a hierarchical context where power of governance and power of ordination are identified; how square this with equality. Where is vera ... aequalitas. Divine constitution of the church as a basis for non-ordination can't be attacked by fundamental rights. Equality according to dignity and function. Three types of equality - in the law, through the law and before the law. Equality in the law - all treated in the same way: flat tax. But this doesn't take into actual differences and so it can be unjust. Equality through the law is opposite. The law makes people equal by treating them unequally. Takes from the rich and gives to the poor: e.g. affirmative action. Both methods are challenged. Equality before the law - threat people appropriately: sometimes you make distinctionssometimes you treat differentlyThe crucial point is where to draw the limits. E.g. brewery tax of former mayor. Protected categories get strict scrutiny and there are BFOQs. Women are bracketed out of all clerical issues. History of women's discrimination: 100 years ago everyone did it, but this has changed in the secular states. '75 Biblical Commission - no arguments. '76 CDF - Inter Insigniores: 7 arguments against, so it is thought //putatur// to be part of //divina constitutio//. Other christian churches ordained women. Anglicans in early 90s accepted ordination of women. 2/3 majority in three chambers of church: lay, priests, bishops. This made fear in RC church and so pope in '94 in ordinatio sacerdotalis - not in my church. dropped the //putatur//. so no more discussion. Arguments become increasingly weak.+**Canon 209 Communion** §1 Christ’s faithful are __bound to preserve their communion__ with the Church at all timeseven externally§2 They should carry out responsibilities to local and universal church.
  
-**Canon 209** §1 Christ’s faithful are bound to preserve their communion with the Church at all timeseven +**Canon 210 Holiness** __Obligation to lead a holy life__, and to promote the growth of the Church.
-externally. §2 They should carry out responsibilities to local and universal church.+
  
-**Canon 210** Right to lead a holy life, and to promote the growth of the Church.+**Canon 211 Evangelization** All Christ’s faithful have the __obligation and the right__ to strive so that the divine message of salvation may more and more reach all people of all times and all places.
  
-**Canon 211 Evangelization** All Christ’s faithful have the obligation and the right to strive so that the divine message of salvation may more and more reach all people of all times and all places.+**Canon 212 Freedom of Expression** §1. __Christian obedience__ to pastors as teachers of faith and rulers of the Church. §2 Make known needs and wishes. §3 They have the __right, indeed at times the duty__, in keeping with their knowledge, competence and prestige, __to manifest__ to the sacred Pastors __their views__ on matters that concern the good of the Church. They have the right also to make their views known to others of Christ’s faithful, but in doing so they must always 1) respect the integrity of faith and morals, 2) show due reverence to the Pastors and 3) take into account both the common usefulness //utilitatis// and the dignity of persons.
  
-**Canon 212 Freedom of Expression** §1Christian obedience to teachers of faith (not parish priest)§3 They have the right, indeed at times the duty, in keeping with their knowledge, competence and prestige, to manifest to the sacred Pastors their views on matters that concern the good of the ChurchThey have the right also to make their views known to others of Christ’s faithful, but in doing so they must always 1) respect the integrity of faith and morals, 2) show due reverence to the Pastors and 3) take into account both the common usefulness //utilitatis// and the dignity of persons.+  This exists, but with many conditionsNot granted generouslyThe main problem is that we don't know the borders of this law. A right, and //at times the duty.// This is a good sign thoughand express openlyno double-speak. Unclear. You  can be canonically wrong if you don't speak up. Most theologians don't get into problems because of remaining silent. Competence plays a role as well. I may have an opinion, but not the competence to support it. First you tell the problems to your pastors then to the public. Public debate may not be so helpful - in the hierarchical systema Latin approach; Provost says this is too culturally determined, not the way the American system. **Dignity of persons** all are equal dignity: 208. What type of reverence is to pastors, and what sort of reverence to human dignity. Perhaps we should also respect offices more, or can one be more honest with the bishop, than with the faithful. You may argue that the higher a person is the more you should be honest with themPublic persons voluntarily enter the public arena - should be able to handle more frank interventions. Lingens case in Europe. The most difficult element: **attentive to common good**. Found also in canon 223. But this puts freedom of expression in tension with the common good. This is true of pitting all the human rights against the common good. In secular law freedom of expression is essential to the common good. First time ever in the history of the church where there is freedom of expression. Old jurisprudence Common Good - Handiside: even vulgar language should be admitted because the common good is helped by free speech. Here there seems an instrumental use of freedom of expression - only allowed if it is for the common good, common usefulness, rather than the European position that freedom of expression is a part of the common good. Popular pastor who wrote book seen as anti catholic - this canon was used, because both sides wanted to find a solution. Canon law helped give it a good presence in church circles.
  
-This exists, but with many conditions. Not granted generously. The main problem is that we don't know the borders of this law. A right, and //at times the duty.// This is good sign though, and express openly, no double-speak. Unclear. You  can be canonically wrong if you don't speak up. Most theologians don't get into problems because of remaining silentCompetence plays a role as well. I may have an opinion, but not the competence to support itFirst you tell the problems to your pastors then to the public. Public debate may not be so helpful - in the hierarchical system, a Latin approach; Provost says this is too culturally determined, not the way the American system. **Dignity of persons** all are equal dignity: 208What type of reverence is to pastorsand what sort of reverence to human dignityPerhaps we should also respect offices more, or can one be more honest with the bishopthan with the faithful. You may argue that the higher a person is the more you should be honest with them. Public persons voluntarily enter the public arena - should be able to handle more frank interventions. Lingens case in Europe. The most difficult element: **attentive to common good**. Found also in canon 223. But this puts freedom of expression in tension with the common good. This is true of pitting all the human rights against the common good. In secular law freedom of expression is essential to the common good. First time ever in the history of the church where there is freedom of expression. Old jurisprudence Common Good - Handiside: even vulgar language should be admitted because the common good is helped by free speech. Here there seems an instrumental use of freedom of expression - only allowed if it is for the common good, common usefulness, rather than the european position that freedom of expression is a part of the common good. Popular pastor who wrote book seen as anti catholic - this canon was used, because both sides wanted to find a solution. Canon law helped give it a good presence in church circles.+**Canon 213 Word of God and Sacraments** People have __right to be assisted by pastors__ with Word of God and the SacramentsCriteria are there, but there is still the rightDenying communion is tricky because it is of the issue of conscienceAnointing someone who is choosing euthanasia - again, what is the state of conscience personYou can question thembut in the end this is an issue of sanctuary of conscience.
  
-**Canon 213 Word of God** People have a right to be assisted by pastors with Word of God and the Sacraments. Criteria are there, but there is still the right. Denying communinion is tricky because it is of the issue of conscience. Anointing someone who is choosing euthanasia - again, what is the state of conscience person. You can question them, but in the end this is an issue of sanctuary of conscience.+**Canon 214 Rite** People have __right to worship in their own rite__, but not the old liturgy because that isn't a rite.
  
-**Canon 214 Rite** People have right to worship in their own rite, but not the old liturgy because that isn't a rite.+**Canon 215 Association** §1 All have the __right to assemble__. Many possible objectives for associations.
  
-**Canon 215 Association** §1 All have the right to assemblyMany possible objectives for associations.+  E.g. In the Netherlands an association of critical Catholics on John Paul's visit in 1985. Called a coalition - 110 very diverse groups represented. They had professional collaborators. VP of coalition asked to be a pastoral worker, and she was qualified for the positionDiocesan press service said she can't be accepted because of her position in coalition. Although May 8 wasn't liked, no one ever officially came our against it. The case was solved in a 'Belgian' way. She got the job in another diocese. She too hierarchical recourse. Cardinal had to submit - they thought to send it to Clergy, but then it went to Laity. Nothing happened. 1374 allows punishment for being in an association that plots against the church.
  
-E.g. In the Netherlands an association of critical Catholics on John Paul's visit in 1985. Called May 8 - 110 very diverse groups represented. They had professional collaborators. VP of May 8 asked to be a pastoral worker, and she was qualified for the positionDiocesan press service said she can'be accepted because of her position in May 8. Although May 8 wasn't liked, no one ever officially came our against it. The case was solved in a 'Belgian' way. She got the job in another diocese. She too hierarchical recourse. Cardinal had to submit - they thought to send it to Clergybut then it went to Laity. Nothing happened. 1374 allows punishment for being in an association that plots against the church.+**Canon 216 Lay Action** __Right to promote and support apostolic action__Sometimes this is recognized, sometimes not. It can be a challenge if lay action is supported by one pastor or bishopand discouraged by the successor.
  
-**Canon 216 Lay Action** People raised money to hire a pastoral worker for their parish. Later the pastor was changed. Is this praeter legem, or contra legem. So the faithful can have undertakings, but there may be limits if the bishop doesn't accept, and he thinks it impinges on his rights or the sense of the organization of the diocese.+**Canon 217 Christian Education** __Right to christian education__ and knowing the gospel.
  
-**Canon 217 Christian Education** Right to christian education and knowing the gospel.+**Canon 218 Theological Investigation** __Right to investigation and expression__, observing magisterium. Fostered as long as there is no contradiction. It can be a challenge when theological investigation challenges pastors. There is more control over clerics and religious. Theology should be more than just explaining what the magisterium says. All the theological disciplines are covered canon law, bible, theology, and ethics.
  
-**Canon 218 Theological Investigation** Investigation and Expression, but observing magisterium. Fostered as long no contradiction. Theology is more than just explaining what the magisterium says. As long as there is no conflict, there isn't a problem. But when there is a conflict, //debito obsequio//. There is more a control over clerics. All the theological disciplines are covered canon law, bible, theology, and ethics.+**Canon 219 Freedom from Coercion in Vocation** __Right to pursue vocation__
  
-**Canon 219 Freedom from Coercion in Vocation**+**Canon 220 Privacy** __//intimitas//__ is protected. The term privacy doesn't exist in Latin. What are the limits of the rights of privacy. Privacy of candidate for priesthood or religious life is not as large. There is respect in canon law for the "internal forum" even in imposing penalties.
  
-**Canon 220 Privacy** //intimitas// is protected. But the term privacy doesn'exist in LatinWhat are the limits of the rights of privacyPrivacy of candidate for priesthoodNot as large for candidates for seminarians as for seminariansAsk questions about sexuality, but there is privacy as wellDenial of communion may violate privacy.+**Canon 221 Due Process** __Right to apply to any forum__ - not just tribunals. But can'appeal against the pope. Independence is never really achieved. Impartiality is another issue. Canon 331 and 381 provide that all power rests in one personThis inscribes the church in the logic of due processAccess to the process does not guarantee fundamental fairness. 
 +  * The right not to be punished without law//Nullum crimen, nulla poena.// However 1399 allows punishment without law.  Canon 18 = interpret penal law narrowly. In general the code is very precise, but here there is ambiguity1313 also allows retroactivity only if the law is more lenient. The principle of legality is not so much supported in the code, as in secular legal systems.
  
-**Canon 221 Due Process** Recourse to any applicable forum - not just tribunals. But can't appeal against the popeIndependence is never really achieved. Impartiality is another issue. Because of cannon 331 and 381 providing that all power rests in one person. This inscribes the church in the logic of due processAccess to the process does not mean fairness.+**Canon 222 Provide for Church**  __Obligation to support the church.__ If the church has money, or the state provides, that is okay, but the faithful are ultimately responsibleConditions can be placed on the donations, and canonically these have to be respected.
  
-The right not to be punished without law. Nullum crimen, nulla poena. However 1339 allows punishment without law.  Also canon 18 says interpret penal law narrowly. In general the code is very precise, but here there is ambiguity. 1313 also allows retroactivity only if the law is more lenient. +**Canon 223 Common Good**  The __rights are not unlimited__, circumscribed by__common good, rights of othersduties to others, ecclesiastical authority__ 
- +  * The collective element is more present in the Church than in the state. The collective rights however are not present. E.g. Parish Rights Parish has rights, but most of these problems are with the pastor, yet the pastor is the one who represents the interests of the parish. Parishoners can act as individuals or groups, but they can't act as a parish without the pastor. Bishop can moderate use of rights in view of common good - Krut Walf says this negates the rights; but moderate shouldn't mean they disappear. Schwendenwein uses this argument with canon 1741 'loss of good reputation'. Acquinas makes a difference between the rights and the exercise of the right. Non use of rights might help the common good, but suppressing the rights is probably not helpful to the common good. Rights are better in avoiding conflict than they are in enforcing those same rights; better in theory than in practice.
-Many of the people in the church are against the principle of legality - it is an enlightenment notion of positivity of the law. The church will say natural law says it's wrong, so it can be punished. Positivism is seen not so much as immoral, but ammoral. Security of law is more important than justice in secular systems. Prescription is an example: it is better to come to a clear situation than a just situation. 198 on prescription requires good faith to work the 'injustice'+
- +
-**Canon 222 Provide for Church**  If the state provides, that is okay, but the faithful are ultimately responsible. Conditions can be placed on the donations, and canonically have to be respected. +
- +
-**Canon 223 Common Good**  In exercising rightscommon good, rights of others and duties to others. The rights are not unlimited. The collective element is more present in the Church than in the state. The collective rights however are not present. E.g. Parish Rights - Jim Coriden. Parish has rights, but most of these problems are with the pastor, yet the pastor is the one who represents the interests of the parish. Parishoners can act as individuals or groups, but they can't act as a parish without the pastor. Bishop can moderate use of rights in view of common good - Krut Walf says this negates the rights; but moderate shouldn't mean they disappear. Schwendenwein uses this argument with canon 1741 'loss of good reputation'. Acquinas makes a difference between the rights and the exercise of the right. Non use of rights might help the common good, but suppressing the rights is probably not helpful to the common good. Rights are better in avoiding conflict than they are in enforcing those same rights; better in theory than in practice.+
  
 ===Title II: Obligations and Rights of the Lay Faithful=== ===Title II: Obligations and Rights of the Lay Faithful===
  (Cann. 224 - 231) [[http://www.intratext.com/IXT/ENG0017/__PU.HTM|English]]  [[http://www.intratext.com/IXT/LAT0010/__PU.HTM|Latin]]  (Cann. 224 - 231) [[http://www.intratext.com/IXT/ENG0017/__PU.HTM|English]]  [[http://www.intratext.com/IXT/LAT0010/__PU.HTM|Latin]]
  
-**Canon 224** First four treat external rights, in addition to rights above.+**Canon 224** Lay faithful have additional rights.
  
-**Canon 225 Lay Apostolate** §1 Lay people are deputed to the apostolate by baptism and confirmation, they have the right and obligation to strive so that the divine message of salvation may be known and accepted by all people throughout the world. §2 They also permeate and perfect the temporal order of things with the spirit of the Gospel.+**Canon 225 Lay Apostolate** §1 Lay people are __commissioned__ to the apostolate __by baptism and confirmation__, they have the __right and obligation__ to strive so that the divine message of salvation may be known and accepted by all people throughout the world. §2 They also permeate and perfect the temporal order of things with the spirit of the Gospel.
  
-**Canon 226 Marriage and Family** §1 Married couples strive for the building up of the people of God through their marriage and family. §2 Parents have the most serious obligation and primary duty and the right to educate them.+**Canon 226 Marriage and Family** §1 Married couples strive for the building up of the people of God __through their marriage and family__. §2 Parents have the most serious obligation and primary __duty and the right to educate children__. See also cc. 744.2 (catechesis), 793, 796, 798(catholic schools), 1366 (penalty).
  
-**Canon 227 Freedom** Lay people have freedom in secular affairs which is common to all citizens; permeated with the spirit of the Gospel, and they are to //heed// the teaching of the Church //proposed// by the magisterium, but they must be on guard, in questions of opinion, against proposing their own view as the teaching of the Church. //Heed the doctrine of the church - attend, but obedience isn't mentioned. Don't present personal opinion as that of the church if it is not. //+**Canon 227 Freedom** Lay people have __freedom in secular affairs__ which is common to all citizens; permeated with the spirit of the Gospel, and they are to __heed__ the teaching of the Church __proposed__ by the magisterium, but they must be on guard, in questions of opinion, against proposing their own view as the teaching of the Church. Heed the doctrine of the church - attend, but obedience isn't mentioned. Don't present personal opinion as that of the church if it is not. 
  
-**Canon 228 Offices** §1 Suitable lay people can have offices. §2 Lay people who are outstanding in the requisite knowledge, prudence and integrity, can be experts or advisors. Canon 835, 759 hierarchy of roles in sanctifying and ruling, lay people are more present in teaching office. Canon 129 claims power is linked to orders (club rules), not to GodThese last four canons give rights in the church. Hard to believe it is so narrowminded. 861, all people can baptize, lay people confer marriage on each other (duly appointed, for validity); and 1112 they can assist, any priest can baptise, eucharist, anointing, confession with faculties. Bishop: confirmation and ordination. Sacraments are hightly protected legally. Active sign. Regulation limits abuses, but it also limits the celebration of the sacraments. 766: lay people can preach, 767: homily reserved to clerics, whether or not necessary. But homily is not 'invalid' Here munus sanctificandi overrules munus docendi where lay people can be present.+**Canon 228 Offices** §1 Suitable __lay people can have offices__. §2 Lay people who are outstanding in the requisite knowledge, prudence and integrity, can be experts or advisors. Canon 835, 759 hierarchy of roles in sanctifying and ruling, lay people are more present in teaching office. Canon 129 claims power is linked to orders. All people can baptize, lay people confer marriage on each other (duly appointed, for validity).
  
-**Canon 229 Theological Education** §1 Lay people have the duty and the right to christian teaching so the can live, proclaim and defend it, and to exercise the church's mission. §2 They have the right to fuller knowledge of the sacred sciences and degrees. §3 Lay people can teach the sacred sciences.+**Canon 229 Theological Education** §1 Lay people have the __duty and the right to christian teaching__ so the can live, proclaim and defend it, and to exercise the church's mission. §2 They have the right to fuller knowledge of the sacred sciences and degrees. §3 Lay people can teach the sacred sciences.
  
-**Canon 230 Office of Laity** §1 Men can be given the "stable ministry" of lector and of acolyte. Normally unpaid. //This is rarely done because the canon excludes women.// §2 All lay people can exercise the roles of lector, commentator, cantor, etc. §3 Where the needs of the Church require and ministers are not available, lay people can exercise the ministry of the word, preside over liturgical prayers, confer baptism and distribute Holy Communion, in accordance with law. //Deacon can't do much more: distribute communion, do homily and read gospel.//+**Canon 230 Office of Laity** §1 "Lay people who have the age and skills determined by decree by the Episcopal Conference, can be permanently employed, through the established liturgical rite, in the ministries of readers and acolytes; however, this conferment does not give them the right to sustenance or remuneration by the Church.§2 All lay people can exercise the roles of __lector, commentator, cantor, etc__. §3 Where the needs of the Church require and ministers are not available, lay people can exercise the ministry of the word, preside over liturgical prayers, confer baptism and distribute Holy Communion, in accordance with law. Deacons can't do much more: homily and read the gospel. 
 +  
 +  *[[http://www.vatican.va/roman_curia/pontifical_councils/intrptxt/documents/rc_pc_intrptxt_doc_22091998_authentic-interp_lt.html|Authentic Interpretation 1994]]: Female acolytes allowed. 
 +  * [[http://www.vatican.va/content/francesco/it/motu_proprio/documents/papa-francesco-motu-proprio-20210110_spiritus-domini.html|Motu Proprio 2021]]: Opens the stable ministry (//munus//) to women.
  
-[[http://www.vatican.va/roman_curia/pontifical_councils/intrptxt/documents/rc_pc_intrptxt_doc_22091998_authentic-interp_lt.html|Authentic Interpretation]]: Female acolytes allowed. +**Canon 231 Formation and Remuneration** §1 Lay people with offices have __duty to acquire formation__, and act conscientiously, earnestly and diligently fulfill this role. §2 Notwithstanding can. 230 §1, lay people have the __right to a worthy remuneration and benefits__. Much more a matter of civil law.
- +
-**Canon 231 Formation and Remuneration** §1 Lay people with offices should have formation, and act conscientiously, earnestly and diligently fulfil this role. §2 Notwithstanding can. 230 §1, lay people have the right to a worthy remuneration and benefits//Much more a matter of civil law, and seen as an exception, not the norm.//+
  
 ===Title III: Sacred Ministers or Clerics=== ===Title III: Sacred Ministers or Clerics===
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  [[http://www.intratext.com/IXT/ENG0017/__PV.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__PV.HTM|Latin]](Cann. 232 - 264)  [[http://www.intratext.com/IXT/ENG0017/__PV.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__PV.HTM|Latin]](Cann. 232 - 264)
  
-Long - formation is here - it is less flexible when it's here in the code, rather than lesser document. 
  
-**Canon 232 Right to Train** Church has right to train ministers.+ 
 +**Canon 232 Right to Train** Church has right to train ministers. It is less flexible when it's here in the code, rather than lesser document. There is a Plan for seminary formation and also each bishop's conference further specifies.
  
 **Canon 233 Foster Vocations** §1 All community to foster vocations, especially families, educators, clerics. Bishops are to instruct the people entrusted to them on the importance and need of ministers. §2 Attention to mature vocations. **Canon 233 Foster Vocations** §1 All community to foster vocations, especially families, educators, clerics. Bishops are to instruct the people entrusted to them on the importance and need of ministers. §2 Attention to mature vocations.
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 **Canon 234 Minor Seminaries** §1 Minor seminaries to be retained and fostered. §2 Those who aspire to the priesthood are to receive that same human and scientific formation which prepares their peers in their region for higher studies. **Canon 234 Minor Seminaries** §1 Minor seminaries to be retained and fostered. §2 Those who aspire to the priesthood are to receive that same human and scientific formation which prepares their peers in their region for higher studies.
  
-**Canon 235 Formation** §1 Religious formation and instruction in the duties of priesthood. §2 Non-resident seminarians to have someone to ensure fomration in the spiritual life and in discipline.+**Canon 235 Formation** §1 Religious formation and instruction in the duties of priesthood. §2 Non-resident seminarians to have someone to ensure formation in the spiritual life and in discipline.
  
-**Can. 236 Permanent Deacon** need spiritual formation: 1° young seminarians are to be resident for three years, 2° older seminarians, even married ones have three years program.+**Can. 236 Permanent Deacon** need spiritual formation: 1° young seminarians are to be resident for three years, 2° older seminarians, even married ones have three years program. One canon only on Deacons, nothing on Bishops.
  
 ==Chapter II: Enrollment or Incardination== ==Chapter II: Enrollment or Incardination==
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   * **Incardination from earliest apostolic times,** supported through conciliar decrees. 1917 code focused on discipline. 1983 code brought focus more to pastoral needs and the common good of the Church. There was move toward a more equitable distribution of clergy worldwide. 1. Stable ministers, 2. Stable income and employment of clergy, 3. Protection of rights.   * **Incardination from earliest apostolic times,** supported through conciliar decrees. 1917 code focused on discipline. 1983 code brought focus more to pastoral needs and the common good of the Church. There was move toward a more equitable distribution of clergy worldwide. 1. Stable ministers, 2. Stable income and employment of clergy, 3. Protection of rights.
-  * **More recently //Pastor Bonis//** need for better distribution of clergy. Bishops must have awareness of the needs of the church worldwide. The rights of the faithful are rarely mentioned in discussions of distribution of clergy. Eastern code is very similar but there is a bit on courtesy between bishops. +  * **More recently //Pastor Bonis//** (1988) need for better distribution of clergy. Bishops must have awareness of the needs of the church worldwide. The rights of the faithful are rarely mentioned in discussions of distribution of clergy. Eastern code is very similar but there is a bit on courtesy between bishops. Clerical mobility and stability are changing. The people of God have a right to ministry. The concepts of discipline of the 1917 are being raised up because of the sex abuse problem. The policies on incardination are geared not to facilitating the move, but to prohibiting the move. Married clergy - how would this effect incardination. New ecclesial movements may draw clergy across diocesan lines. Is there a future for the diocesan structure (canon 369). How does this effect the development of lay ministries? John Paul II said: Seek other solutions to the shortage.  Deacons are under the incardination system. But especially married deacons with other employment may have to choose between his bonds: employer, family, church. 
-  * **Future:** Clerical mobility and stability are changing. The people of God have a right to ministry. The concepts of discipline of the 1917 are being raised up because of the sex abuse problem. The policies on incardination are geared not to facilitating the move, but to prohibiting the move. Married clergy - how would this effect incardination. New ecclesial movements may draw clergy across diocesan lines. Is there a future for the diocesan structure (canon 369). How does this effect the development of lay ministries? John Paul II said: Seek other solutions to the shortage.  Deacons are under the incardination system. But especially married deacons with other employment may have to choose between his bonds: employer, family, church.+  * **//Predicate Evangelium//** (2022) reorganizes the curia into 16 "dicastries" with the preeminent among them being the Dicastery for Evangelization. All dicasteries can be lead by qualified lay persons, Cardinals or clerics are no longer required. And the heads of all dicasteries are to meet regularly with the pope, rather than only the heads of Doctrine and Bishops as previously. The text in Italiain: https://press.vatican.va/content/salastampa/it/bollettino/pubblico/2022/03/19/0189/00404.html
  
-**Canon 265** Every cleric incardinated. Transient clerics disallowed. Clergy must be examined - will they be useful to the pastoral care of the faithful. Usefulness should not be linked to the clergy shortage. Ordination of numbers is not the best. The faithful should be given the benefit of the doubt - they should be well served. Incardination for provision of 1. pastoral service for people, 2. livelihood for clergy, 3. labor force for leaders.+**Canon 265 All incardinated** Every cleric incardinated. Transient clerics disallowed. Clergy must be examined - will they be useful to the pastoral care of the faithful. Usefulness should not be linked to the clergy shortage. Ordination of numbers is not the best. The faithful should be given the benefit of the doubt - they should be well served. Incardination for provision of 1. pastoral service for people, 2. livelihood for clergy, 3. labor force for leaders.
  
 **Canon 266 Original Incardination** Diaconate is the doorway to incardination. **Canon 266 Original Incardination** Diaconate is the doorway to incardination.
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  [[http://www.intratext.com/IXT/ENG0017/__PX.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__PX.HTM|Latin]]  [[http://www.intratext.com/IXT/ENG0017/__PX.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__PX.HTM|Latin]]
  
-**Canon 273 Respect and Obedience** Respect and obedience to the Pope and their bishop+**Canon 273 Respect and Obedience** __Obligation of respect and obedience__ to the Pope and their bishop (ordinary)
  
-**Canon 274 Cleric Power** §1 Power of order or the power of ecclesiastical governance restricted. §2 Clerics to do job bishop gives them.+**Canon 274 Cleric Power** §1 Orders afford the power of ecclesiastical governance. §2 Clerics to do job bishop gives them.
  
-**Canon 275 Unity** §1 Clerics united in cooperation, prayer and cooperation. §2 To promote the mission of laity.+**Canon 275 Unity** §1 Clerics to be united in cooperation, prayer and cooperation. §2 To promote the mission of laity.
  
 **Canon 276 Holiness** §1 To seek holiness. §2 Through: 1) pastoral ministry; 2) spiritual life, Word and Eucharist; 3) liturgy of the hours daily; 4) spiritual retreats; 5) regular mental prayer, penance, etc. **Canon 276 Holiness** §1 To seek holiness. §2 Through: 1) pastoral ministry; 2) spiritual life, Word and Eucharist; 3) liturgy of the hours daily; 4) spiritual retreats; 5) regular mental prayer, penance, etc.
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 **Canon 277 Celibacy** §1 Perfect and perpetual continence for the sake of the Kingdom of heaven. §2 Prudence required. §3 Bishop can make norms. **Canon 277 Celibacy** §1 Perfect and perpetual continence for the sake of the Kingdom of heaven. §2 Prudence required. §3 Bishop can make norms.
  
-**Canon 278 Right of Association** §1 The secular clergy have the right of association. §2 To esteem recognized associations. §3 Avoid associatiations whose purpose or activity cannot be reconciled with the clerical state.+**Canon 278 Right of Association** §1 The secular clergy have the right of association. §2 To esteem recognized associations. §3 Avoid associations whose purpose or activity cannot be reconciled with the clerical state.
  
 **Canon 279 Education** §1 Studies should continue, but avoid profane novelties and pseudo science. §2 Priests are to attend pastoral courses, etc. §3 They are also to seek a knowledge of other sciences. **Canon 279 Education** §1 Studies should continue, but avoid profane novelties and pseudo science. §2 Priests are to attend pastoral courses, etc. §3 They are also to seek a knowledge of other sciences.
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 **Canon 280 Common Life Recommended** **Canon 280 Common Life Recommended**
  
-**Canon 281 Remuneration** §1 Clerics to get a just remuneration. §2 Social welfare and insurance. §3 Married deacons in full time ministry to be remunerated.+**Canon 281 Remuneration** §1 Clerics to get a just remuneration. §2 Social welfare and insurance. §3 Married deacons in full-time ministry to be remunerated.
  
-**Canon 282 Simplicity** §1 Clerics are to life simply. §2 Can use excess goods for charitable works.+**Canon 282 Simplicity** §1 Clerics are to live simply. §2 Can use excess goods for charitable works.
  
-**Canon 283 Residence** §1 Not to be long absent from the diocese without the at least presumed permission of their proper Ordinary. §2 They may take a rightful and sufficient holiday every year.+**Canon 283 Residence** §1 Not to be long absent from the diocese without the at least presumed permission of their proper Ordinary. §2 They may take a rightful and sufficient vacation every year.
  
 **Canon 284 Dress** Clerics are to wear suitable ecclesiastical dress. **Canon 284 Dress** Clerics are to wear suitable ecclesiastical dress.
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 **Canon 285 Unbecoming** §1 Clerics are to shun completely everything that is unbecoming to their state. §2 Avoid whatever is foreign to their state. §3 Not assume public office. §4 Not administer goods of others or act as surety. **Canon 285 Unbecoming** §1 Clerics are to shun completely everything that is unbecoming to their state. §2 Avoid whatever is foreign to their state. §3 Not assume public office. §4 Not administer goods of others or act as surety.
  
-**Canon 286 Business** Commerse or trade forbidden without permission.+**Canon 286 Business** Commerce or trade forbidden without permission.
  
 **Canon 287 Peace and Justice** §1 Clerics are always to do their utmost to foster among people peace and harmony based on justice. §2 No political parties or trade unions except to protect the Church or common good. **Canon 287 Peace and Justice** §1 Clerics are always to do their utmost to foster among people peace and harmony based on justice. §2 No political parties or trade unions except to protect the Church or common good.
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 **Canon 294** Personal prelatures may be established by the Apostolic See after consultation with the Episcopal Conferences concerned. There are priests and deacons; to promote an appropriate distribution of priests, or special enterprise. Only one example: Opus Dei: founded by Josemaria Escriva 1928. Its mission is to spread the message that work and the circumstances of everyday life are occasions for growing closer to God, for serving others, and for improving society. Sanctification of ordinary life. Approved as personal prelature 1982 by JPII. Ap. const "Ut Sit" plus accompanying Statutes (c. 295) make clear full membership of priests and laity (c. 296). Some celibate members (Numeraries and Associates); most however are married (Supernumeraries). Statutes prescribe cooperation with diocesan Bishop (c. 297). Arrieta and others: Personal jurisdiction of Prelate: Opus Dei is a "complementary" structure, like Military Ordinariates, in which the members remain members of the diocese in which they have domicile. **Canon 294** Personal prelatures may be established by the Apostolic See after consultation with the Episcopal Conferences concerned. There are priests and deacons; to promote an appropriate distribution of priests, or special enterprise. Only one example: Opus Dei: founded by Josemaria Escriva 1928. Its mission is to spread the message that work and the circumstances of everyday life are occasions for growing closer to God, for serving others, and for improving society. Sanctification of ordinary life. Approved as personal prelature 1982 by JPII. Ap. const "Ut Sit" plus accompanying Statutes (c. 295) make clear full membership of priests and laity (c. 296). Some celibate members (Numeraries and Associates); most however are married (Supernumeraries). Statutes prescribe cooperation with diocesan Bishop (c. 297). Arrieta and others: Personal jurisdiction of Prelate: Opus Dei is a "complementary" structure, like Military Ordinariates, in which the members remain members of the diocese in which they have domicile.
  
-**Canon 295** §1 Governed by statutes laid down by the Apostolic SeePrelate presides as proper Ordinary with right to a seminary & incardination§2 The Prelate provides spiritual formation and support for ordained. Pamplona Santa Croce.+**Canon 295** Change: [[https://www.vatican.va/content/francesco/it/motu_proprio/documents/20230808-motu-proprio-prelature-personali.html|MP 8/8/23:]] 
  
-**Canon 296** Lay people can dedicate themselves by agreement as defined in statutes.+  * § 1. The personal prelature, which is similar to public clerical associations of pontifical law with the ability to incardinate clerics, is governed by statutes approved or emanated by the Apostolic See and presided over by the Prelate as Moderator, endowed with the faculties of an Ordinary, ..with right to incardinate. 
 +  * § 2. As a Moderator endowed with the faculties of an Ordinary, the Prelate must provide either for the spiritual education of those whom he has promoted by the aforementioned title, or for their dignified support. 
 +  * Formerly: §1 Governed by statutes laid down by the Apostolic See. Prelate presides as proper Ordinary with right to a seminary & incardination. §2 The Prelate provides spiritual formation and support for ordained. Pamplona / Santa Croce. 
 + 
 +**Canon 296** In view of can. 107, according to the provisions and agreements entered into with the prelature, the laity can dedicate themselves to the apostolic works of the personal prelature; but the manner of this organic cooperation and the main duties and rights connected with it, shall be determined appropriately in the statutes."Lay people can dedicate themselves by agreement as defined in statutes.
  
 **Canon 297** The statutes define the relationships with local ordinaries where they act. **Canon 297** The statutes define the relationships with local ordinaries where they act.
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  (Cann. 298 - 329)  (Cann. 298 - 329)
-  * Attempt to use this form for disestablishing sponsorship by religious communities. Belgian bishops wanted one overarching association. Neither worked, so hospitals became private institutions. //Christifideles laici// of John Paul II established five 'criteria of ecclesiality' for lay associations: +  * Attempt to use this form for transitioning sponsorship by religious communities. //Christifideles laici// of John Paul II established five 'criteria of ecclesiality' for lay associations: 
-  * The primacy given to the call of every Christian to holiness, as it is manifested "in the fruits of grace which the spirit produces in the faithful"[109] and in a growth towards the fullness of Christian life and the perfection of charity.[110] +    * The primacy given to the __call of every Christian to holiness__, as it is manifested "in the fruits of grace which the spirit produces in the faithful"[109] and in a growth towards the fullness of Christian life and the perfection of charity.[110] 
-  * The responsibility of professing the Catholic faith, embracing and proclaiming the truth about Christ, the Church and humanity, in obedience to the Church's Magisterium as the Church interprets it. For this reason every association of the lay faithful must be a forum where the faith is proclaimed as well as taught in its total content. +    * The responsibility of __professing the Catholic faith__, embracing and proclaiming the truth about Christ, the Church and humanity, in obedience to the Church's Magisterium as the Church interprets it. For this reason every association of the lay faithful must be a forum where the faith is proclaimed as well as taught in its total content. 
-  *The witness to a strong and authentic communion in filial relationship to the Pope, in total adherence to the belief that he is the perpetual and visible centre of unity of the universal Church,[112] and with the local Bishop, "the visible principle and foundation of unity"[113] in the particular Church, and in "mutual esteem for all forms of the Church's apostolate."[114] +    * The witness to a strong and __authentic communion__ in filial relationship to the Pope, in total adherence to the belief that he is the perpetual and visible centre of unity of the universal Church,[112] and with the local Bishop, "the visible principle and foundation of unity"[113] in the particular Church, and in "mutual esteem for all forms of the Church's apostolate."[114] 
-  * Conformity to and participation in the Church's apostolic goals, that is, "the evangelization and sanctification of humanity and the Christian formation of people's conscience, so as to enable them to infuse the spirit of the Gospel into the various communities and spheres of life."[115] +    * Conformity to and __participation in the Church's apostolic goals__, that is, "the evangelization and sanctification of humanity and the Christian formation of people's conscience, so as to enable them to infuse the spirit of the Gospel into the various communities and spheres of life."[115] 
-  * A commitment to a presence in human society, which in light of the Church's social doctrine, places it at the service of the total dignity of the person.+    * A commitment to a __presence in human society__, which in light of the Church's social doctrine, places it at the service of the total dignity of the person.
   * Three types of assns: Public Assn always JP; Private Assn with or without JP; Defacto Assn. [[http://www.vatican.va/roman_curia/pontifical_councils/laity/documents/rc_pc_laity_doc_20051114_associazioni_en.html| Examples]]   * Three types of assns: Public Assn always JP; Private Assn with or without JP; Defacto Assn. [[http://www.vatican.va/roman_curia/pontifical_councils/laity/documents/rc_pc_laity_doc_20051114_associazioni_en.html| Examples]]
  
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-**Canon 298 Definition and Purposes.** Groupings of Catholics can gather in associations. Special encouragement for approved, erected, commended associations. These gatherings may be //de facto//, private or public. +**Canon 298 Definition and Purposes.** Groupings of Catholics can gather in associations. Special encouragement for approved, erected, commended associations. These gatherings may be //de facto//, private or public. 
- Global list, less the exceptions in 301+
  
 **Canon 299 Private Associations.** §1 Association may be by private agreement. §2 They retain their private character even if recognized by the church. §3 To be recognized as Catholic, the statutes must be reviewed. //Doesn't entail legal personality// **Canon 299 Private Associations.** §1 Association may be by private agreement. §2 They retain their private character even if recognized by the church. §3 To be recognized as Catholic, the statutes must be reviewed. //Doesn't entail legal personality//
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 **Canon 300 "Catholic."** Can't be called //Catholic// without consent of competent ecclesiastical authority. **Canon 300 "Catholic."** Can't be called //Catholic// without consent of competent ecclesiastical authority.
  
-**Canon 301 Public Association.** Public association required to impart Christian teaching in the name of the Church, or to promote public worship, or which are directed to other ends whose pursuit is of its nature reserved to the same ecclesiastical authority. Erection of public associations is reserved to the competent ecclesiastical authority. type of assn for office of sanctificandi or docendi, but not regendi. Winfried Aymans: 3 ways of having public assn: free initiative of church authorities, transformation of a private assn into a public one.+**Canon 301 Public Association.** Public association required to impart Christian teaching //in nomine ecclesiae// in the name of the Church, or to promote public worship, or which are directed to other ends whose pursuit is of its nature reserved to the same ecclesiastical authority. Erection of public associations is reserved to the competent ecclesiastical authority. type of assn for office of sanctificandi or docendi, but not regendi. Winfried Aymans: 3 ways of having public assn: free initiative of church authorities, transformation of a private assn into a public one.
  
 **Canon 302 Clerical Associations.** To be clerical an association must be: under the clergy, presume sacred orders and be recognized by competent ecclesiastical authority. **Canon 302 Clerical Associations.** To be clerical an association must be: under the clergy, presume sacred orders and be recognized by competent ecclesiastical authority.
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 **Canon 304 Statutes. ** Statutes contain: goal, seat, governance and the conditions of membership, manner of action. These must be approved by the church authorities for public or private association status. **Canon 304 Statutes. ** Statutes contain: goal, seat, governance and the conditions of membership, manner of action. These must be approved by the church authorities for public or private association status.
  
-**Canon 305 Oversight.** Vigilance of competent ecclesiastical authority is required. Less than directiore altioris. This is more about legal possibility for a canonical assn.+**Canon 305 Oversight.** Vigilance of __competent ecclesiastical authority__ is required. Less than directiore altioris. Moderatur = guidance
  
 **Canon 306 Conditions of membership.** Valid reception by association according to statutes is required. **Canon 306 Conditions of membership.** Valid reception by association according to statutes is required.
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-**Canon 312 Establishment.**  §1 Authority to establish public associations is Holy See for universal, Episcopal Conference for their territory, diocesan Bishop for the diocese (but not the diocesan administrator.  §2 Written permission from the bishop is required to establish a branch of the association in his diocese. also canon 116 - is approbation constituitive or does it merely confirm the existence of an assn. Morrissey says you might take the establishment slowly and only eventually become a canonical assn or pjp. Approving authorith can't change it.+**Canon 312 Establishment.**  §1 Authority to establish public associations is __Holy See__ for universal, __Episcopal Conference__ for their territory, diocesan __Bishop__ for the diocese (but not the diocesan administrator.  §2 Written permission from the bishop is required to establish a branch of the association in his diocese. also canon 116 - is approbation constituitive or does it merely confirm the existence of an assn. Morrissey says you might take the establishment slowly and only eventually become a canonical assn or pjp. Approving authorithy can approve changes.
  
-**Canon 313 Juridic Person.**  Public associations are Juridic persons acting in the name of the church, so they can only be erected by the competent authorities. This cannot be changed by the association's statutes. Authorities control them to the extent that they are public, but not very much associations. Opposition of civil law freedom and control by the church make it almost impossible for the civil structure to work. The decree erecting the association also establishes the juridic person. 'acting in name of church' more like an administrative body. Luis Navarro Marfa: church guarantees character, then must have control.+**Canon 313 Juridic Person.**  Public associations are Juridic persons acting //in the name of the church//, so they can only be erected by the competent authorities. This cannot be changed by the association's statutes. Authorities control them to the extent that they are public, but not very much associations. Opposition of civil law freedom and control by the church make it almost impossible for the civil structure to work. The decree erecting the association also establishes the juridic person. 'acting in name of church' more like an administrative body. 
  
 **Canon 314 Statutes.**  Statutes must be approved. See also canon 117. **Canon 314 Statutes.**  Statutes must be approved. See also canon 117.
  
-**Canon 315 Private initiative.**  Public associations can, on their own initiative, undertake projects, but under the higher direction of the ecclesiastical authority. But this doesn't including a voting or veto right of the bishop. Direct intervention is not expected. sub altiore tamen directione auctoritatis ecclesiasticae. But according to AA of VCII, this is less than governance. So it is Secondary and indirect (can't intervene, but put pressure) oversight.+**Canon 315 Private initiative.**  Public associations can, __on their own initiative__, undertake projects, but under the higher direction of the ecclesiastical authority. But this doesn't including a voting or veto right of the bishop. Direct intervention is not expected. sub altiore tamen directione auctoritatis ecclesiasticae. But according to AA of VCII, this is less than governance. So it is Secondary and indirect (can't intervene, but put pressure) oversight.
  
 **Canon 316 Membership.** §1 various excommunicates and public rejectors of catholic faith can't be validly admitted as members, or §2 must be warned then dismissed if current members become excommunicates. Who can be a member? 1) Only Catholics, 2) Catholics and other Christians, 3) all human beings. **Canon 316 Membership.** §1 various excommunicates and public rejectors of catholic faith can't be validly admitted as members, or §2 must be warned then dismissed if current members become excommunicates. Who can be a member? 1) Only Catholics, 2) Catholics and other Christians, 3) all human beings.
-  * Meyers: Only Catholics can be members because it is acting in the name of the church. Also, Canon 11: the code and this canon only applies to Catholics. Canon 298.1 envisions clerics and lay persons i.e. Christ’s faithful as members of the associations. History of the redaction of the code - often that is quite minimist. 1977 schema was very liberal: explicitly said non-Catholics could be included unless the competent authority had certain good reasons to be opposed to them. 1980 schema 681.4 said non-catholic Christians cannot be members of public associations and cannot be members of private associations unless exceptions are made by the competent authority and as long there is no danger for scandal. 1982 same as 1980. 1983, without explanation, the 4th paragraph saying no for public associations and no-unless for private associations. Elimination was probably because it was not necessary, going to the argument that the code is only for Catholics. If this is true, then the elimination of the 4th paragraph is an elimination of the only allowance for non-Catholics. However, there is effect on the actions of the association. So unless the bishop protests, there is acta contra legem, but no real effect. Also Eastern Catholics are not mentioned. Canons against rights are interpreted strictly.+  * Meyers: __Only Catholics__ can be members because it is acting in the name of the church. Also, Canon 11: the code and this canon only applies to Catholics. Canon 298.1 envisions clerics and lay persons i.e. Christ’s faithful as members of the associations. History of the redaction of the code - often that is quite minimist. 1977 schema was very liberal: explicitly said non-Catholics could be included unless the competent authority had certain good reasons to be opposed to them. 1980 schema 681.4 said non-catholic Christians cannot be members of public associations and cannot be members of private associations unless exceptions are made by the competent authority and as long there is no danger for scandal. 1982 same as 1980. 1983, without explanation, the 4th paragraph saying no for public associations and no-unless for private associations. Elimination was probably because it was not necessary, going to the argument that the code is only for Catholics. If this is true, then the elimination of the 4th paragraph is an elimination of the only allowance for non-Catholics. However, there is effect on the actions of the association. So unless the bishop protests, there is acta contra legem, but no real effect. Also Eastern Catholics are not mentioned. Canons against rights are interpreted strictly.
   * __Publicly reject the catholic faith__: 1) heretic, schimatics or apostates. Rejection must be public: this is used nowhere else in the code. Canon 751: Pertinax + Public (continuous and open - like adverse possession).   * __Publicly reject the catholic faith__: 1) heretic, schimatics or apostates. Rejection must be public: this is used nowhere else in the code. Canon 751: Pertinax + Public (continuous and open - like adverse possession).
   * __Defection from ecclesiastical communion__: doesn't exclude sinners. The formal intention to be out of communion is required. It must be positive and incontrovertable. E.g. divorced and remarried can't receive communion but this doesn't exclude from public associations. This is quite liberal. No where else in the code.   * __Defection from ecclesiastical communion__: doesn't exclude sinners. The formal intention to be out of communion is required. It must be positive and incontrovertable. E.g. divorced and remarried can't receive communion but this doesn't exclude from public associations. This is quite liberal. No where else in the code.
  
-**Canon 317 Moderator.** §1 Statutes can appoint the moderator, if it doesn't the bishop can confirm or appoint. The chaplain, if any, is appointed by the bishop. (Moderator is a term that shouldn't be conferred on lay people according to another instruction. But still there are no sanctions.)  §2 Religious institutes associations outside the institute are possible. But if in the institute, nomination or confirmation of the moderator and chaplain pertains to the superior of the institute.  §3 in non-clerical associations, lay persons can be moderators.  §4 Political leaders can't be moderators in public associations for exercise of the apostolate.+**Canon 317 Moderator.** §1 __Statutes can appoint__ the moderator, if it doesn't the bishop can confirm or appoint. The __chaplain__, if any, is appointed by the bishop. (Moderator is a term that shouldn't be conferred on lay people according to another instruction. But still there are no sanctions.)  §2 Religious institutes associations outside the institute are possible. But if in the institute, nomination or confirmation of the moderator and chaplain pertains to the superior of the institute.  §3 in non-clerical associations, lay persons can be moderators.  §4 Political leaders can't be moderators in public associations for exercise of the apostolate.
  
-**Canon 318 Crisis.** Bishop can appoint a commissioner to direct the association in his name for the time being. External crisis manager, need not even be related to the association. This is impossible to implement in civil law, though you could write in a golden chair with SOME veto rights.+**Canon 318 Crisis.** Bishop can appoint a __commissioner__ to direct the association in his name for the time being. External crisis manager, need not even be related to the association. This is impossible to implement in civil law, though you could write in a golden chair with SOME veto rights.
  
-**Canon 319 Temporal Goods.** Fair amount of freedom in the actions, but there is also accounting required. Goods are considered ecclesiastical goods: book five, unless stipulated in statutes.+**Canon 319 Temporal Goods.** Fair amount of freedom in the actions, but there is also accounting required. Goods are considered __ecclesiastical goods__: book five, unless stipulated in statutes.
  
 **Canon 320 Dissolution.** Inactivity or active dissolution by the one who erected. **Canon 320 Dissolution.** Inactivity or active dissolution by the one who erected.
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 |Juridic Pers.|yes|yes|yes|no| |Juridic Pers.|yes|yes|yes|no|
 |Dissolution|goods to superior JP|> statutes|JP|> statutes| |Dissolution|goods to superior JP|> statutes|JP|> statutes|
 +|  |  Control    < < < < < < < < < < < < < <  -----------  > > > > > > > > > > > >   Autonomy  ||||
  
 ====Part II: Hierarchical Constitution of the Church==== ====Part II: Hierarchical Constitution of the Church====
 ===Section I: Supreme Authority of the Church.=== ===Section I: Supreme Authority of the Church.===
  (Cann. 330 - 367)  (Cann. 330 - 367)
- 
-**Canon 335** If the see of Rome is vacant or impeded, special law provides. But the special law is not known or promulgated. All the diacastries and departments work, but no document needing the pope's signature can be published. Any vacant sees will remain vacant because the pope sees to this personally. 
- 
-Hypothesis - there is a special law not yet published, but promulgated only to the hands of a few who are charged to carry it out. 
- 
-Hypothesis - if there is no law, follow canons 412 and following. In the law of the vacant see of Rome. Cardinal VG of Rome remains in office even when the see is vacant. 
  
 ==Chapter I: Roman Pontiff and College of Bishops== ==Chapter I: Roman Pontiff and College of Bishops==
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-**Canon 330** Just as, by the decree of the Lord, Saint Peter and the rest of the Apostles form one College, so for a like reason the Roman Pontiff, the successor of Peter, and the Bishops, the successors of the Apostles, are united together in one.+**Canon 330 One College** Just as, by the decree of the Lord, Saint Peter and the rest of the Apostles form one College, so for a like reason the Roman Pontiff, the successor of Peter, and the Bishops, the successors of the Apostles, are united together in one.
  
-**Canon 331** Head of the College of Bishops, the Vicar of Christ, and the Pastor of the universal Church here on earth. ...Has supreme, full, immediate and universal ordinary power in the Church.+**Canon 331 Head of College** Head of the College of Bishops, the Vicar of Christ, and the Pastor of the universal Church here on earth. ...Has __supreme, full, immediate and universal ordinary power in__ the Church.
  
-**Canon 332** From the moment he accepts election to the supreme pontificate. ...He is immediately to be ordained Bishop. Resignation must be free and made manifest.+**Canon 332 Election & Resignation** From the moment he accepts election to the supreme pontificate. ...He is immediately to be ordained Bishop. Resignation must be free and made manifest, need not be accepted.
  
-§2 Should it happen that the Roman Pontiff resigns from his office, it is required for validity that the resignation be freely made and properly manifested, but it is not necessary that it be accepted by anyone.+**Canon 333 No Recourse** There is neither appeal no recourse against a judgment or a decree of the Roman Pontiff.
  
-**Canon 333** There is neither appeal no recourse against a judgment or a decree of the Roman Pontiff.+**Canon 334 Assistance** Bishops and Cardinals assist in governance.
  
-The pope is aided in his governance of the church through the Roman Curia which has been variously organized over the centuriesThe document governing the current organization of the Curia is [[http://w2.vatican.va/content/john-paul-ii/en/apost_constitutions/documents/hf_jp-ii_apc_19880628_pastor-bonus-index.html| Pastor Bonus 1988]]+**Canon 335 Impeded** If the see of Rome is vacant or impeded, special law provides. But the special law is not known or promulgated. All the diacastries and departments work, but no document needing the pope's signature can be publishedAny vacant sees will remain vacant because the pope sees to this personally. 
 +  * Hypothesis - there is a special law not yet published, but promulgated only to the hands of a few who are charged to carry it out. 
 +  * Hypothesis - if there is no law, follow canons 412 and followingIn the law of the vacant see of RomeCardinal VG of Rome remains in office even when the see is vacant.
  
 __**Article 2: College of Bishops.**__ __**Article 2: College of Bishops.**__
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-**Canon 336** The head of the College of Bishops is the Supreme Pontiff, and its members are the Bishops by virtue of their sacramental consecration and hierarchical communion with the head of the College and its members.+**Canon 336 Head and Members** The head is the Supreme Pontiff, and its members are the Bishops in communion with the head and each other.
  
-**Canon 337** §1 The College of Bishops exercises its power over the universal Church in solemn form in an Ecumenical Council.+**Canon 337 Ecumenical Council** §1 The College of Bishops exercises its power over the universal Church in solemn form in an Ecumenical Council. 2. and in their individual dioceses spread throughout the world. 21 councils in the history of the Church.
  
-**Canon 338** §1 It is the prerogative of the Roman Pontiff alone to summon an Ecumenical Council.+**Canon 338 Calling a Council** §1 It is the prerogative of the Roman Pontiff alone to summon an Ecumenical Council.
  
-**Canon 339** §1 All Bishops, have the right and the obligation to be present at an Ecumenical Council.+**Canon 339 Attending a Council** §1 All Bishops, have the right and the obligation to be present at an Ecumenical Council. §2 Some others besides, can be summoned to an Ecumenical Council, to whom it belongs to determine what part they take in the Council.
  
-§2 Some others besides, can be summoned to an Ecumenical Council, to whom it belongs to determine what part they take in the Council. +**Canon 340 Suspended Council** Suspended if Apostolic See becomes vacant.
- +
-**Canon 340** Suspended if Apostolic See becomes vacant.+
  
 ==Chapter II: Synod of Bishops.== ==Chapter II: Synod of Bishops.==
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-**Canon 342** The synod of Bishops is a group of Bishops selected from different parts of the world, who meet together at specified times to promote the close relationship between the Roman Pontiff and the Bishops.... defense and development of faith and morals, ecclesiastical discipline,  mission of the Church in the world. Doesn't issue decrees.+**Canon 342 Synod** The synod of Bishops is a group of Bishops selected from different parts of the world, who meet together at specified times to promote the close relationship between the Roman Pontiff and the Bishops.... defense and development of faith and morals, ecclesiastical discipline,  mission of the Church in the world. Doesn't issue decrees. Most synods since VCII have had about 300 bishops gathered every 3 years for 3-4 weeks, after broader preparatory consultation, and with a document from the Holy Father coming in response. They have been advisory in capacity.
  
 ==Chapter III: Cardinals of the Holy Roman Church.== ==Chapter III: Cardinals of the Holy Roman Church.==
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-**Canon 349** The Cardinals of the Holy Roman Church constitute a special College, whose prerogative it is to elect the Roman Pontiff in accordance with the norms of a special law.... questions of major importance, daily care of the universal Church.+**Canon 349 ** The Cardinals of the Holy Roman Church constitute a special College, whose prerogative it is to elect the Roman Pontiff in accordance with the norms of a special law.... questions of major importance, daily care of the universal Church. Meet rarely in consistory, and in conclave to elect a pope. [[http://w2.vatican.va/content/john-paul-ii/en/apost_constitutions/documents/hf_jp-ii_apc_22021996_universi-dominici-gregis.html| On papal elections and government between popes.]]
  
 ==Chapter IV: Roman Curia.== ==Chapter IV: Roman Curia.==
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 **Canon 360** The Supreme Pontiff usually conducts the business of the universal Church through the Roman Curia. **Canon 360** The Supreme Pontiff usually conducts the business of the universal Church through the Roman Curia.
  
-**Canon 361** In this Code the terms Apostolic See or Holy See mean not only the Roman Pontiff, but also, unless the contrary is clear from the nature of things or from the context, the Secretariat of State, the Council for the public affairs of the Church, and the other Institutes of the Roman Curia.+**Canon 361** In this Code the terms Apostolic See or Holy See mean not only the Roman Pontiff, but also, unless the contrary is clear from the nature of things or from the context, the Secretariat of State, the Council for the public affairs of the Church, and the other Institutes of the Roman Curia. [[http://www.vatican.va/roman_curia/index.htm| Curia Website]] They are executive offices and may issues instructions, declarations, directories and responses. 
 + 
 +The Roman Curia has been variously organized over the centuries. The document governing the current organization of the Curia is [[https://press.vatican.va/content/salastampa/it/bollettino/pubblico/2022/03/19/0189/00404.html| Predicate Evangelium 2022]].
  
 ==Chapter V: Papal Legates.== ==Chapter V: Papal Legates.==
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-**Canon 363** §1 To Legates of the Roman Pontiff is entrusted the office of representing in a stable manner the person of the Roman Pontiff in the particular Churches, or also in the States and public Authorities, to whom they are sent. Information, assistance, communication.+**Canon 363 Legates** §1 To Legates of the Roman Pontiff is entrusted the office of representing in a stable manner the person of the Roman Pontiff in the particular Churches, or also in the States and public Authorities, to whom they are sent. Nuncio or delegate for information, assistance, communication.
  
 ===Section II: Particular Churches and Their Groupings.=== ===Section II: Particular Churches and Their Groupings.===
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  [[http://www.intratext.com/IXT/ENG0017/__P1B.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P1B.HTM|Latin]] SC 33 2/99, 349-397: T. J. Green: Diocesan and Parish Structures: A Comparison of Selected Canons in the Codex iuris canonici and Codex canonum Ecclesiarum orientalium. (Article)  [[http://www.intratext.com/IXT/ENG0017/__P1B.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P1B.HTM|Latin]] SC 33 2/99, 349-397: T. J. Green: Diocesan and Parish Structures: A Comparison of Selected Canons in the Codex iuris canonici and Codex canonum Ecclesiarum orientalium. (Article)
  
- First section: local/particular Church – particular churches and their groupings, in section II of part II of book II. Start with canon 368 - ‘Groupings’ should be translated more as ‘assemblies’ or ‘meetings’, ‘where local churches meet’.  - A particular church is the basic unit of pastoral organization in the Church. - Chapter 1 defines ‘particular church’ and gives the different categories – canons 368-374. This section is expanded from only 3 canons in the 1917 code. LG 23 presented the Church founded by Christ as a communion of sacred communities around their pastors. Communionis notio (7-9) sees The universal and particular levels of the church are interrelated and complementary. CCEO uses particular church for a church sui iuris. Arrieta sees the term particular church to be primarily theological without distinct juridic content, whereas the term diocese or prelature has precise juridical meaning which corresponds to the theological term. The term as used in CIC is used to refer to these more juridical concepts. Particular church is pastor + people + presbyterate. He prefers communiatrian ecclesiastical circumscription - distinct from structural ecclesiastical circumscriptions, e.g. synods and episcopal conferences. Hierarchical nature is posited on baptism and ordination. 1) Ordinary Territorial churches dependent on the congregation of bishops: diocese, territorial prelature and territorial abbacy; 2) Mission territories dependent on C. evangelization of peoples: mission dioceses, vicariates apostolic and prefectures apostolic. 3) personal ordinariates: personal diocese and prelatures, military dioceses and ordinaries for eastern rite.+  * First section: local/particular Church – particular churches and their groupings, in section II of part II of book II. Start with canon 368 - ‘Groupings’ should be translated more as ‘assemblies’ or ‘meetings’, ‘where local churches meet’.  - A particular church is the basic unit of pastoral organization in the Church. - Chapter 1 defines ‘particular church’ and gives the different categories – canons 368-374. This section is expanded from only 3 canons in the 1917 code. LG 23 presented the Church founded by Christ as a communion of sacred communities around their pastors. Communionis notio (7-9) sees The universal and particular levels of the church are interrelated and complementary. CCEO uses particular church for a church sui iuris. Arrieta sees the term particular church to be primarily theological without distinct juridic content, whereas the term diocese or prelature has precise juridical meaning which corresponds to the theological term. The term as used in CIC is used to refer to these more juridical concepts. Particular church is pastor + people + presbyterate. He prefers communiatrian ecclesiastical circumscription - distinct from structural ecclesiastical circumscriptions, e.g. synods and episcopal conferences. Hierarchical nature is posited on baptism and ordination. 1) Ordinary Territorial churches dependent on the congregation of bishops: diocese, territorial prelature and territorial abbacy; 2) Mission territories dependent on C. evangelization of peoples: mission dioceses, vicariates apostolic and prefectures apostolic. 3) personal ordinariates: personal diocese and prelatures, military dioceses and ordinaries for eastern rite.
  
-**Canon 368 Particular Churches** Ecclesia Particolaris - Particular Churches and their groupings. Authority was established in these churches. Here we find the definition of a particular church and the different categories. This text is taken (basically) from Lumen Gentium 13, 23.+**Canon 368 Particular Churches** //Ecclesia Particolaris// - Particular Churches and their groupings. Authority was established in these churches. Here we find the definition of a particular church and the different categories. This text is taken (basically) from Lumen Gentium 13, 23.
   * There are 3,000 local churches. Vatican II discussed the difference between local and universal churches – is the local church just a division of the universal church. Msgr Phillips (from Leuven) said that local churches form together the universal church, but at the same time the universal church is realized in a local church. Came up with the phrase “in which and from which” which was included in the canon: //in quips et ex quibus//.   * There are 3,000 local churches. Vatican II discussed the difference between local and universal churches – is the local church just a division of the universal church. Msgr Phillips (from Leuven) said that local churches form together the universal church, but at the same time the universal church is realized in a local church. Came up with the phrase “in which and from which” which was included in the canon: //in quips et ex quibus//.
   * The universal church is present in many corners of the world.  This shows a relation between the two.  There are different categories and models of particular churches which take their type as 'particular church' from the diocese.  The primary example is that of the Diocese; when the code uses particular church, it means all types, unless otherwise evident. Their head is a local ordinary, who may not be a bishop. They are called the vicar, prefect, administrator, prelate or abbot. Each of these particular churches has a territory and the full care of souls.   * The universal church is present in many corners of the world.  This shows a relation between the two.  There are different categories and models of particular churches which take their type as 'particular church' from the diocese.  The primary example is that of the Diocese; when the code uses particular church, it means all types, unless otherwise evident. Their head is a local ordinary, who may not be a bishop. They are called the vicar, prefect, administrator, prelate or abbot. Each of these particular churches has a territory and the full care of souls.
   * **DIOCESE** 1) Territorial Prelature, 2) Territorial Abbacy, 3) Apostolic Vicariate, 4) Apostolic Prefecture, Apostolic Administration – Military Diocese. 5) and an apostolic administration erected in a stable manner. Military Diocese - describe 4/21/86 by John Paul II in [[http://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_19860421_spirituali-militum-curae_lt.html| Spirituali militum curae]]  didn't exist then the code was being written. The military Diocese is not territorial but is a personal Diocese. Now world-wide there are 35 military Dioceses. If you are in the Army you belong to that Diocese but at the same time you also belong to the Diocese of your place of residence back home.  This means you can observe the rules of both and choose to marry in either; this is not without problems of coordination.   * **DIOCESE** 1) Territorial Prelature, 2) Territorial Abbacy, 3) Apostolic Vicariate, 4) Apostolic Prefecture, Apostolic Administration – Military Diocese. 5) and an apostolic administration erected in a stable manner. Military Diocese - describe 4/21/86 by John Paul II in [[http://www.vatican.va/holy_father/john_paul_ii/apost_constitutions/documents/hf_jp-ii_apc_19860421_spirituali-militum-curae_lt.html| Spirituali militum curae]]  didn't exist then the code was being written. The military Diocese is not territorial but is a personal Diocese. Now world-wide there are 35 military Dioceses. If you are in the Army you belong to that Diocese but at the same time you also belong to the Diocese of your place of residence back home.  This means you can observe the rules of both and choose to marry in either; this is not without problems of coordination.
-  * **Opus Dei** is neither a Diocese nor Ecclesia Particolaris, it is a Prelatura personalis and is not mentioned in the canon. +  * There are two categories of Bishops: 1) Diocesan Bishops with their portio populi Dei, 2) and Titular Bishops who are ordained but have the title of an old Diocese which no longer exists.  They therefore have no people or congregation which kind of makes them shepherds without sheep.  They have another function within the church. 
- There are two categories of Bishops: 1) Diocesan Bishops with their portio populi Dei, 2) and Titular Bishops who are ordained but have the title of an old Diocese which no longer exists.  They therefore have no people or congregation which kind of makes them shepherds without sheep.  They have another function within the church. +  * Careful! A grouping of clergy is not a diocese – with no lay people.
-  * Careful! A grouping of clergy is not a diocese – with no lay people. Also, Opus Dei, a collection of clergy and laity, is not a diocese.+
   * Arrieta: mutual interiority of the universal and local churches is reflected in the exercise of power in the local church which is never exclusive of the power of the universal church.   * Arrieta: mutual interiority of the universal and local churches is reflected in the exercise of power in the local church which is never exclusive of the power of the universal church.
  
-**Canon 369 Diocese Defined** Contains a theological definition of a Diocese  from  [[http://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-ii_decree_19651028_christus-dominus_en.html |Christus Dominus 11]] A Diocese is //portio populi Dei// entrusted to a bishop, with cooperation of presbyterium. The size of a //portion// is not defined. Membership is defined by Rome, according to territory (canon 372). For a diocese, you need 1) a community of people, and 2) a bishop with a group of priests. Territoriality is not present in this definition, though it may be assumed in the term //portio//.+**Canon 369 Diocese Defined** from  [[http://www.vatican.va/archive/hist_councils/ii_vatican_council/documents/vat-ii_decree_19651028_christus-dominus_en.html |Christus Dominus 11]] A Diocese is __a //portio populi Dei// entrusted to a bishop, with cooperation of presbyterium__. The size of a //portion// is not defined. Membership is defined by Rome, according to territory (canon 372). For a diocese, you need 1) a community of people, and 2) a bishop with 3) a group of priests. Territoriality is not present in this definition, though it may be assumed in the term //portio//.
   * The priests don’t appoint the bishop (currently); the bishop has no mandate from the priests, but from the Holy See.   * The priests don’t appoint the bishop (currently); the bishop has no mandate from the priests, but from the Holy See.
   * Two essential activities: preaching the Gospel and celebrating the Eucharist.   * Two essential activities: preaching the Gospel and celebrating the Eucharist.
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   * When you have such a community under the Holy Spirit then you have a local realization of the church of Christ. Christi Ecclesia. The will of Christ is realized.   * When you have such a community under the Holy Spirit then you have a local realization of the church of Christ. Christi Ecclesia. The will of Christ is realized.
   * Distinguish other circumscriptions a) without a coetus fidelium would be a missionary structure, or personal prelature; b) they are not lead by a bishop, or are lead vicariously: prefecture, vicariate, apostolic administration; c) some have no 'indigenous clergy, but depend on others. In the diocese, the bishop acts in his own name.   * Distinguish other circumscriptions a) without a coetus fidelium would be a missionary structure, or personal prelature; b) they are not lead by a bishop, or are lead vicariously: prefecture, vicariate, apostolic administration; c) some have no 'indigenous clergy, but depend on others. In the diocese, the bishop acts in his own name.
-  * The diocese is the classical and most usual form of the particular church. We have world-wide 2,800 Dioceses. About 2,150 are ordinary ones. About 550 are metropolitan. About 75 Arch-Dioceses where there is an Archbishop i.e. Luxembourg, Monaco (but not in the context of a province or a metropolis.) +  * The diocese is the classical and most usual form of the particular church. We have world-wide 2,800 Dioceses. About 2,150 are ordinary, about 550 are metropolitan. About 75 Arch-Dioceses where there is an Archbishop i.e. Luxembourg, Monaco (but not in the context of a province or a metropolis.)
- +
-**Canon 370 Territorial Prelature or Abbacy** A territorial prelature or territorial abbacy is a territorially defined portio whose care is entrusted to some prelate or abbot who governs it as its proper pastor. +
-  +
-There are about 50 territorial prelatures worldwide. Most are the particular church in Latin American countries. Many are connected to Benedictine monasteries, that started off as part of a diocese, and then in the course of history were taken out of the diocese and considered as a ‘mini-diocese’. If recognized by Rome, the abbot becomes like the bishop. But they cannot ordain. 12-15 tetrritorial abbacies: e.g. Monte Casino, Italy; in Switzerland, St.Moritz ; also, St Paul outside the Walls in Rome. Special circumstances gave rise to the pastoral need for territorial prelature - the prelate is generally ordained a bishop and many structures are similar to a diocese. +
- +
-Decree in 1976 said no more territorial abbeys can be formed, and those in existence should be moved to other jurisdictional forms, in practice, incorporated into the surrounding diocese. Generally, abbots won't be made bishops. Also, those with less than three parishes will no longer be territorial prelatures or abbacies. +
- +
-**Canon 371 Apostolic Vicariate** §1 (Diocese wannabe) 200 years ago when Catholics went to Africa the people there were defined by the Holy See and given to congregations such as the Dominicans and the Franciscans.  Such congregations were governed in the name of the Apostolic See.  When locals were baptized, the responsible Priest of the group of missionaries was elected by the Pope as the Apostolic Prefect.  He was responsible for the new territory and governed in the name of the Apostolic See. Power is vicarious, not ordinary.+
  
-When the population grew there the status of that territorium could be upgraded to an Apostolic Vicariate.  So the responsible person then was known as a Vicar.  The final upgrade possible (a full one) would make it a DioceseWhen this happened, the vicar could be ordained Bishop or failing that be replaced by Bishop.  This person would govern in the name of the pope. There is also mission sui iuris entrusted to a missionary communityVicariates apostolic originated in the 17th C as a way for the holy see to avoid the patronage of Portugal and Spain in setting up missionary territoriesBoth are usually entrusted to a religious order and the superior general presents candidates for leadershipPower is vicariousso they aren'suffragans, and their principle church is called a pro-cathedral; howeverthey participate in bishops conferences.+**Canon 370 Territorial Prelature or Abbacy** A territorial prelature or territorial abbacy is a territorially defined portio whose care is entrusted to some prelate or abbot who governs it as its proper pastor 
 +  * There are about 50 territorial prelatures worldwideMost are the particular church in Latin American countries. Many are connected to Benedictine monasteries, that started off as part of diocese, and then in the course of history were taken out of the diocese and considered as ‘mini-diocese’If recognized by Rome, the abbot becomes like the bishop. But they cannot ordain. 12-15 tetrritorial abbacies: e.g. Monte Casino, Italy; in Switzerland, St.Moritz ; also, St Paul outside the Walls in RomeSpecial circumstances gave rise to the pastoral need for territorial prelature - the prelate is generally ordained a bishop and many structures are similar to a diocese. 
 +  * Decree in 1976 said no more territorial abbeys can be formed, and those in existence should be moved to other jurisdictional forms, in practice, incorporated into the surrounding dioceseGenerallyabbots won'be made bishops. Alsothose with less than three parishes will no longer be territorial prelatures or abbacies.
  
-§2 Apostolic Administration is not yet a full Diocese. Apostolic Administration governs in the name of the Pope. This happened just after WWII in East Germany. They were there for a limited time.  After unification these members were then reunited with the church and then full Bishops were appointed. These are generally done because particular circumstances prevent the operation of a diocese, e.g. when National lines are redrawn and divide the diocese.+**Canon 371 Apostolic Vicariate** §1 (May become a diocese) 200 years ago when Catholics went to Africa the people there were defined by the Holy See and given to congregations such as the Dominicans and the Franciscans.  Such congregations were governed in the name of the Apostolic See.  When locals were baptized, the responsible Priest of the group of missionaries was elected by the Pope as the Apostolic Prefect.  He was responsible for the new territory and governed in the name of the Apostolic See. Power is vicarious, not ordinary. 
 +  * When the population grew there the status of that territorium could be upgraded to an Apostolic Vicariate.  So the responsible person then was known as a Vicar.  The final upgrade possible (a full one) would make it a Diocese. When this happened, the vicar could be ordained Bishop or failing that be replaced by a Bishop.  This person would govern in the name of the pope. There is also a mission sui iuris entrusted to a missionary community. Vicariates apostolic originated in the 17th C as a way for the holy see to avoid the patronage of Portugal and Spain in setting up missionary territories. Both are usually entrusted to a religious order and the superior general presents candidates for leadership. Power is vicarious, so they aren't suffragans, and their principle church is called a pro-cathedral; however, they participate in bishops conferences. 
 +  * §2 Apostolic Administration is not yet a full Diocese. Apostolic Administration governs in the name of the Pope. This happened just after WWII in East Germany. They were there for a limited time.  After unification these members were then reunited with the church and then full Bishops were appointed. These are generally done because particular circumstances prevent the operation of a diocese, e.g. when National lines are redrawn and divide the diocese.
  
-**Canon 372 Territoriality** Particular churches are defined territorially. Domicile illustrates the principle of territoria.  Exception – in theory, in Belgium, we could invent a personal Diocese for all the people whose mother tongue is Italian.  Rome has for example created Dioceses for Eastern Catholics in other European countries and in Canada - the bishop is effectually bi-ritual and can establish parishes, etc. If the pastoral care of a particular group of people cannot be guaranteed by the territorial bishop, this would be reason for setting up a personal diocese. At the same time, Rome doesn’t like to have too many bishops in the same territory - it creates logistic problems for pastoral coordination. (Immigrants?Most scholars agree that while territoriality is a traditional and handy way to designate a particular church, it is not constitutive. Vatican 2 sought to accentuate the communitarian dimension of the church.+**Canon 372 Territoriality** Particular churches are defined __territorially__. Domicile illustrates the principle of territoria. Most scholars agree that while territoriality is a traditional and handy way to designate a particular church, it is not constitutive. Vatican 2 sought to accentuate the communitarian dimension of the church.
  
-**Canon 373 Erection of a Diocese** Erection of a particular church is only possible for the Holy See for the Latin Church. By law, the diocese has juridic personality. The Holy See is also a juridic person. Congregation for Bishops and the Congregation for the Evangelization of Peoples are competent to establish new dioceses. They do so in dialog with the secretary of state - so civil issues may be respected.+**Canon 373 Erection of a Diocese** Erection of a particular church is only possible for the Holy See for the Latin Church. By law, the diocese has juridic personality. The Holy See is also a juridic person. Congregation for Bishops and the Congregation for the Evangelization of Peoples are competent to establish new diocesesin dialog with the secretary of state - so civil issues may be respected.
  
 **Canon 374 Parishes and Groupings** A Bishop must organize the whole of his Diocese into parishes. The Bishop may but need not join parishes into groups. Parishes are essential. An episcopal vicar (who is an ordinary) or a vicar forane (who isn't an ordinary) can be over a local grouping of parishes. Federations of parishes, deaneries help parishes work more together. Some places allow that the coordinator need not be a priest. If this is done, it must be done very clearly so there are no conflicts. e.g. in one diocese a bishop promoted federations, but didn't give any guidance. This can be also a first step to uniting parishes in the future. **Canon 374 Parishes and Groupings** A Bishop must organize the whole of his Diocese into parishes. The Bishop may but need not join parishes into groups. Parishes are essential. An episcopal vicar (who is an ordinary) or a vicar forane (who isn't an ordinary) can be over a local grouping of parishes. Federations of parishes, deaneries help parishes work more together. Some places allow that the coordinator need not be a priest. If this is done, it must be done very clearly so there are no conflicts. e.g. in one diocese a bishop promoted federations, but didn't give any guidance. This can be also a first step to uniting parishes in the future.
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 **Canon 375 Munus of Bishops** **Canon 375 Munus of Bishops**
-§1 Bishops are 1. teachers of doctrine - define and transmit truths, 2. the priests of sacred worship - liturgy, sacraments and other worship and 3. the ministers of governance. Apostolic succession of bishop is said to be divinely instituted. Language of the canon is from Lumen Gentium 20. Munera: teaching, ruling, sanctifying.+§1 Bishops are 1. __teachers__ of doctrine - define and transmit truths, 2. the __priests__ of sacred worship - liturgy, sacraments and other worship and 3. the ministers of __governance__. Apostolic succession of bishop is said to be divinely instituted. Language of the canon is from Lumen Gentium 20. Munera: teaching, ruling, sanctifying.
 §2 Teaching and governing MUST be exercised in hierarchical communion. Like priests - they can always do worship / sacraments, but teaching or governing is done by canonical mission. Selection of bishops is therefore quite important. So there is sacramental **ordination** and canonical **mission**. §2 Teaching and governing MUST be exercised in hierarchical communion. Like priests - they can always do worship / sacraments, but teaching or governing is done by canonical mission. Selection of bishops is therefore quite important. So there is sacramental **ordination** and canonical **mission**.
  
-**Canon 376 Diocesan and Titular Bishops** There are diocesan bishops and titular bishops. All are ordained by at least three bishops. Duties and rights of bishops: ordaining priests and deacons; bishop always get a munus, for 2800 it is to govern a diocese. Installation of bishop is possessio canonica. Other functions of bishops are curia, pontifical diplomacy, auxiliary bishop. These get the title of a diocese that no longer exists, otherwise you have ordinatio absoluta. First 600 years all bishops had a diocese. On coming of Islam to northern Africa, many dioceses had to flee - bishops also fled. They began to help where they were as 'auxiliaries'. So then when they died, the local bishops wanted the help. The new bishops got the title of the old sees. There are about 2000 titular sees. About 1000 titular bishops. 700 retired bishops keep the title of their former diocese. Most of the titulars are auxiliaries.+**Canon 376 Diocesan and Titular Bishops** There are diocesan bishops and titular bishops. All are ordained by at least three bishops. Duties and rights of bishops: ordaining priests and deacons; bishop always get a munus, for 2800 it is to govern a diocese. Installation of bishop is possessio canonica. Other functions of bishops are curia, pontifical diplomacy, auxiliary bishop. These get the title of a diocese that no longer exists, otherwise you have ordinatio absoluta. First 600 years all bishops had a diocese. On coming of Islam to northern Africa, many dioceses had to flee - bishops also fled. They began to help where they were as 'auxiliaries'. So then when they died, the local bishops wanted the help. The new bishops got the title of the old sees. There are about 2000 titular sees. About 1000 titular bishops. 700 retired bishops keep the title of their former diocese. Most of the titulars are auxiliaries. 180 Latin diocese in US, 425 bishops.
  
 **Canon 377 Appointment of Bishops** **Canon 377 Appointment of Bishops**
-**377 §1** In the Latin Church the Supreme Pontiff freely 1. appoints Bishops or 2. confirms those lawfully elected. --E.g. In Lugano, the pope agreed to only select priests of Lugano for the bishop. Also Basil. 1987 Cologne in Germany - three names to be sent from Rome, but before that they sent 10-12 names - Rome sent back 3 names, and Rome didn't take any of them. Canons wouldn't vote for them. Rome changed the procedure to allow a relative majority of the vote - 6 canons agreed to vote for one of the Roman candidates 10 agreed to abstain. This made a relative majority. There is collaboration in the best case scenario. China had some collaboration on bishops, but the pope said no more - Beijing acquiesced in the pre-Olympics era, but it's not clear what will happen in the coming years - this is a key issue in development of diplomatic relations. The East elects their bishops.+**377 §1** In the Latin Church the Supreme __Pontiff freely 1. appoints__ Bishops or 2. confirms those lawfully elected. --E.g. In Lugano, the pope agreed to only select priests of Lugano for the bishop. Also Basil. 1987 Cologne in Germany - three names to be sent from Rome, but before that they sent 10-12 names - Rome sent back 3 names, and Rome didn't take any of them. Canons wouldn't vote for them. Rome changed the procedure to allow a relative majority of the vote - 6 canons agreed to vote for one of the Roman candidates 10 agreed to abstain. This made a relative majority. There is collaboration in the best case scenario. China had some collaboration on bishops, but the pope said no more - Beijing acquiesced in the pre-Olympics era, but it's not clear what will happen in the coming years - this is a key issue in development of diplomatic relations. The East elects their bishops.
 **377 §2** At least every three years, ecclesiastical province sends a list (in secret) of suitable candidates to the Apostolic See. This is without prejudice to the right of every Bishop to submit names. **377 §2** At least every three years, ecclesiastical province sends a list (in secret) of suitable candidates to the Apostolic See. This is without prejudice to the right of every Bishop to submit names.
 **377 §3** On vacancy (by death, resignation, transfer or privation) generally the nuncio prepares a list of 3 names (called the terna) which must be discussed by the bishops of the province and there must also be the opinion of 1. President of the Episcopal Conference, 2. some members of college of consultors and 3. the cathedral chapter.  He //may// also seek individual opinions of other clerics, and of lay persons of outstanding wisdom. He is then to send these suggestions, together with his own opinion, to the Apostolic See. **377 §3** On vacancy (by death, resignation, transfer or privation) generally the nuncio prepares a list of 3 names (called the terna) which must be discussed by the bishops of the province and there must also be the opinion of 1. President of the Episcopal Conference, 2. some members of college of consultors and 3. the cathedral chapter.  He //may// also seek individual opinions of other clerics, and of lay persons of outstanding wisdom. He is then to send these suggestions, together with his own opinion, to the Apostolic See.
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 **Canon 378 Qualifications of Bishops** **Canon 378 Qualifications of Bishops**
-**378 §1** Candidates must: 1. be outstanding in strong faith, good morals, piety, zeal for souls, wisdom, prudence and human virtues, and have particular gifts for the place; E.g. bi-lingual, bi-cultural. 2. be held in good esteem; 3. be at least 35 years old; (but generally 45-55)  4. be a priest at least five years; 5. advanced pontifical degree. No remedy if these aren't followed.+**378 §1** Candidates must: 1. be __a good Christian__ outstanding in strong faith, good morals, piety, zeal for souls, wisdom, prudence and human virtues, and have particular gifts for the place; E.g. bi-lingual, bi-cultural. 2. be held in __good esteem__; 3. be at least __35 years old__; (but generally 45-55)  4. be a __priest 5 years__ at least; 5. __advanced pontifical degree__. No remedy if these aren't followed.
 **378 §2** Final judgment rests with the Apostolic See. Diocese doesn't have a right to a local bishop. Local bishop has advantages has knowledge and history but also baggage, outsider has no history, no baggage. Seems that appointments of Metropolitan sees veteran bishops are appointed, but for suffragan sees priests may be appointed. Exceptionally a see may be vacant for years, there is no limit. There is an administrator but he cannot appoint pastors till the parish is vacant for a year. There is a trend for Rome to ask major Metropolitan bishops to stay on for a number of years. **378 §2** Final judgment rests with the Apostolic See. Diocese doesn't have a right to a local bishop. Local bishop has advantages has knowledge and history but also baggage, outsider has no history, no baggage. Seems that appointments of Metropolitan sees veteran bishops are appointed, but for suffragan sees priests may be appointed. Exceptionally a see may be vacant for years, there is no limit. There is an administrator but he cannot appoint pastors till the parish is vacant for a year. There is a trend for Rome to ask major Metropolitan bishops to stay on for a number of years.
   * On offering a resignation, Rome can 1. accept the resignation, 2. ask him to stay on for a time, 3. ask him to be administrator, 4. ask him to stay on till the successor takes office. Canon 401.2 says diocesan bishop who becomes less able to fulfill the office should resign.   * On offering a resignation, Rome can 1. accept the resignation, 2. ask him to stay on for a time, 3. ask him to be administrator, 4. ask him to stay on till the successor takes office. Canon 401.2 says diocesan bishop who becomes less able to fulfill the office should resign.
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  See //Ecclesiae Imago//;  Pastoral Governance Role of the Diocesan Bishop: Foundations, Scope and Limits. //Jurist// 49 (1989) 472-506  See //Ecclesiae Imago//;  Pastoral Governance Role of the Diocesan Bishop: Foundations, Scope and Limits. //Jurist// 49 (1989) 472-506
  
-**Canon 381 Power.** //Omnis competit potestas ordinaria, propria et immediata// - ordinary (in virtue of office) , proper (in his own name) and immediate (direct) power required for his office - in the three munera. E.g. Can refuse religious orders in his dioceses. Some powers are reserved to Holy See. //Reservatio papalis// - theoretically there is no limit to the power of the pope to reserve power to himself. He exercises legislative power personally, executive personally and through delegation and judicial power personally and through delegation to judicial vicars and judges. +**Canon 381 Power.** //Omnis competit potestas ordinaria, propria et immediata// - ordinary (in virtue of office) , proper (in his own name) and immediate (direct) power required for his office - in the three munera. Some powers are reserved to Holy See. //Reservatio papalis// - theoretically there is no limit to the power of the pope to reserve power to himself. He exercises legislative power personally, executive personally and through delegation and judicial power personally and through delegation to judicial vicars and judges. 
- +   * §2 Those who are at the head of the other communities of the faithful mentioned in can. 368, are generally equivalent in law to the diocesan Bishop.   Power comes from episcopal ordination and is exercised personally, becomes juridical power by means of canonical mission from the supreme authority.
-§2 Those who are at the head of the other communities of the faithful mentioned in can. 368, are generally equivalent in law to the diocesan Bishop.   Power comes from episcopal ordination and is exercised personally, becomes juridical power by means of canonical mission from the supreme authority. Implements principles 4 & 5 of the principles for the revision - 4. less reservation to the supreme authority, 5. subsidiarity. Bishop has relative autonomy - not complete autonomy.+
  
 **Canon 382 Taking Possession.** §1 Can't exercise power in the diocese till he takes possession. But can exercise the former office if it was within the same diocese. §2 Generally, a presbyter to be ordained takes possession of the diocese within 4 months, if he is already a bishop, within two months. §3 Taking possession consists of showing the apostolic letter to the college of consultors and chancellor who records it. §4 Taking possession is recommended to be done in liturgy.  In the old code, a bishop elect could already begin to act before his episcopal ordination. Now, no action before canonical possession. **Canon 382 Taking Possession.** §1 Can't exercise power in the diocese till he takes possession. But can exercise the former office if it was within the same diocese. §2 Generally, a presbyter to be ordained takes possession of the diocese within 4 months, if he is already a bishop, within two months. §3 Taking possession consists of showing the apostolic letter to the college of consultors and chancellor who records it. §4 Taking possession is recommended to be done in liturgy.  In the old code, a bishop elect could already begin to act before his episcopal ordination. Now, no action before canonical possession.
  
-**Canon 383 Pastor.** §1 Bishop is to exercise pastoral care for all the Christian faithful in diocese,  §2 for those of other rites,  §3 for other Christians,  §4 for the unbaptized. Caparros has a list of documents on those needing special care, e.g. refugees, immigrants, travelers, military.+**Canon 383 Pastor.** §1 Bishop is to exercise __pastoral care__ for all the Christian faithful in diocese,  §2 for those of other rites,  §3 for other Christians,  §4 for the unbaptized. Caparros has a list of documents on those needing special care, e.g. refugees, immigrants, travelers, military.
  
-**Canon 384 Relation to Presbyters.** He is to have a special concern for the priests: 1. his helpers and counselors, 2. defend their rights 3. ensure their obligations, 4. see that they have the means for their spiritual and intellectual life, 5. ensure their livelihood and social welfare.  Before diaconate ordination, there will be an agreement - with sustentationi or without. See //Ecclesiae Imago//.+**Canon 384 Relation to Presbyters.** He is to have a __special concern__ for the priests: 1. his helpers and counselors, 2. defend their rights 3. ensure their obligations, 4. see that they have the means for their spiritual and intellectual life, 5. ensure their livelihood and social welfare.  Before diaconate ordination, there will be an agreement - with sustentationi or without. See //Ecclesiae Imago//.
  
 **Canon 385 Vocations.** Foster all vocations - to **ministry**, consecrated life and especially priestly and missionary life. **Canon 385 Vocations.** Foster all vocations - to **ministry**, consecrated life and especially priestly and missionary life.
  
-**Canon 386 Teacher.** §1 Bishop is a teacher himself and is to **control** the ministry of  the word §2 **protect** God's word and acknowledge just freedom in investigating it.  Can compare the role of bishop to that of the parish priest. Comes from the Vatican Documents. Bishops not only proclaim, but also in the college define doctrine. He also oversees the teaching in the diocese.  See Canon 528 for priests are called to teach, preach and instruct, but the priests don't have an oversight role.+**Canon 386 Teacher.** §1 Bishop is a __teacher__ himself and is to **guide** the ministry of the word §2 **protect** God's word and acknowledge just freedom in investigating it.  Can compare the role of bishop to that of the parish priest. Comes from the Vatican Documents. Bishops not only proclaim, but also in the college define doctrine. He also oversees the teaching in the diocese.  See Canon 528 for priests are called to teach, preach and instruct, but the priests don't have an oversight role.
  
-**Canon 387 Sanctifier. ** The bishop must give example of holiness, charity, humility and simplicity of life and promote the holiness of Christ's faithful.+**Canon 387 Sanctifier. ** The bishop must give __example of holiness, charity, humility and simplicity of life__ and promote the holiness of Christ's faithful.
  
 **Canon 388 Mass for the People. ** §1 Mass for the people on Sundays and Holy Days; §2 Must do mass personally, or if impeded, offer through another priest, or on other days; §3 If a bishop has several dioceses, one Mass can be said for all people entrusted to him; §4 obligation must be made up if omitted.  Canon 534 gives the same obligation to Pastor for Parish **Canon 388 Mass for the People. ** §1 Mass for the people on Sundays and Holy Days; §2 Must do mass personally, or if impeded, offer through another priest, or on other days; §3 If a bishop has several dioceses, one Mass can be said for all people entrusted to him; §4 obligation must be made up if omitted.  Canon 534 gives the same obligation to Pastor for Parish
  
-**Canon 389 Eucharistic Presider.** Bishop should frequently preside.+**Canon 389 Eucharistic Presider.** Bishop should frequently preside.{{ :bischof-gl-mueller.jpg?100|Pontificalia}}
  
 **Canon 390 Pontificalia.** Solemn presiding using ring, staff, miter and pallium only in his diocese, outside his diocese with permission, at least reasonably presumed, of the local bishop. **Canon 390 Pontificalia.** Solemn presiding using ring, staff, miter and pallium only in his diocese, outside his diocese with permission, at least reasonably presumed, of the local bishop.
  
-**Canon 391 Government.**  §1 Bishop has **legislative** (exercised personally), **executive** (exercised personally or through vicars general or episcopal vicars) and **judicial** power (exercised personally or through judicial vicar or judges). As legislator, bishop can make laws, interpret them and dispense, abrogate or derogate from them. Vicars general and Judicial vicars are local ordinaries - ordinary power is associated with the office. Bishop can delegate executive powers to others, e.g. chancellor. Some powers are proper to the bishop and can only be delegated by particular mandate (canon 134.3). Several dioceses may establish a joint tribunal (canon 1423).  Bishops don't use legislative power much, often because they don't know how, but they use executive power. They also rarely judge, even though they are first judge (even if they aren't jurists). Bishops have wide power to dispense from universal and particular law - i.e. to relax it for people but they can't dispense from the norms requiring them to protect the rights of the people, procedure, etc+**Canon 391 Government.**  §1 Bishop has __legislative__ (exercised personally), __executive__ (exercised personally or through vicars general or episcopal vicars) and __judicial__ power (exercised personally or through judicial vicar or judges). As legislator, bishop can make laws, interpret them and dispense, abrogate or derogate from them. Vicars general and Judicial vicars are local ordinaries - ordinary power is associated with the office. Bishop can delegate executive powers to others, e.g. chancellor. Some powers are proper to the bishop and can only be delegated by particular mandate (canon 134.3). Several dioceses may establish a joint tribunal (canon 1423).  Bishops don't use legislative power much, often because they don't know how, but they use executive power. They also rarely judge, even though they are first judge (even if they aren't jurists). Bishops have wide power to dispense from universal and particular law - i.e. to relax it for people but they can't dispense from the norms requiring them to protect the rights of the people, procedure, etc.
-  * Canon 529 - the governing of parish is more one of direct pastoral care. Okay with priest parishioner ration of 1:4000, but sometimes there are many times that many. Canon 530 the parish priest is primary minister for sacraments, the only valid minister of marriage - but he can delegate. Canon 532 priest is the juridic representative of parish.+
   * Bishops can lead without exercising juridical power, that power is only a supplement to his advice, exhortation and example. Power now called //executive// was in the 1917 code called //coercive//.   * Bishops can lead without exercising juridical power, that power is only a supplement to his advice, exhortation and example. Power now called //executive// was in the 1917 code called //coercive//.
-  * Advances in jurisprudence and political science aren't taken up by church, e.g. separation of powers and accountability to constituencies. 
  
 **Canon 392 Common Discipline.** §1 Bishop to promote unity, common discipline and observance of ecclesiastical laws.  §2 Formulated negatively - prevent abuses: He should have particular diligence with regard to preaching, sacraments and worship - and administration of goods. But also, custom develops as a sign of the vitality of the faith, and may be against the unity - so the dilemma: is it a sign of faith, or a corruption of it. When the faith is strong, bishops allow a variety of practice to strengthen the unity in diversity. **Canon 392 Common Discipline.** §1 Bishop to promote unity, common discipline and observance of ecclesiastical laws.  §2 Formulated negatively - prevent abuses: He should have particular diligence with regard to preaching, sacraments and worship - and administration of goods. But also, custom develops as a sign of the vitality of the faith, and may be against the unity - so the dilemma: is it a sign of faith, or a corruption of it. When the faith is strong, bishops allow a variety of practice to strengthen the unity in diversity.
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 **Canon 394 Fostering Apostolate.** §1 The Bishop is to foster various forms of the apostolate; §2 He is to insist on the faithful's obligation to exercise the apostolate. **So far the munus, following is personal obligations** **Canon 394 Fostering Apostolate.** §1 The Bishop is to foster various forms of the apostolate; §2 He is to insist on the faithful's obligation to exercise the apostolate. **So far the munus, following is personal obligations**
  
-**Canon 395 Bishop's Residence.** §1 Diocesan bishops must reside in their diocese. §2 Can't be absent more than a month, except for ad limina, councils, synod of bishops, Episcopal Conference at which he must be present, or another office lawfully entrusted to him. §3 He can't be absent on Christmas, Holy Week and Easter, Pentecost and Corpus Christi. §4 If he is unlawfully absent for more than six months, the Metropolitan is to notify the Holy See. Bishop need not live at the cathedral. Canon 533 Priests must live - near the church - a parish has three fundamental elements: a community, a pastor and a church. Under the code, Bishop can't oblige priests to live together. +**Canon 395 Bishop's Residence.** §1 Diocesan bishops __must reside__ in their diocese. §2 Can't be absent more than a month, except for ad limina, councils, synod of bishops, Episcopal Conference at which he must be present, or another office lawfully entrusted to him. §3 He can't be absent on Christmas, Holy Week and Easter, Pentecost and Corpus Christi. §4 If he is unlawfully absent for more than six months, the Metropolitan is to notify the Holy See. Bishop need not live at the cathedral. Canon 533 Priests must live - near the church - a parish has three fundamental elements: a community, a pastor and a church. Under the code, Bishop can't oblige priests to live together. **Metropolitans** are all Archbishops, but not all Archbishops are Metropolitans, e.g. 75 are not. Metropolitans are number one in the province, but they don't have actual authority. Suffragans are the bishops of the province (Metropolitan's area) who can vote.
- +
-**Metropolitans** are all Archbishops, but not all Archbishops are Metropolitans, e.g. 75 are not. Metropolitans are number one in the province, but they don't have actual authority. Suffragans are the bishops of the province (Metropolitan's area) who can vote.+
  
 **Canon 396 Visitation. ** §1 Bishops is obliged to visit the diocese, at least visiting the entire diocese every five years, personally or through others. §2 Bishop can choose his own clerical companions and assistants for visitation. 5 years timed with report & ad limina. Earlier draft of this canon had more specific tasks associated with the visitation, these were eliminated in the final version. See Ecclesiae Imago 166-170. Caparros interprets strictly, incorporating 1917 norms, as if not completely reordered. Canon 6. **Canon 396 Visitation. ** §1 Bishops is obliged to visit the diocese, at least visiting the entire diocese every five years, personally or through others. §2 Bishop can choose his own clerical companions and assistants for visitation. 5 years timed with report & ad limina. Earlier draft of this canon had more specific tasks associated with the visitation, these were eliminated in the final version. See Ecclesiae Imago 166-170. Caparros interprets strictly, incorporating 1917 norms, as if not completely reordered. Canon 6.
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 **Canon 398 Style of Visit.** Visitation should not to cause undue hardship or expense. **Canon 398 Style of Visit.** Visitation should not to cause undue hardship or expense.
  
-**Canon 399 Quinquennial Report.** §1 Every 5 years the diocesan bishop reports to the Pope. §2 Bishop is exempted if visit is assigned in the first two years of his governance of the diocese. Schema for report is provided by the Congregation for Bishops. Report 6 months before Ad limina; this allows great documentation on local churches. Reports are distributed to the various dicastries according to topic. The bishop meets with the dicastries where there are varying levels of formality. This has become more important and collegial after Vatican 2+**Canon 399 Quinquennial Report.** §1 Every __5 years__ the diocesan bishop reports to the Pope. §2 Bishop is exempted if visit is assigned in the first two years of his governance of the diocese. Schema for report is provided by the Congregation for Bishops. Report 6 months before Ad limina; this allows great documentation on local churches. Reports are distributed to the various dicastries according to topic. The bishop meets with the dicastries where there are varying levels of formality. This has become more important and collegial after Vatican 2
  
 **Canon 400 Ad limina.** §1 Bishop is to go to Rome to venerate the tombs of the Blessed Apostles Peter and Paul, and to present himself to the Roman Pontiff. §2 The Bishop is to satisfy this obligation personally. §3 A Vicar apostolic can satisfy this obligation through a proxy; a Prefect apostolic is not bound. **Canon 400 Ad limina.** §1 Bishop is to go to Rome to venerate the tombs of the Blessed Apostles Peter and Paul, and to present himself to the Roman Pontiff. §2 The Bishop is to satisfy this obligation personally. §3 A Vicar apostolic can satisfy this obligation through a proxy; a Prefect apostolic is not bound.
  
-**Canon 401 Retirement.** §1 at 75 years, a diocesan bishop is requested to present his resignation. §2 A diocesan bishop who has become less able is earnestly requested to present his resignation. (Canon 411 for other coadjutor and auxiliary)  A bishop who is less healthy, or feels less suited to carry out the office, e.g. with conflicts is asked to submit resignation. The 22 Feb 2004 Directory for pastoral ministry of bishops - copies in the reader. Directory is a handbook that collects theological and juridical texts on a topic. As such it is not binding, it is informational, but the law contained there has the value of the source quoted. Responses: +**Canon 401 Retirement.** §1 at __75 years__, a diocesan bishop is requested to present his resignation. §2 A diocesan bishop who has become less able is earnestly requested to present his resignation. (Canon 411 for other coadjutor and auxiliary)  A bishop who is less healthy, or feels less suited to carry out the office, e.g. with conflicts is asked to submit resignation. The 22 Feb 2004 Directory for pastoral ministry of bishops - copies in the reader. Directory is a handbook that collects theological and juridical texts on a topic. As such it is not binding, it is informational, but the law contained there has the value of the source quoted. Responses: 
-  Go on without condition +  Go on without condition 
-  Accepts resignation taking effect when your successor takes possession. +  Accepts resignation taking effect when your successor takes possession. 
-  Accepts but gives a new appointment as diocesan administrator. +  Accepts but gives a new appointment as diocesan administrator. 
-  Accept effective immediately - and the college of consultors must be convened to elect an administrator in 8 days.+  Accept effective immediately - and the college of consultors must be convened to elect an administrator in 8 days.
  
 Rules for curial officials: 75 for cardinals, 70 for clerics and religious, 65 for laypersons. Rules for curial officials: 75 for cardinals, 70 for clerics and religious, 65 for laypersons.
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  [[http://www.intratext.com/IXT/ENG0017/__P1E.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P1E.HTM|Latin]]  [[http://www.intratext.com/IXT/ENG0017/__P1E.HTM|English]] [[http://www.intratext.com/IXT/LAT0010/__P1E.HTM|Latin]]
-Coadjutor is appointed successor for a see that is not yet vacant. Without any formalities the coadjutor begins work as soon as the former vacates. +  * Coadjutor is appointed successor for a see that is not yet vacant. Without any formalities the coadjutor begins work as soon as the former vacates. In 1917 code, the bishop served till death, so there was a more complex array of types of bishops to assist if he couldn't function. This section is considerably simplified from that schema.
-In 1917 code, the bishop served till death, so there was a more complex array of types of bishops to assist if he couldn't function. This section is considerably simplified from that schema.+
  
 **Canon 403 Appointment.** §1 A diocesan bishop can request one or more auxiliaries.  §2 An auxiliary with special faculties can be appointed.  §3 A coadjutor has special faculties and the right of succession - appointed by the Holy See. //Special faculties// are given in the letter of appointment - extra responsibilities, generally certain tasks are taken from the bishop and given to auxiliary; e.g. financial problems, an auxiliary can take care of that. Generally the bishop is removed after the problem is taken care of, and goes often to another see. Coadjutor is helpful in difficult political circumstances - you have no vacant see, to time for problems. Coadjutor must be vicar general. **Canon 403 Appointment.** §1 A diocesan bishop can request one or more auxiliaries.  §2 An auxiliary with special faculties can be appointed.  §3 A coadjutor has special faculties and the right of succession - appointed by the Holy See. //Special faculties// are given in the letter of appointment - extra responsibilities, generally certain tasks are taken from the bishop and given to auxiliary; e.g. financial problems, an auxiliary can take care of that. Generally the bishop is removed after the problem is taken care of, and goes often to another see. Coadjutor is helpful in difficult political circumstances - you have no vacant see, to time for problems. Coadjutor must be vicar general.
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 **Canon 412 Definition** The see is impeded if the Bishop can's communication with the see, even by letter because of captivity, banishment, exile or personal incapacity. Not clear who makes the determination. The bishop cannot do his work in the diocese. (Banishment - leave freely, exile sent away). Impediments may be extrinsic, exile, etc or intrinsic, i.e. personal health, etc. **Canon 412 Definition** The see is impeded if the Bishop can's communication with the see, even by letter because of captivity, banishment, exile or personal incapacity. Not clear who makes the determination. The bishop cannot do his work in the diocese. (Banishment - leave freely, exile sent away). Impediments may be extrinsic, exile, etc or intrinsic, i.e. personal health, etc.
  
-**Canon 413 Interim Leader.** §1 Coadjutor assumes governance, or else, an auxiliary, vicar general, judicial vicar or another priest. Bishop is to make a succession list and communicate it to the metropolitan and chancellor, and renew it at least every three years. (This is an innovation of the 1983 code.) +**Canon 413 Interim Leader.** §1 Coadjutor assumes governance, or else, an auxiliary, vicar general, judicial vicar or another priest. Bishop is to make a succession list and communicate it to the metropolitan and chancellor, and renew it at least every three years. (This is an innovation of the 1983 code.)  §2 If  §1 ineffectual, college of consultors selects a priest. §3 The interim leader communicates impediment and his role to the Holy See as soon as possible.
- +
- §2 If  §1 ineffectual, college of consultors selects a priest. +
- +
- §3 The interim leader communicates impediment and his role to the Holy See as soon as possible.+
  
 **Canon 414 Status of Interim Leader.** Interim leader has the power of a diocesan administrator in Canons 427-429. **Canon 414 Status of Interim Leader.** Interim leader has the power of a diocesan administrator in Canons 427-429.
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 **Canon 428 Innovations.** No innovations allowed during vacancy. Can't change documents. **Canon 428 Innovations.** No innovations allowed during vacancy. Can't change documents.
  
- Administrator must reside in the diocese and say the mass for the people. +**Canon 429 Residence.** Administrator must reside in the diocese, and say the mass for the people.
- +
-**Canon 429 Residence.** Administrator must reside in the diocese.+
  
 **Canon 430 Cessation.** §1 Administrator ceases when diocesan bishop takes possession; §2 Removal of administrator is for the Holy See. If the administrator is removed, resigns or dies, the college of consultors provides, see canon 421. **Canon 430 Cessation.** §1 Administrator ceases when diocesan bishop takes possession; §2 Removal of administrator is for the Holy See. If the administrator is removed, resigns or dies, the college of consultors provides, see canon 421.
  
 ===Title II: Groupings of Particular Churches.=== ===Title II: Groupings of Particular Churches.===
-The section on groupings of churches in the 1917 code was set between papal legates and apostolic vicars. As such it gave the impression of being an administrative unit of the Universal Church. In the 1983 code, it is set in the middle of the discussion of the particular church, thus may be seen more as a collegial body among bishops.+  * The section on groupings of churches in the 1917 code was set between papal legates and apostolic vicars. As such it gave the impression of being an administrative unit of the Universal Church. In the 1983 code, it is set in the middle of the discussion of the particular church, thus may be seen more as a collegial body among bishops.
  
 ==Chapter I: Ecclesiastical Provinces and Regions== ==Chapter I: Ecclesiastical Provinces and Regions==
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 **Canon 431 Provinces.** §1 Neighboring dioceses to be grouped for fostering common pastoral action and relations between bishops. §2 No exemptions.  §3 Supreme authority (in practice the pope) establishes, suppresses or alters provinces with consultation of bishops involved. Province has juridic //personality de jure//. **Canon 431 Provinces.** §1 Neighboring dioceses to be grouped for fostering common pastoral action and relations between bishops. §2 No exemptions.  §3 Supreme authority (in practice the pope) establishes, suppresses or alters provinces with consultation of bishops involved. Province has juridic //personality de jure//.
- 
-Note: In Belgium some want two provinces for Flemish, and French. But it is difficult geographically. Daniels has auxes for Flemish in archdiocese and for French in archdiocese and one for Brussels which is bi-lingual. What would you do with Brussels if you put in two provinces? A possible solution could be Flemish province, a French province and a immed. Sogg for Brussels, and keeping one bishop's conference. DeFleurquin says this isn't feasible and doesn't think Rome would either. Bishop of Antwerp is 75 and Cardinal will be 75 in June. So this might mean a turning point of the church in Belgium. Netherlands, 6 + metropolitans. Utrecht is the Metropolitan. And Metropolitan is the president of the conference. 
  
 **Canon 432 Action.**  §1 Province council and Metropolitan act for the province.  §2 Province has juridic //personality de jure//. **Canon 432 Action.**  §1 Province council and Metropolitan act for the province.  §2 Province has juridic //personality de jure//.
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 **Canon 435 Office.**  Bishop of the metropolitan see is metropolitan and fosters hierarchical communion. **Canon 435 Office.**  Bishop of the metropolitan see is metropolitan and fosters hierarchical communion.
  
-**Canon 436 Powers.** §1 In the suffragan dioceses, the metropolitan 1. Sees to faith and ecclesiastical discipline and reports to Rome. (Wouldn't be all that hard to find fault if he was actually looking. But it is very rare for a metropolitan to interfere - at least publicly). 2. Canonically visits suffragan diocese as approved by Rome. (Rare.) 3. Appoints Diocesan administrator as required in Canons 421.2 and 425.3.  (Within 8 days of a vacancy, the college of consulters must elect an administrator, and if they do not, then the metropolitan can intervene and name an administrator. Canon 421/2 and 425/3. This isn't too common since sees don't become vacant every day.) +**Canon 436 Powers.** §1 In the suffragan dioceses, the metropolitan 1. Sees to faith and ecclesiastical discipline and reports to Rome. (Rare for a metropolitan to interfere - at least publicly). 2. Canonically visits suffragan diocese as approved by Rome. (Rare.) 3. Appoints Diocesan administrator as required in Canons 421.2 and 425.3.  (Within 8 days of a vacancy, the college of consulters must elect an administrator, and if they do not, then the metropolitan can intervene and name an administrator. Canon 421/2 and 425/3. This isn't too common since sees don't become vacant every day.) 
- +  §2 Holy See can give other functions to the Metropolitan.  Sede plena an administrator can even be the metropolitan who takes over a particular part of the governing of a suffragan diocese (e.g. finance) or everything about that diocese if the Holy See asks him. 
- §2 Holy See can give other functions to the Metropolitan.  Sede plena an administrator can even be the metropolitan who takes over a particular part of the governing of a suffragan diocese (e.g. finance) or everything about that diocese if the Holy See asks him. +  §3 Metropolitan has no other power, except to celebrate functions in all churches as if he were diocesan bishop. In practice, Metropolitan tribunal often hears appeals of suffragan tribunals. Canon 1438.1.  On occasion, a large metropolis may be divided into several dioceses, and the coordination of pastoral activity will be more important, so the metropolitan may have more powers. 
- +  See c.396, 397, 398 duties of bishops to make visitation in his diocese. No account of what the bishop has to do during these visits, but buildings and institutions, etc. has to be inspected. Can delegate to a priests only. This is in line with the 5-year ad limina visit to Rome. But remember, this visitation does not apply to religious houses of pontifical right. In practice you might find visitation for specific purpose to the Metropolitan. A couple of years ago an Austrian seminary had a lot of problems and a bishop of a neighboring diocese was asked to undertake the visitation (later he got to be bishop there). 
- §3 Metropolitan has no other power, except to celebrate functions in all churches as if he were diocesan bishop. In practice, Metropolitan tribunal often hears appeals of suffragan tribunals. Canon 1438.1.  On occasion, a large metropolis may be divided into several dioceses, and the coordination of pastoral activity will be more important, so the metropolitan may have more powers. +  In the old codex there was a canon about the presidencia: c106: A very long canon. Who had the right to come before whom.
- +
-See c.396, 397, 398 duties of bishops to make visitation in his diocese. No account of what the bishop has to do during these visits, but buildings and institutions, etc. has to be inspected. Can delegate to a priests only. This is in line with the 5-year ad limina visit to Rome. But remember, this visitation does not apply to religious houses of pontifical right. In practice you might find visitation for specific purpose to the Metropolitan. A couple of years ago an Austrian seminary had a lot of problems and a bishop of a neighboring diocese was asked to undertake the visitation (later he got to be bishop there). +
- +
-In the old codex there was a canon about the presidencia: c106: A very long canon. Who had the right to come before whom.+
  
 **Canon 437 Pallium.** §1 Metropolitan must request the pallium within 3 months of consecration, or appointment. Pallium signifies power in communion. He must be a consecrated bishop for the trip to Rome to receive the pallium. Pallium: special stole of wool, one circular piece with a piece hanging down the front and a piece hanging down the back. Six crosses: front, back, each shoulder, and on each pendendum. In February the Pope blesses special lambs and the wool from them goes into the pallium. It is typical liturgical dress for an archbishop in his diocese. The pope always wears one when presiding when in the Roman diocese. **Canon 437 Pallium.** §1 Metropolitan must request the pallium within 3 months of consecration, or appointment. Pallium signifies power in communion. He must be a consecrated bishop for the trip to Rome to receive the pallium. Pallium: special stole of wool, one circular piece with a piece hanging down the front and a piece hanging down the back. Six crosses: front, back, each shoulder, and on each pendendum. In February the Pope blesses special lambs and the wool from them goes into the pallium. It is typical liturgical dress for an archbishop in his diocese. The pope always wears one when presiding when in the Roman diocese.
- +  * §2 It is worn only in the province. 
-§2 It is worn only in the province. +  §3 If transferred, he requires a new pallium.
- +
-§3 If transferred, he requires a new pallium+
- +
-Three steps to becoming a diocesan bishop: 1. consecration; 2. canonical possession - the taking over of the diocese; 3. provisio canonica - the appointment. Don't get confused about these terms in this canon (#2 isn't referred to in this canon). If already a bishop he is transferred from one see to another (even from a titular see). Provisio: Minimum for this canon is that the provisio is made. +
- +
-There is still the tradition of the old codex. A metropolitan in the old code was the link between pope and suffragans in the province; the guarantee of communication between them; a sort of collaborator with Rome. Now he is seen as part of the grouping of local churches.+
  
 **Canon 438 Patriarch.** In the Latin church, patriarch or primate are merely titles of honor, unless specific privilege or custom provide otherwise. Pope used to be called patriarch of the West. But Benedict decided not to use it any more saying it is confusing; but the Orthodox objected, saying he was making claims as universal patriarch. The title not been significant in the west in the last 200 years. Metropolitan is really just first among equals. For an ecclesiastical region there is no #1 bishop. Bishops generally elect a bishop to be chairman of the gathering. **Canon 438 Patriarch.** In the Latin church, patriarch or primate are merely titles of honor, unless specific privilege or custom provide otherwise. Pope used to be called patriarch of the West. But Benedict decided not to use it any more saying it is confusing; but the Orthodox objected, saying he was making claims as universal patriarch. The title not been significant in the west in the last 200 years. Metropolitan is really just first among equals. For an ecclesiastical region there is no #1 bishop. Bishops generally elect a bishop to be chairman of the gathering.
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-**Canon 439 National and Province Councils.** §1 Meet as agreed by the bishops, and approved by Rome. +**Canon 439 National and Province Councils.** §1 Meet as agreed by the bishops, and approved by Rome. Particular councils were very important in the past. A plenary council (Canon 441) is for all the bishops of an episcopal conference. Provincial council (Canon 442) is for just one province. Particular council is the umbrella term. Councils are old as the church. Representatives, bishops, came together in concilium. Even before ecumenical councils, there were already local councils: hundreds of councils before the first millennium. Today we see not too many particular councils, and not the intense activity as in the past, because we now have bishop's conferences and take the place of particular council. A particular council can have bishops, clergy, religious and lay people. §2 If a province boundaries coincide with national boundaries, then their provincial council is a plenary council and requires the approval of Rome. In the ancient church, particular councils were more important. Today's church is more administrative in governance, and more centralized.
-Particular councils were very important in the past. A plenary council (Canon 441) is for all the bishops of an episcopal conference. Provincial council (Canon 442) is for just one province. Particular council is the umbrella term. Councils are old as the church. Representatives, bishops, came together in concilium. Even before ecumenical councils, there were already local councils: hundreds of councils before the first millennium. Today we see not too many particular councils, and not the intense activity as in the past, because we now have bishop's conferences and take the place of particular council. A particular council can have bishops, clergy, religious and lay people. +
- +
-§2 If a province boundaries coincide with national boundaries, then their provincial council is a plenary council and requires the approval of Rome.+
  
 **Canon 440 Province Councils.**  §1 Celebrated as often as necessary. §2 Not held when metropolitan see is vacant. **Canon 440 Province Councils.**  §1 Celebrated as often as necessary. §2 Not held when metropolitan see is vacant.
  
 **Canon 441 Plenary Council.** §1. Conference convenes the plenary council, §2. Chooses a place for it, §3. Elects a diocesan bishop as leader (to be approved by Rome), and 4. Set its agenda. **Canon 441 Plenary Council.** §1. Conference convenes the plenary council, §2. Chooses a place for it, §3. Elects a diocesan bishop as leader (to be approved by Rome), and 4. Set its agenda.
- 
-Note canons c338ff: ecumenical councils: pope calls, presides, suspends, fix agenda, can take out matters, fixes the order of celebration. Etc. For a plenary council, the conference of bishops provides, for a province council, the metropolitan provides. Though many canons require approval or action by Rome, the code doesn't specify who or how. 
  
 **Canon 442 Province Council.** §1 The Metropolitan with the consent of the suffragans 1. Convenes the province council, 2. Chooses a place for it, 3. Set its agenda and  §2 the Metropolitan presides. **Canon 442 Province Council.** §1 The Metropolitan with the consent of the suffragans 1. Convenes the province council, 2. Chooses a place for it, 3. Set its agenda and  §2 the Metropolitan presides.
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 **Canon 445 Legislation.** Council is to ensure that the pastoral needs of the people of God in its territory are provided for. It has legislative power. In the old code, province councils had to be organized at least every 20 years, canon 283. Today, there is no indication of how often it must be done, because there bishops' conferences are more active. **Canon 445 Legislation.** Council is to ensure that the pastoral needs of the people of God in its territory are provided for. It has legislative power. In the old code, province councils had to be organized at least every 20 years, canon 283. Today, there is no indication of how often it must be done, because there bishops' conferences are more active.
  
-**Canon 446 Promulgation.** Laws of the Council to be sent to the holy see for the recognitio. The council should provide for their promulgation and indicate when they being to oblige.+**Canon 446 Promulgation.** Laws of the Council to be sent to the Holy See for the //recognitio//. The council should provide for their promulgation and indicate when they being to oblige.
  
 ==Chapter IV: Episcopal Conferences.== ==Chapter IV: Episcopal Conferences.==
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-Episcopal conferences are new in the 1983 code, though there were groups of bishops working together even at the time of the '17 code, on the national level, just to discuss possible conflicts and relations with the States, so in the context of church/state. French bishops had worked together but occasionally in the 16th to 18th century. Belgium's conference was organized in 1830 after independence and has met regularly since. German bishops met in 1848 in Bayern. Since 1867 have had regular meetings in Fulda and they still meet there twice a year. First Bavarians met together then with the other bishops. 1933 was a real conference - beginning of National Socialism and problems for the church. Likewise in Austria, Switzerland and Brazil. +Episcopal conferences are new in the 1983 code, though there were groups of bishops working together even at the time of the '17 code, on the national level, just to discuss possible conflicts and relations church/state. French bishops had worked together but occasionally in the 16th to 18th century. Belgium's conference was organized in 1830 after independence and has met regularly since. German bishops met in 1848 in Bayern. Since 1867 have had regular meetings in Fulda and they still meet there twice a year. First Bavarians met together then with the other bishops. 1933 was a real conference - beginning of National Socialism and problems for the church. Likewise in Austria, Switzerland and Brazil. 
- +  * VCII decree Christus Dominus discussed the relationship between bishops and universal church; bishops and particular churches and dioceses; cooperation of bishops; the very specific nature of the bishop's function in the church and the particular church: vicarious Christi in his diocese 
- The Vatican 2 decree Christus Dominus discussed the relationship between bishops and universal church; bishops and particular churches and dioceses; cooperation of bishops; the very specific nature of the bishop's function in the church and the particular church: vicarious Christi in his diocese and this was underlined very early +  There were very great bishops in the 1st christian centuries. Cyprianus was one of those very strong and autonomous ones but always underlined the communion with the bishop of Rome. Cyrpianus considered the episcopate as just one body, but the body couldn't function without each one having communion with Rome. Stephen I started trying to have jurisdiction. Cyprianus lived in middle of third century and was martyred. He had fled from an earlier persecution - said it was better to have a live bishop at a distance than a dead one on the spot. 
- +  Bishop's conference is only responsible when universal law or papal mandate makes them responsible. US Conference got such a mandate re child sexual abuse. Bishops of the Conference can decide to promulgate the conference norms in every diocese, if the Conference has agreed that something is a good idea. So in effect the conference has acted. Recognitio is not approval: a sort of control - no objection - nihil obstat. If it doesn't get the recognitio it has to be done again and reworked. [[http://www.usccb.org/beliefs-and-teachings/what-we-believe/canon-law/complementary-norms/| US Bishops Complementary Norms]]
- There were very great bishops in the 1st few centuries. Cyprianus was one of those very strong and autonomous ones but always underlined the communion with the bishop of Rome. Cyrpianus considered the episcopate as just one body, but the body couldn't function without each one having communion with Rome. Stephen I started trying to have jurisdiction. Cyprianus lived in middle of third century and was martyred. He had fled from an earlier persecution - said it was better to have a live bishop at a distance than a dead one on the spot. +
- +
- At ordination a bishop becomes a member of the college, and receives a double function: for the universal church and for his own diocese. Theologically there are two levels of real jurisdiction in the church: diocese and universal. +
-The Conference of Bishops is not a true level of jurisdiction or power or government: it is not formally intermediate between the two. Bishops conference is an instrument to fulfill together some aspects of responsibility as a diocesan bishops. Coniunctim exercentium:  jointly exercise certain pastoral functions. +
- +
- The conference cannot override universal law, and can't do anything except by law or by mandatum of the pope. The obligation to work together is limited to practical circumstances. Very few fundamental issues can be taken up by a bishop's conference. +
- +
- Bishop's conference is only responsible when universal law or papal mandate makes them responsible. US Conference got such a mandate re child sexual abuse. Bishops of the Conference can decide to promulgate the conference norms in every diocese, if the Conference has agreed that something is a good idea. So in effect the conference has acted. Recognitio is not approval: a sort of control - no objection - nihil obstat. If it doesn't get the recognitio it has to be done again and reworked. +
- +
- Pope Paul VI motu proprio ecclesia sanctae August 6, 1966 - list of norms to make options of the council juridical. +
-Theological nature of the bishop's conference not developed. In the 70s when the conferences started to work, unexpected problems arose. Interdicasterial commission set up to study the nature of the conference. Salamanca conference, with Angel Anton but it gave no final decision. May 21 1998Motu proprio: apostulos suos - long Latin text about nature of bishop's conference, introducing at the end four articles (canons) on the doctrinal authority of the bishops conferenceDoctrinal documents could only be issued by the general assembly and accepted unanimously by all the bishops in the conferenceOr second possibility when 2/3 of the bishops accepted and there was recognition by the HS. Final theological document: it is a practical level of collaboration not a full intermediate level. And so it's just the same as in the text of the codex. Clear that Rome opposes strong bishop's conferences. And even some bishop's don't like them. Now about 110 worldwide, and there are all kinds, styles, and sizes. +
- +
- Conferences are also responsible for Canon 320.2: law of associations; Canon 377.2: send possible names to become bishops; Canon 402.2: support retired bishops; Canon 854: baptism; Canon 891: confirmation age; Canon 961/2: absolution; Canon 456: report the plenary to the apostolic see; Canon 457: permanent council sets agenda and Canon 458: general secretariat; stay in contact with neighboring conferences. Sometimes they send observers to each other; Canon 459/2: if neighboring conferences want to act together, then apostolic see must approve. A certain number of international bishop's conferences: conferences of conferences - Some are old, some are new. Different categories.+
   * There are 110 bishop's conferences, Latin rite world-wide. (Annuario 2005: 113 conferences)   * There are 110 bishop's conferences, Latin rite world-wide. (Annuario 2005: 113 conferences)
   * There are also 18 eastern right groupings of bishops in a patriarchate or a church sui juris.   * There are also 18 eastern right groupings of bishops in a patriarchate or a church sui juris.
-  * Assemblies of bishops conferences on the international level: Europe: 1) Concilium Conferenci of Europe - today the archbishop of Budapest is president - a canon lawyer. 2) Commissio Episcoparum of European union - so every bishops conference of EU countries send a rep to this. Secretary is bishop of Ireland - in Brussels. This is for development of dialog within the EU (top people) and the Catholic Church. 3) CELAM: Latin American conference - staring already in the 1950s. 4) FABC: Conference of Asians Bishops: secretariat in Hong Kong. 5) African Bishops Conference: a meeting for all including Madagascar. But then also French speaking of the east of Africa and English speaking of the west of Africa. 6) Fed of Catholic Bishops conferences of Oceania - secretariat in New Zealand. There are also some sub-groups. Bishops meetings are common from early in the life of the church. In all these above canons on the conferences, there is nothing about the teaching role of the bishops. Apostulos Suos - decided what the doctrinal power of the bishops' conference (unanimous vote or 2/3 + approval of the Holy See). Conferences are quite limited in their magisterial power and their legislative power. 
  
 **Canon 447 Episcopal Conference**. The Episcopal Conference is a permanent institution of the Bishops of a country or territory to promote the greater good which the Church offers to all people. Comes from CD 38. **Canon 447 Episcopal Conference**. The Episcopal Conference is a permanent institution of the Bishops of a country or territory to promote the greater good which the Church offers to all people. Comes from CD 38.
-Books: complementary canons by bishops conferences, 1990 Legislazione delle conferenze episcopali complementare al CIC. Schema canonicum libri II de Populo Dei (1977) and 1980. Still some changes after these dates. 
  
 **Canon 448 Same Country.** §1 Generally bishops conferences are organized by country.  §2 Holy See can organize it otherwise. Regions (Canon 434) or international conferences (Canon 459) don't have juridic power, but are for coordination of activities. Generally organized ad experimentum for the first five years. **Canon 448 Same Country.** §1 Generally bishops conferences are organized by country.  §2 Holy See can organize it otherwise. Regions (Canon 434) or international conferences (Canon 459) don't have juridic power, but are for coordination of activities. Generally organized ad experimentum for the first five years.
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 **Canon 451 Statutes.** Conferences draw up their own statutes to be reviewed by the Apostolic See. **Canon 451 Statutes.** Conferences draw up their own statutes to be reviewed by the Apostolic See.
  
-**Canon 452 President.** A president and pro-president are required. Auxiliaries and titulars excluded from presidency by authentic interpretation. (An African conference had elected an auxiliary bishop.) Often bishop of head city is elected as president - but the previous Cardinal Archbishop of Paris was never elected. His successor has already been elected.+**Canon 452 President.** A president and pro-president are required. Auxiliaries and titulars excluded from presidency by authentic interpretation. (An African conference had elected an auxiliary bishop.)
  
-**Canon 453 Annual Meeting.** The Conference is to meet at least once a year. Plenary meeting: in small conferences it could be every month (Belgium), but in most of the conferences meet twice a year - generally a spring and fall meeting - but for several days each time. Belgium is one day at a time. For a time it was split by language, but now they are all pretty comfortable in Dutch. (60 years ago in Belgium it was common for each of the bishops to speak only one language.) CD 38.2.+**Canon 453 Annual Meeting.** The Conference is to meet at least once a year. Plenary meeting: in small conferences it could be every month, but most of the conferences meet twice a year - generally a spring and fall meeting - but for several days each time. CD 38.2.
  
 **Canon 454 Voting.** Diocesan bishops and coadjutors always have deliberative vote, and only they vote on statutes. The conference can establish the nature of the vote of others. **Canon 454 Voting.** Diocesan bishops and coadjutors always have deliberative vote, and only they vote on statutes. The conference can establish the nature of the vote of others.
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  There is an absolute requirement for a Presbyteral Council and college of consultors in a diocese.  There is an absolute requirement for a Presbyteral Council and college of consultors in a diocese.
  
-**Canon 495 Council of Priests.** The Presbyteral Council is required for all dioceses. It is advisory, never deliberative, so the bishop is always free. There is no indication of how many priests may or must be on the council, or length of terms but it must be renewed every 5 years. Even the entire presbyterate can be on the council. It should represent the various ministries of priests.+**Canon 495 Council of Priests.** The Presbyteral Council is required for all dioceses. It is advisorythe bishop is always free. There is no indication of how many priests may or must be on the council, or length of terms but it must be renewed every 5 years. Even the entire presbyterate can be on the council. It should represent the various ministries of priests.
  
 **Canon 496 Statutes.** The council of priests is to draw up its statutes, including composition and action - the bishop approves. **Canon 496 Statutes.** The council of priests is to draw up its statutes, including composition and action - the bishop approves.
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-**Canon 511 Nature of Pastoral Council.** +**Canon 511 Nature of Pastoral Council.** Facultative study group to study the pastoral life in the diocese and to propose solutions - this is not required. Very flexible structure, composed of clerics, members of institutes of consecrated life, and especially lay people. Some places they are not very effective or very well developed. Only at the level of the diocese, not the bishops conference. There is in Belgium an interdiocesan pastoral council for the Flemish region. A free gathering without binding force. This institution was conceived in the council, and gradually developed in the years up to the code. It can be a useful pastoral means to involve the lay faithful and facilitate their call to mission, and provide crucial insight to the clerical folks. It is optional, however, if used, it's recommendations could not be ignored without serious pastoral harm.
- +
- Facultative study group to study the pastoral life in the diocese and to propose solutions - this is not required. Very flexible structure, composed of clerics, members of institutes of consecrated life, and especially lay people. Some places they are not very effective or very well developed. Only at the level of the diocese, not the bishops conference. There is in Belgium an interdiocesan pastoral council for the Flemish region. A free gathering without binding force. This institution was conceived in the council, and gradually developed in the years up to the code. It can be a useful pastoral means to involve the lay faithful and facilitate their call to mission, and provide crucial insight to the clerical folks. It is optional, however, if used, it's recommendations could not be ignored without serious pastoral harm.+
  
 **Canon 512 Members.** §1 Members are Christ's faithful designated by the bishop. §2 Council should truly reflect the entire portion of the people of God, social, professional, apostolic, etc. §3 Members to be outstanding in firm faith, high moral standards and prudence. **Canon 512 Members.** §1 Members are Christ's faithful designated by the bishop. §2 Council should truly reflect the entire portion of the people of God, social, professional, apostolic, etc. §3 Members to be outstanding in firm faith, high moral standards and prudence.
  
-**Canon 513 Term.** §1 The pastoral council is appointed for a determinate period. §2 When the see is vacant, the pastoral   council lapses.+**Canon 513 Term.** §1 The pastoral council is appointed for a determinate period. §2 When the see is vacant, the pastoral council lapses.
  
 **Canon 514 Consultative only.** §1 The pastoral council has only a consultative vote. Diocesan Bishop alone convenes and presides, and makes public the proceedings. §2 It is to be convened at least once a year. **Canon 514 Consultative only.** §1 The pastoral council has only a consultative vote. Diocesan Bishop alone convenes and presides, and makes public the proceedings. §2 It is to be convened at least once a year.
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