CODE OF CANONS
OF THE EASTERN CHURCHES
PRELIMINARY CANONS
The canons of this Code concern all and only the Eastern Catholic Churches, unless, with regard to relations with the Latin Church, it is expressly laid down otherwise.
The canons of this Code, in which for the most part the ancient law of the Eastern Churches is received or adapted, are to be assessed mainly according to that law.
The Code, although it often refers to the prescriptions of liturgical books, does not for the most part legislate on liturgical matters; therefore, these norms are to be diligently observed, unless they are contrary to the canons of the Code.
The canons of the Code neither abrogate nor derogate from the Agreements entered in to by the Holy See with nations or other political societies or such agreements approved by it. They, therefore, continue in force as hitherto, not withstanding any contrary prescriptions of the Code.
Acquired rights as well as privileges hitherto granted by the Apostolic See to physical or juridical persons, which are still in use and have not been revoked, remain intact, unless they are expressly revoked by the canons of this Code.
With the entry into force of the Code:
1° all common or particular laws have been abrogated, which are contrary to the canons of the Code or which concern matters which are integrally reordered in the Code;
2° all customs have been revoked which are reprobated by the canons of this Code or which are contrary to them, unless they are centennial or immemorial.
TITLE I.
THE RIGHTS AND OBLIGATIONS
OF ALL THE CHRISTIAN FAITHFUL
§ 1. Christian faithful are those who, incorporated as they are into Christ through baptism, have been constituted the people of God; and so, participating in their own way in the priestly, prophetic and royal function of Christ, they are called, each according to his or her condition, to exercise the mission which God has entrusted to the Church to fulfill in the world.
§ 2. This Church, constituted and ordered as a society in this world, subsists in the Catholic Church, governed by the successor of Peter and the bishops in communion with him.
In full communion with the Catholic Church on this earth are those baptized persons who are joined with Christ in its visible frame by the bonds of profession of faith, of the sacraments and of ecclesiastical governance.
§ 1. Catechumens are linked with the Church in a special manner in that, under the influence of the Holy Spirit, they express an explicit desire to be incorporated into the Church; they are, therefore, joined to the Church by that very desire and by the life of faith, hope and charity which they lead; the Church already cherishes them as its own.
§ 2. The Church has special care for the catechumens, invites them to lead the evangelical life and introduces them into participation in the Divine Liturgy, the sacraments and the Liturgy of the hours, and already grants them various prerogatives which are proper to Christians.
Clinging to the word of God and adhering to the living authentic magisterium of the Church, Christian faithful are bound to maintain integrally the faith, which was preserved and transmitted at a great price by their forefathers, and to profess it openly as well as to acquire a greater practical understanding of it and to make it fruitful in works of charity.
Based on their rebirth in Christ there is true equality of dignity and action among all Christian faithful. Owing to this dignity they all co-operate, each according to his or her own condition and function, in the building up of the Body of Christ.
§ 1. Christian faithful are bound by the obligation in the manner of their conduct to maintain communion with the Church at all times.
§ 2. They are to fulfill with great diligence their obligations to the universal Church and to their own Church sui iuris.
All the Christian faithful must strive, each according to his or her own condition, to lead a holy life and to promote the growth of the Church and its continual sanctification.
All the Christian faithful have the right and the duty to work so that the divine message of salvation may more and more reach all people of all times and of the whole world.
§ 1. Christian faithful, conscious of their own responsibility, are bound to show Christian obedience to what the pastors of the Church, who represent Christ, declare as teachers of the faith or determine as rulers of the Church.
§ 2. Christian faithful are at liberty to make known their needs, especially their spiritual needs, and their desires to the pastors of the Church.
§ 3. They have the right and at times even the duty, in keeping with their knowledge, competence and position to manifest their views on matters regarding the good of the Church to the pastors of the Church and, with due regard for the integrity of faith and morals and for reverence towards the same pastors, and with consideration for the common benefit and the dignity of persons, also to others of the Christian faithful.
Christian faithful have the right to assistance by the pastors of the Church from the spiritual goods of the Church, especially the word of God and the sacraments.
Christian faithful have the right to worship God according to the prescriptions of their own Church sui iuris, and to follow their own form of spiritual life, of course in accord with the teaching of the Church.
Christian faithful are at liberty to found and to direct associations which serve charitable and pious purposes or which promote the Christian vocation in the world; so too, to hold meetings to pursue these purposes together.
Since they participate in the Church\’s mission, all the Christian faithful have the right to promote or support apostolic action by their own initiative in keeping with their own state and condition. No initiative, however, may lay claim to the title "Catholic" without the consent of the competent ecclesiastical authority.
Since Christian faithful are called by baptism to lead a life in harmony with the gospel teaching, they have the right to a Christian education by which they are properly instructed how to achieve the maturity of the human personality and at the same time to know and live the mystery of salvation.
Those who are engaged in sacred sciences have a just freedom of research and of expression. In expressing themselves on matters in which they are experts, they are to be prudent and to show obsequium to the magisterium of the Church.
All the Christian faithful have the right to immunity from any kind of coercion in choosing a state in life.
No one may unlawfully harm the good reputation which a person enjoys, or violate the right of any person to protect his or her privacy.
§ 1. Christian faithful can lawfully vindicate and defend the rights which they have in the Church, in the competent ecclesiastical forum in accordance with the norm of law.
§ 2. Further, if they are summoned to trial by the competent authority, Christian faithful have the right to be judged according to the provisions of the law, to be applied with equity.
§ 3. Christian faithful have the right not to be punished with canonical penalties except in accordance with the norm of law.
§ 1. Christian faithful have the duty to provide for the needs of the Church, so that what is necessary for its proper ends is available to the Church, especially what is needed for divine worship, for works of apostolate and of charity and for the proper support of its ministers.
§ 2. They are also obliged to promote social justice and, mindful of the Lord\’s precept, to help the poor from their own resources.
§ 1. In the exercise of their rights, Christian faithful, both individually and joined in associations, must take account of the common good of the Church, as well as the rights of others and their own duties to others.
§ 2. Ecclesiastical authority has the competence to regulate, in view of the common good, the exercise of the rights which are proper to Christian faithful.
TITLE II.
CHURCHES SUI IURIS AND RITES
A community of the Christian faithful, which is joined together by a hierarchy according to the norm of law and which is expressly or tacitly recognized as sui iuris by the supreme authority of the Church, is called in this Code a Church sui iuris.
§ 1. Rite is a heritage made up of liturgy, theology, spirituality and discipline, a heritage that is differentiated by the culture and the circumstances of the history of peoples and which is expressed by each Church sui iuris in its own manner of living the faith.
§ 2. The rites dealt with in this Code are those sprung from the Alexandrian, Antiochean, Armenian, Chaldean and Constantinopolitan traditions, unless it is established otherwise.
CHAPTER I.
ASCRIPTION TO A CHURCH SUI IURIS
§ 1. A person who has not yet completed fourteen years of age is ascribed through baptism to the Church sui iuris to which his or her father is ascribed as a Catholic; or if only the mother is Catholic, or if both the parents are of the same mind in requesting it, to the Church sui iuris of the mother, without prejudice to the particular law enacted by the Apostolic See.
§ 2. If a person who has not yet completed fourteen years of age:
1° is born of an unwed mother, he or she is ascribed to the Church sui iuris to which the mother belongs;
2° is born of unknown parents, he or she is ascribed to the Church sui iuris to which belong those to whose care he or she has been legitimately entrusted; if, however, these are adoptive father and mother, § 1 is to be applied;
3° is born of non-baptized parents, he or she is ascribed to the Church sui iuris to which belongs the person who has undertaken his or her education in the Catholic faith.
Anyone to be baptized who has completed the fourteenth year of age can freely select any Church sui iuris in which he or she then is ascribed by virtue of baptism received in that same Church, with due regard for particular law established by the Apostolic See.
No one is to presume to induce anyone of the Christian faithful in any way to transfer to another Church sui iuris.
§ 1. No one can validly transfer to another Church sui iuris without the consent of the Apostolic See.
§ 2. In the case of Christian faithful of an eparchy of a certain Church sui iuris who petition to transfer to another Church sui iuris which has its own eparchy in the same territory, the consent of the Apostolic See is presumed, provided that the eparchial bishops of both eparchies consent to the transfer in writing.
A wife is at liberty to transfer to the Church of the husband at the celebration of or during the marriage; when the marriage has ended, she can freely return to the original Church sui iuris.
If the parents, or the Catholic spouse in the case of a mixed marriage, transfer to another Church sui iuris, children who have not completed fourteen years of age are ascribed ipso iure to the same Church; if in a marriage between Catholics only one parent transfers to another Church sui iuris, the children transfer only if both parents have given consent. Upon completion of the fourteenth year of age, the children can return to the original Church sui iuris.
Baptized non-Catholics coming into full communion with the Catholic Church should retain and practice their own rite every where in the world and should observe it as much as humanly possible. Thus, they are to be ascribed to the Church sui iuris of the same rite with due regard for the right of approaching the Apostolic See in special cases of persons, communities or regions.
The transfer to another Church sui iuris takes effect at the moment a declaration is made before the local hierarch or the proper parish priest of the same Church or a priest delegated by either of them and two witnesses, unless the rescript of the Apostolic See provides otherwise.
All ascription to a Church sui iuris or transfer to another Church sui iuris is to be recorded in the baptismal register of the parish where the baptism was celebrated, even if it be a parish of the Latin Church; if this cannot be done, it is to be recorded in another document, which is to be kept in the parish archive of the proper parish priest of the Church sui iuris to which the ascription was made.
Christian faithful of Eastern Churches even if committed to the care of a hierarch or parish priest of another Church sui iuris, nevertheless remain ascribed to their own Church.
CHAPTER II.
THE OBSERVATION OF RITES
The rites of the Eastern Churches are to be preserved and promoted conscientiously as the heritage of the whole
§ 1. Hierarchs who preside over Churches sui iuris and all other hierarchs are to take earnest care to guard faithfully and observe exactly their own rite, nor are they to allow changes to be made in it except by reason of its organic progress; they are nonetheless to keep in mind mutual goodwill and the unity of Christians.
§ 2. Other clerics and members of institutes of consecrated life are bound to observe faithfully their own rite and to acquire day by day greater knowledge and more perfect practice of it.
§ 3. The other Christian faithful are also to foster the knowledge and appreciation of their own rite and are bound to observe it everywhere unless an exception is provided by the law.
The Christian faithful of any Church sui iuris, even the Latin Church, who by reason of their office, ministry, or function have frequent dealings with the Christian faithful of another Church sui iuris are to have a formation in the knowledge and practice of the rite of the same Church in keeping with the importance of the office, ministry or function they hold.
TITLE III.
THE SUPREME AUTHORITY OF THE CHURCH
Just as, by the Lord\’s decree, Saint peter and the other Apostles form one college, so in a corresponding manner the Roman Pontiff, the successor of Peter, and the bishops, the successors of the Apostles, are united together in one.
THE ROMAN PONTIFF
In the bishop of the Church of Rome abides the office (munus) given in a unique way by the Lord to Peter, the first of the Apostles, to be transmitted to his successors; he is the head of the college of bishops, the Vicar of Christ, and the Pastor of the entire Church here on earth. Therefore, by virtue of his office (munus) he enjoys supreme, full, immediate and universal ordinary power in the Church, which he can always freely exercise.
§ 1. The Roman Pontiff obtains supreme and full power in the Church by lawful election accepted by him together with episcopal ordination. Accordingly, if the one who has been elected to the supreme pontificate has the Episcopal character, he obtains the said power from the moment he accepts his election; but if the one elected does not have the episcopal character, he is immediately to be ordained bishop.
§ 2. Should it happen that the Roman Pontiff resigns his office (munus), it is required for validity that the resignation be freely made and duly manifested, but not that it be accepted by anyone.
§ 1. By virtue of his office (munus) the Roman Pontiff not only has power over the entire Church, but he also possesses pre-eminent ordinary power over all the eparchies and their groupings. This power both reinforces and safeguards the proper, ordinary and immediate power which bishops have in the eparchy entrusted to their care.
§ 2. The Roman Pontiff, in the fulfillment of his office (munus) as the supreme pastor of the entire Church, is always joined in communion with the other bishops and indeed with the entire Church. He has the right, however, to determine according to the needs of the entire Church, whether the aforesaid office (munus) is to be exercised in a personal or collegial manner.
§ 3. There is neither appeal nor recourse against a judgement or a decree of the Roman Pontiff.
§ 1. In the exercise of his office (munus) the Roman pontiff avails himself of bishops who co-operate with him in various ways; among these is the synod of bishops. Besides, to assist him there are cardinals, the Roman curia, pontifical legates and other persons and, according to the needs of the times, various institutes; all these persons and institutes fulfill the task (munus) entrusted to them, in his name and by his authority, for the good of all the Churches, according to the norms established by the same Roman pontiff.
§ 2. Special norms established by the Roman Pontiff regulate the participation in the synod of bishops by patriarchs and other hierarchs who preside over Churches sui iuris.
When the Roman See is vacant or altogether impeded, no innovation is to be made in the governance of the Church as a whole. The special laws enacted for these circumstances are to be observed.
In this Code the term "Apostolic See" or "Holy See" applies not only to the Roman Pontiff but also, unless it is otherwise specified by the law or is clear from the nature of the matter, to the dicasteries and other institutes of the Roman Curia.
CHAPTER II.
THE
The college of bishops is also the subject of supreme and full power over the Church as a whole, but always in union with its head, and never apart from its head. Its head is the Roman Pontiff, and its members are the bishops by virtue of their sacramental ordination and hierarchical communion with the head of the college and its members. In it the apostolic body survives in an unbroken manner.
§ 1. The college of bishops exercises its power over the Church as a whole in a solemn form in the ecumenical council.
§ 2. The college of bishops exercises this same power by the united action of the bishops dispersed throughout the world, when such action has been notified or has been freely received by the Roman pontiff so that it becomes a truly collegial act.
§ 3. It is for the Roman Pontiff to select and promote, according to the needs of the Church, ways in which the college of bishops can collegially exercise its function regarding the Church as a whole.
§ 1. It is the prerogative of the Roman Pontiff alone to convoke an ecumenical council, to preside over it personally or through others, to transfer, suspend or dissolve it, and to confirm its decrees.
§ 2. It is for the same Roman Pontiff to determine the matters to be dealt with in the ecumenical council, and to establish the order to be followed in it. The Fathers of the council can add other topics to the ones proposed by the Roman Pontiff, but these need to be approved by him.
§ 1. All bishops and only bishops who are members of the college of bishops have the right and obligation to attend an ecumenical council with a deliberative vote.
§ 2. Some others besides who are not of the rank of bishops can be summoned to an ecumenical council by the supreme authority of the Church. It belongs to this same authority to determine what part they take in the council.
Should the Apostolic See become vacant during the celebration of an ecumenical council, it is interrupted ipso iure until the new Roman Pontiff orders it to continue or dissolves it.
§ 1. The decrees of an ecumenical council do not have obligatory force unless they are approved by the Roman Pontiff together with the Fathers of the council, are confirmed by the Roman Pontiff and are promulgated by his order.
§ 2. This confirmation and promulgation are required also for decrees to have binding force when they are issued by the college of bishops acting truly collegially but in another manner as notified or freely received by the Roman pontiff.
TITLE IV.
THE PATRIARCHAL CHURCHES
According to a very ancient tradition of the Church, recognized already by the first ecumenical councils, the patriarchal institution has been flourishing in the Church. Therefore, special honour is to be accorded to the patriarchs of the Eastern Churches, who preside each over his respective patriarchal Church as its father and head.
A patriarch is a bishop who has power over all the bishops including metropolitans and other Christian faithful of the Church over which he presides, according to the norm of law approved by the supreme authority of the Church.
§ 1. The erection, restoration, modification and suppression of patriarchal Churches is reserved to the supreme authority of the Church.
§ 2. Only the supreme authority of the Church can modify the title which has been legitimately recognized for or granted to each patriarchal Church.
§ 3. A patriarchal Church must have a permanent see for the residence of the patriarch within its own territory, if possible in the principal city, from which the patriarch takes his title. This see cannot be transferred except for a very grave reason and with the consent of the synod of bishops of the patriarchal Church and the assent of the Roman pontiff.
Patriarchs of Eastern Churches precede all bishops of any degree every where in the world, with due regard for special norms of precedence established by the Roman Pontiff.
§ 1. Patriarchs of Eastern Churches, even if some are of later times, are all equal by reason of patriarchal dignity with due regard for the precedence of honour among them.
§ 2. The order of precedence among the ancient patriarchal sees of the Eastern churches is that in the first place comes the see of
§ 3. Among the other patriarchs of the Eastern Churches, precedence is ordered according to the antiquity of the patriarchal see.
§ 4. Among the patriarchs of the Eastern Churches who have one and the same title but who preside over different patriarchal Churches, the one who was first promoted to the patriarchal dignity has precedence.
§ 1. In Churches which are designated for the Christian faithful of the Church over which he presides and in liturgical celebrations of the same Church, a patriarch precedes other patriarchs, even if they are greater in virtue of title of the see or senior according to promotion.
§ 2. A patriarch who currently holds patriarchal power precedes those who retain the title of a patriarchal see which they once held.
A patriarch can have a procurator at the Apostolic See appointed by him with the prior assent of the Roman Pontiff.
A patriarch who has resigned from his office retains his title and honours especially during liturgical celebrations and has the right that a dignified residence be assigned to him with his consent and that appropriate to his title he be provided with the means for his support, with due regard for the norm on precedence in can. 60, § 2.
THE ELECTION OF PATRIARCHS
A patriarch is canonically elected in the synod of bishops of the patriarchal Church.
The qualifications required in a candidate so as to be considered suitable for the patriarchal dignity are to be specified by particular law, always with due regard for those which are prescribed in can. 180.
§ 1. The synod of bishops of the patriarchal Church must be convened in the patriarchal residence or in another place to be designated by the administrator of the patriarchal Church with the consent of the permanent synod.
§ 2. The synod of bishops of the patriarchal Church must be convened within one month of the vacancy of the patriarchal see, without prejudice to the particular law establishing a longer term, not, however, beyond two months.
§ 1. In the election of the patriarch all the members of the synod of bishops of the patriarchal Church and only the members have the active vote.
§ 2. It is forbidden for anyone other than the members of the synod of bishops of the patriarchal Church to be present in the hall at the election of the patriarch, except those clerics who are employed as scrutineers or secretary of the synod, according to the norms of can.71,§1.
§ 3. No one is allowed either before or during the synod of bishops of the patriarchal Church to interfere in any manner with the election of the patriarch.
Any contrary custom being reprobated, in the election of the patriarch cann. 947-957 must be observed, unless it is provided otherwise by common law.
§ 1. All bishops lawfully convoked are bound by a grave obligation to take part in the election.
§ 2. If a bishop deems to be prevented by a just impediment, he is to expose his reasons in writing to the synod of bishops of the patriarchal Church. It is for the bishops present in the designated place at the beginning of the sessions of the synod to decide the legitimacy of the impediment.
Once the convocation has been done canonically, if, after subtracting those prevented by a lawful impediment, two-thirds of bishops obliged to attend the synod of bishops of the patriarchal Church are present in the designated place, the synod is to be declared canonical, and the election can be proceeded with.
Unless particular law has established otherwise, the one who is elected from among those present in the first session is to preside over the synod of bishops of the patriarchal Church for the election of the patriarch. In the meantime the presidency is reserved to the administrator of the patriarchal Church.
§ 1. The positions of tellers and secretary can also be filled by priests and deacons according to the norm of particular law.
§ 2. All who are present at the synod are bound to the serious obligation of observing secrecy concerning those matters which directly or indirectly concern the balloting.
§ 1. The one who has obtained two-thirds of the votes is elected, unless it is provided in particular law that after an appropriate number of ballotings, at least three, an absolute majority of votes suffice and that the election be brought to an end according to the norms of can. 183, §§ 3-4.
§ 2. If the election is not completed within fifteen days from the opening of the synod of bishops of the patriarchal Church, the matter devolves to the Roman Pontiff.
If the one who has been elected is at least a legitimately proclaimed bishop, his election must immediately be intimated to him according to the accepted formula and formality of the patriarchal Church. This is to be done in the name of the entire synod of bishops of the patriarchal Church by the president, or if the president has been elected, by the bishop who is senior by episcopal ordination. If, however, the one who has been elected is not a bishop or has not yet been lawfully proclaimed bishop, all who in any way have come to know the outcome of the election have to maintain secrecy, even toward the one elected; and the synod of bishops of the patriarchal Church is suspended. And the intimation is to be done, if all the canonical requirements for the episcopal proclamation have been carried out.
Within two days of usable time after being intimated, the one who has been elected must indicate whether he accepts the election. If he does not accept, or does not respond within two days, he loses all the rights he acquired by the election.
If the one who is elected accepted and is an ordained bishop, the synod of bishops of the patriarchal Church proceeds with his proclamation and enthronement as patriarch according to the prescriptions of the liturgical books; if the one who is elected is not yet an ordained bishop, the enthronement cannot be performed validly before the one who is elected receives Episcopal ordination.
§ 1. With a synodal letter, the synod of bishops of the patriarchal Church is to inform the Roman pontiff at the earliest about the canonical conduct of the election and of the enthronement of the new patriarch, about his profession of faith and promise to exercise his office faithfully made in the presence of the synod according to the approved formulas. Synodal letters about the election are to be sent also to the patriarchs of the other Eastern Churches.
§ 2. The new patriarch must as soon as possible request ecclesiastical communion from the Roman Pontiff by means of a letter signed in his own hand.
§ 1. The patriarch, though canonically elected, validly exercises his office only after his enthronement, by which he obtains his office with the full effects of law.
§ 2. The patriarch is not to convoke the synod of bishops of the patriarchal Church nor ordain bishops before receiving ecclesiastical communion from the Roman Pontiff.
CHAPTER II.
THE RIGHTS AND OBLIGATIONS OF PATRIARCHS
§ 1. The power which, according to the norm of the canons and legitimate customs, the patriarch has over bishops and other Christian faithful of the Church over which he presides is ordinary and proper, but personal. Thus the patriarch cannot constitute a vicar for the entire patriarchal Church nor can he delegate his power to someone for all cases.
§ 2. The power of the patriarch is exercised validly only inside the territorial boundaries of the patriarchal Church unless the nature of the matter or the common or particular law approved by the Roman Pontiff establishes otherwise.
The patriarch acts in the person of the patriarchal Church in all its juridical affairs.
It is for the patriarch:
1° to exercise the rights and to fulfill the obligations of the metropolitan in all places where provinces have not been erected;
2° to supply for the negligence of metropolitans according to the norm of law;
3° during the vacancy of a metropolitan see to exercise the rights and to fulfill the obligations of the metropolitan in the entire province;
4° to warn a metropolitan who has not appointed a financial administrator according to can. 262, § 1; if the warning has been to no avail, it is for him to appoint a financial administrator personally.
The acts of the Roman Pontiff regarding the patriarchal Church are to be made known through the patriarch to the eparchial bishops or others concerned, unless in some case the Apostolic See has taken measures directly.
§ 1. By his own right the patriarch can:
1° within the scope of his competence, issue decrees which determine more precisely the methods to be observed in applying the law or urge the observance of a law;
2° direct instructions to the Christian faithful of the entire Church over which he presides for the purpose of explaining sound doctrine, fostering piety, correcting abuses, and approving and recommending practices which foster the spiritual welfare of the Christian faithful;
3° issue encyclical letters to the entire Church over which he presides concerning questions with respect to his own Church and rite.
§ 2. The patriarch can issue orders to bishops and other clerics as well as members of institutes of consecrated life of the entire Church over which he presides to have his decrees, instructions , and encyclical letters read and exposed publicly in their churches or houses.
§ 3. In all matters which concern the entire Church over which he presides or more serious affairs, the patriarch will not fail to hear the permanent synod, the synod of bishops of the patriarchal Church, or even the patriarchal assembly.
§ 1. With due regard for the right and obligation of the eparchial bishop of canonically visiting his own eparchy, the patriarch has the right and obligation to conduct a pastoral visitation of the same eparchy at the time determined by particular law.
§ 2. For serious reasons and with the consent of the permanent synod, the patriarch can visit a church, city, or eparchy either personally or through another bishop; during this visitation he can do all those things the eparchial bishop can do during a canonical visitation.
§ 1. The patriarch is to take very special care to promote united action between himself and the eparchial bishops of the Church over which he presides as well as with the rest of the Christian faithful of whatever Church sui iuris. Such united action is to be preceded by consultation, especially in the assemblies foreseen by law, with the patriarchs and eparchial bishops of other Churches sui iuris who exercise their power in the same territory. They are, through concerted forces, to sustain common works which promote more expeditiously the good of religion, protect more effectively ecclesiastical discipline and foster more harmoniously the unity of all Christians.
§ 2. The patriarch is also to foster frequent meetings between the hierarchs and such other Christian faithful as he, in his discretion, deems good to summon to discuss pastoral matters and other affairs which concern the entire Church over which he presides or a certain province or region.
§ 1. For a serious reason the patriarch can, with the consent of the synod of bishops of the patriarchal Church and having consulted the Apostolic See, erect provinces and eparchies, modify their boundaries, unite, divide, or suppress them, modify their hierarchical rank and transfer eparchial sees.
§ 2. With the consent of the synod of bishops of the patriarchal Church, the patriarch is competent:
1° to give to an eparchial bishop a coadjutor bishop or auxiliary bishop, observing cann. 181, § 1 and 187 and 212;
2° for a grave reason, to transfer a metropolitan, eparchial bishop or titular bishop to another metropolitan, eparchial or titular see; if any of these refuse, the synod of bishops of the patriarchal Church is to resolve the matter or defer it to the Roman Pontiff.
§ 3. With the consent of the permanent synod, the patriarch can erect, modify and suppress exarchies.
§ 4. The patriarch is to inform the Apostolic See of these decisions as soon as possible.
§ 1. The patriarch is competent:
1° to grant a patriarchal letter of canonical provision to a metropolitan or a bishop;
2° to ordain metropolitans either personally or, if impeded, through other bishops, and, if particular law provides so, to ordain also all bishops;
3° to enthrone the metropolitan after episcopal ordination.
§ 2. Ipso iure faculty is given to the patriarch to ordain and enthrone metropolitans and other bishops of the Church over which he presides who have been appointed by the Roman Pontiff outside the territorial boundaries of that Church, unless in a special case it is expressly provided otherwise.
§ 3. Episcopal ordination and enthronement must take place within the deadline determined by law; the patriarchal letter of canonical provision is to be issued within ten days of the proclamation of the election. The Apostolic See is to be informed as soon as possible of the episcopal ordination and enthronement.
As long as provision is made for their support, the patriarch can see to it that some bishops, though not more than three, are elected for the patriarchal curia by the synod of bishops of the patriarchal Church according to the norms of cann. 181, § 1 and 182 – 187. He confers on them the office with residency in the patriarchal curia; he can also ordain them after having fulfilled all the requirements for the episcopal proclamation.
§ 1. Bishops of the patriarchal Church must show honour and obsequium to the patriarch and must render due obedience to him; the patriarch shall show to these bishops due reverence and treat them with brotherly charity.
§ 2. The patriarch is to see that controversies which perhaps might arise among the bishops are resolved with due regard for the right of deferring them to the Roman Pontiff at any time.
§ 1. It is the right and obligation of the patriarch to exercise vigilance according to the norm of law over all clerics; if it appears that one of them merits punishment, he is to warn the hierarch to whom the cleric is immediately subject and, if the warning is in vain, he himself is to take action against the cleric according to the norm of law.
§ 2. The patriarch can commit a function of conducting affairs which regard the entire patriarchal Church to any cleric, after having consulted with the eparchial bishop or, in the case of a member of a religious institute or a society of the common life in the manner of religious, the major superior, unless the particular law of the patriarchal Church requires the consent of the same; he can also subject the cleric immediately to himself while exercising this function.
§ 3. The patriarch can confer on any cleric a dignity admitted in his own patriarchal Church with due regard for can. 430, provided he has the written consent of the eparchial bishop to whom the cleric is subject or, in the case of a member of a religious institute or of a society of common life in the manner of religious, of the major superior.
The patriarch can for a serious reason and after having consulted with the eparchial bishop and with the consent of the permanent synod, exempt a place or, in the very act of its erection, a juridical person not belonging to a religious institute from the power of the eparchial bishop and subject it immediately to himself with respect to the administration of temporal goods and also with respect to persons attached to the same place or juridical person in all matters regarding their function or office.
The patriarch must be commemorated in the Divine Liturgy and in the Liturgy of the Hours after the Roman Pontiff by all the bishops and other clerics according to the prescriptions of the liturgical books.
§ 1. The patriarch is to manifest hierarchical communion with the Roman Pontiff, the successor of Saint Peter, through such fidelity, reverence and obedience as are due to the supreme pastor of the whole Church.
§ 2. As a sign of full communion with the Roman Pontiff, the patriarch must commemorate him in the Divine liturgy and in the Liturgy of the Hours, according to the prescriptions of the liturgical books; he is also to see that this is done faithfully by all the bishops and other clerics of the Church over which he presides.
§ 3. The patriarch is to have frequent dealings with the Roman Pontiff. He is to submit to him a report concerning the state of the Church over which he presides, according to the special norms regarding this matter. Within a year of his election, and afterwards several times during the tenure of his office, he is to visit Rome to venerate the See of the Holy Apostles Peter and Paul; and then he is also to present himself to Saint Peter\’s successor in the primacy over the entire Church.
The patriarch is to reside in his see and is not to be absent from it except for a canonical reason.
The patriarch must celebrate the Divine Liturgy for the people of the entire Church over which he presides on feast days established by particular law.
§ 1. The obligations of eparchial bishops, which are mentioned in can. 196, bind also the patriarch, in addition to the obligations of every bishop.
§ 2. The patriarch is to see that the eparchial bishops faithfully fulfill their pastoral functions and that they reside in the eparchy which they govern; he should enkindle their zeal; if they gravely transgress in a certain matter, after having consulted with the permanent synod unless there is danger in delay, the patriarch is to warn them; if the warning does not result in the desired effect, he is to defer the matter to the Roman pontiff.
With regard to prayers and pious exercises, provided that they are consonant with his own rite, the patriarch can do the same as the local hierarch in the entire Church over which he presides.
The patriarch must diligently exercise vigilance over the proper administration of all ecclesiastical property, with due regard for the primary obligation of the individual eparchial bishops as mentioned in can. 1022, § 1.
With the consent of the synod of bishops of the patriarchal Church and the prior assent of the Roman Pontiff, the patriarch can enter into agreements with a civil authority which are not contrary to the law established by the Apostolic See; the patriarch cannot put these same agreements into effect without having obtained the approval of the Roman Pontiff.
§ 1. The patriarch is to see to it that in the regions where personal statutes are in force they are observed by everyone.
§ 2. If in the same place several patriarchs exercise power which has been recognized or conceded in the personal statutes, it is expedient that in matters of greater importance they act after consulting with one another.
The patriarch can reserve to himself matters which concern several eparchies and involve the civil authorities; he cannot, however, settle these matters without consulting the eparchial bishops concerned and without the consent of the permanent synod. If the matter is urgent and time is too short to convene the bishops who are members of the permanent synod, they may be substituted, for the case, by the bishops of the patriarchal curia, if there are any; otherwise, by the two eparchial bishops who are senior by episcopal ordination.
In his own eparchy, in stauropegial monasteries and in places where neither an eparchy nor an exarchy has been erected, the patriarch has the same rights and obligations as an eparchial bishop.
CHAPTER III.
THE SYNOD OF BISHOPS OF A PATRIARCHAL CHURCH
§ 1. All and solely ordained bishops of the patriarchal Church wherever they are constituted, excluding those mentioned in can. 953, § 1 or those who are punished by canonical penalties mentioned in cann. 1433 and 1434, must be called to the synod of bishops of the patriarchal Church.
§ 2. With regard to eparchial bishops constituted outside the territorial boundaries of the patriarchal Church and titular bishops, particular law can restrict their deliberative vote, with due regard for the canons concerning the election of the patriarch, bishops and candidates for office mentioned in can. 149.
§ 3. To expedite certain matters, according to the norm of particular law or with the consent of the permanent synod, others can be invited by the patriarch, especially hierarchs who are not bishops and experts to give their opinions to the bishops gathered in the synod with due regard for can. 66, § 2.
It is for the patriarch to convoke the synod of bishops of the patriarchal Church and to preside over it.
§ 1. All bishops lawfully called to the synod of bishops of the patriarchal Church are bound by a serious obligation to attend it, except those who have already resigned from office.
§ 2. If a bishop deems to be prevented by a just impediment, he is to expose his reasons in writing to the synod of bishops of the patriarchal Church. It is for the bishops present in the designated place at the beginning of the sessions of the synod to decide the legitimacy of the impediment.
No member of the synod of bishops of the patriarchal Church can send to the synod a proxy in his place nor does anyone have several votes.
§ 1. The synod of bishops of the patriarchal Church must be convoked whenever:
1° business is to be transacted which pertains to the exclusive competence of the synod of bishops of the patriarchal Church, or to discharge them the consent of the synod is needed;
2° the patriarch, with the consent of the permanent synod, judges it necessary;
3° at least one-third of the members request it for a given matter, with due regard always for the rights of patriarchs, bishops and other persons established by common law.
§ 2. Moreover the synod of bishops of the patriarchal Church must be convoked at fixed times, even annually, if particular law so has it.
§ 1. Unless particular law requires a higher quorum, and with due regard for cann. 69, 149 and 183, § 1, any session of the synod of bishops of the patriarchal Church is canonical and any given balloting is valid, if the majority of the bishops who are obliged to attend it, is present.
§ 2. With due regard for cann. 72, 149 and 183, §§ 3 and 4, the synod of bishops of the patriarchal Church is at liberty to establish norms to determine how many votes and ballotings are required for the synodal decisions to acquire the force of law; otherwise, can. 924 must be observed.
§ 1. It is for the patriarch to open the synod of bishops of the patriarchal Church and with the synod\’s consent, to transfer, prorogue, suspend and dissolve it.
§ 2. After hearing the members of the synod of bishops of the patriarchal Church in advance, it is also for the patriarch to prepare the agenda as well as to submit it to the synod\’s approval at the opening of the session.
§ 3. During the synod of bishops of the patriarchal Church, individual bishops can add other items to those on agenda, if at least one-third of the members present at the synod consents.
After the opening of the synod of bishops of the patriarchal Church, none of the bishops is permitted to depart from the sessions of the synod unless it is for a just reason approved by the synod.
§ 1. The synod of bishops of the patriarchal Church is exclusively competent to make laws for the entire patriarchal Church which obtain force according to the norm of can. 150, §§ 2 and 3.
§ 2. The synod of bishops of the patriarchal Church is a tribunal according to the norm of can. 1062.
§ 3. The synod of bishops of the patriarchal Church conducts the election of the patriarch, of bishops and of candidates for offices mentioned in can. 149.
§ 4. Administrative acts are not the competence of the synod of bishops of the patriarchal Church, unless for certain acts the patriarch determines otherwise or common law reserves some acts to the synod, with due regard for the canons which require the consent of the synod of bishops of the patriarchal Church.
§ 1. The synod of bishops of the patriarchal Church designates the manner and time of promulgation of laws and the publication of decisions.
§ 2. Again the synod of bishops of the patriarchal Church has to decide the observance of secrecy regarding the proceedings or the cases dealt with, without prejudice to the obligation of observing secrecy in matters established by common law.
§ 3. Acts regarding laws and decisions are to be sent to the Roman Pontiff as soon as possible; certain acts or even all of them are to be communicated to the patriarchs of the other Eastern Churches according to the judgment of the synod.
§ 1. The promulgation of laws and the publication of decisions of the synod of bishops of the patriarchal Church is the competence of the patriarch.
§ 2. Until the forthcoming synod, the authentic interpretation of laws of the synod of bishops of the patriarchal Church is the competence of the patriarch, having consulted with the permanent synod.
the synod of bishops of the patriarchal Church is to draw up its statutes in which are provided a secretary of the synod, preparatory commissions, the order of procedure as well as other means which they consider effective for the attainment of its goals.
CHAPTER IV.
THE PATRIARCHAL CURIA
§ 1. Distinct from the curia of the eparchy of the patriarch, the patriarch must have at his see a patriarchal curia which is comprised of the permanent synod, the bishops of the patriarchal curia, the ordinary tribunal of the patriarchal Church, the patriarchal financial administrator, the patriarchal chancellor, the liturgical commission as well as other commissions which by law are attached to the patriarchal curia.
§ 2. Persons belonging to the patriarchal curia can be selected by the patriarch from the clergy of the entire Church over which he presides, having consulted their eparchial bishop, if it is a case of a member of a religious institute or society of the common life in the manner of religious, their major superior.
§ 3. The offices of either curia of the patriarch, in as much as it is possible, are not to be conferred upon the same persons.
§ 1. The permanent synod is comprised of the patriarch and four bishops designated for a five-year term.
§ 2. Of these bishops, three are elected by the synod of bishops of the patriarchal Church among whom at least two must be eparchial bishops; one is appointed by the patriarch.
§ 3. At the same time and in the same manner, four bishops are designated, in so far as it is possible, who, according to the order determined by the synod of bishops of the patriarchal Church, substitute alternately for the impeded members of the permanent synod.
§ 1. It is for the patriarch to convoke the permanent synod and to preside over it.
§ 2. If the patriarch is impeded from attending the permanent synod, its sessions are presided over by the bishop who is senior by episcopal ordination after the number of members has been restored to five according to the norm of can. 115, § 3.
§ 3. If the permanent synod must decide a matter which affects the person of a certain bishop who is a member of the same synod or affects his eparchy or office, he is to be heard, but in the synod another bishop substitutes for him according to the norm of can. 115, § 3.
The president and all the other members of the synod who attended the synod must put their signature to the acts of the synod.
Voting in the permanent synod must be secret in matters relating to persons; in other cases, if at least one of the members expressly requests it.
If a certain matter belonging to the competence of the permanent synod is to be decided while the synod of bishops of the patriarchal Church is being held, the decision on this matter is reserved to the permanent synod unless the patriarch with the consent of the permanent synod judges it opportune to commit the decision to the synod of bishops of the patriarchal Church.
The permanent synod must be convoked at fixed times, at least twice a year, and whenever the patriarch considers it opportune, as well as whenever decisions are to be made about matters for which common law requires the consent or counsel of the same synod.
If in the judgement of the synod of bishops of the patriarchal Church, the permanent synod cannot be constituted for a serious reason, the Apostolic See is to be informed. And the synod of bishops of the patriarchal Church is to elect two bishops, one of whom must be from the eparchial bishops, who with the patriarch act in lieu of the permanent synod as long as the reason lasts.
§ 1. For the administration of the goods of the patriarchal Church, the patriarch, with the consent of the permanent synod, is to nominate a patriarchal financial administrator distinct from the financial administrator of the eparchy of the patriarch. The patriarchal financial administrator should be one of the Christian faithful who is an expert in economic matters and is outstanding for honesty. From valid nomination is excluded anyone who is related to the patriarch up to the fourth degree of consanguinity or affinity inclusively.
§ 2. The patriarchal financial administrator is appointed for a term determined by particular law. During this period he cannot be removed by the patriarch without the consent of the synod of bishops of the patriarchal Church or, if there is danger in delay, of the permanent synod.
§ 3. The patriarchal financial administrator must submit annually to the permanent synod a written report of the past year of administration as well as the budget for the coming year. He is to submit an administration report also whenever the permanent synod asks for it.
§ 4. The synod of bishops of the patriarchal Church can demand of the patriarchal financial administrator an administration report and the budget, and subject them to its examination.
§ 1. In the patriarchal curia there is to be appointed by the patriarch a priest or deacon above all reproach, who as patriarchal chancellor presides over the patriarchal chancery and the archives of the patriarchal curia, assisted, if the case warrants it, by an assistant chancellor appointed by the patriarch.
§ 2. Apart from the chancellor and the assistant chancellor, who are notaries ex-officio, the patriarch can appoint other notaries for the entire Church over which he presides, for all of whom cann. 253 – 254 are to be applied; he can also freely remove these notaries from office.
§ 3. Concerning the archives of the patriarchal curia, cann. 256 – 260 are to be observed.
The liturgical commission, which every patriarchal Church must have, and other commissions prescribed for the Church sui iuris, are to erected by the patriarch and are made up of persons appointed by the patriarch; they also are governed by norms established by him, unless the law provides otherwise.
The expenses of the patriarchal curia are paid from the goods which the patriarch can use for this purpose; if this is not sufficient, the individual eparchies shall share in paying the expenses according to the measure to be determined by the synod of bishops of the patriarchal Church.
CHAPTER V.
THE VACANT OR IMPEDED PATRIARCHAL SEE
§ 1. The patriarchal see becomes vacant at the death or resignation of the patriarch.
§ 2. The synod of bishops of the patriarchal Church is competent to accept the resignation of the patriarch, having consulted with the Roman Pontiff, unless the patriarch approaches the Roman Pontiff directly.
Unless particular law determines otherwise, during a vacancy of the patriarchal see, the administrator of the patriarchal Church is the senior bishop according to episcopal ordination among the bishops of the patriarchal curia or, if there are not any, among the bishops who are members of the permanent synod.
It is for the administrator of the patriarchal Church:
1° to inform immediately the Roman Pontiff and all the bishops of the patriarchal Church of the vacancy of the patriarchal see;
2° to carry out accurately and to see that others carry out the special norms prescribed by common or particular law, or by an instruction of the Roman Pontiff, if one is given, for the various circumstances which occur during the vacancy of the patriarchal see;
3° to convoke the bishops to the synod of bishops of the patriarchal Church for the election of a patriarch and to prepare all other things necessary for the synod.
The administrator of the patriarchal Church in the eparchy of the patriarch, in stauropegial monasteries and in those places where neither an eparchy nor an exarchy is erected, has the same rights and obligations as the administrator of a vacant eparchy.
§ 1. The ordinary power of the patriarch passes to the administrator of the patriarchal Church, except in all those matters which cannot be done without the consent of the synod of bishops of the patriarchal Church.
§ 2. The administrator of the patriarchal Church cannot remove from office the protosyncellus or the syncellus of the eparchy of the patriarch nor innovate anything during the vacancy of the patriarchal see.
§ 3. Even though he lacks the prerogatives of a patriarch, the administrator of the patriarchal Church precedes all bishops of the same Church, not however in the synod of bishops of the patriarchal Church to elect the patriarch.
The administrator of the patriarchal Church must account for his administration to the new patriarch as soon as possible.
§ 1. When for whatever reason a patriarchal see is so impeded that the patriarch cannot communicate even by letter with the eparchial bishops of the Church over which he presides, the governance of the patriarchal Church rests according to the norm of can. 130 with the eparchial bishop within the territorial boundaries of the same Church who is the senior most by ordination and is not himself impeded, unless the patriarch has designated another bishop or, in case of extreme necessity, even a presbyter.
§ 2. When a patriarch is so impeded that he cannot communicate even by letter with the Christian faithful of his eparchy, the governance of his eparchy rests with the protosyncellus; if the latter too is impeded, it rests with the one designated by the patriarch or by the one who governs the patriarchal Church in the interim.
§ 3. He who takes up the interim governance is to inform the Roman Pontiff as soon as possible about how the patriarchal see is impeded and how he assumed the governance.
CHAPTER VI.
METROPOLITANS OF THE PATRIARCHAL CHURCH
§ 1. A metropolitan who presides over a province within the territorial boundaries of a patriarchal Church, has besides what is granted to him by common law the competence in the eparchies of the said province:
1° to ordain and enthrone bishops of his province within the time determined by law with due regard for can. 86, § 1, n. 2;
2° to convoke the metropolitan synod at the times fixed by the synod of bishops of the patriarchal Church, to prepare in good time the topics to be discussed in it, to preside over the synod, to transfer, prorogue, suspend or dissolve it;
3° to erect the metropolitan tribunal;
4° to watch over the accurate observance of faith and ecclesiastical discipline;
5° to conduct a canonical visitation, if the eparchial bishop neglected it;
6° to appoint or confirm a person who has been lawfully proposed for or elected to an office, if the eparchial bishop, though not prevented by a just impediment, has failed to do so within the time fixed by law; also, to appoint the eparchial financial administrator if the eparchial bishop, though warned, has neglected to appoint one.
§ 2. In all juridical matters of the province the metropolitan acts in its person.
§ 1. The dignity of the metropolitan is always attached to a particular eparchial see.
§ 2. The metropolitan in his own eparchy has the same rights and obligations as an eparchial bishop.
The metropolitan is to be commemorated by all bishops and other clerics in the Divine Liturgy and in the Liturgy of the Hours according to the prescriptions of the liturgical books.
A metropolitan who presides over a province precedes everywhere a titular metropolitan.
The synod of bishops of the patriarchal Church is to define more precisely the rights and obligations of metropolitans and of the metropolitan synods according to the legitimate customs of its own patriarchal Church and also the circumstances of time and place.
The rights and obligations of a metropolitan constituted outside the territorial boundaries of the patriarchal Church are the same as those prescribed in can. 133, § 1, nn. 2 – 6 and § 2 as well as in cann. 135, 136, 160, 1084, § 3; concerning other rights and obligations, the metropolitan is to observe the special norms proposed by the synod of bishops of the patriarchal Church and approved by the Apostolic See or established by the same See.
The eparchial bishop who exercises his power outside the territorial boundaries of the patriarchal Church and does not belong to a province, should designate a certain metropolitan, having consulted with the patriarch and with the approval of the Apostolic See; to this metropolitan belong the rights and obligations mentioned in can. 133, § 1, nn. 3 – 6.
CHAPTER VII.
THE PATRIARCHAL ASSEMBLY
The patriarchal assembly is a consultative body of the whole Church presided over by the patriarch. It lends its help to the patriarch and to the synod of bishops of the patriarchal Church in dealing with matters of major importance especially to suit the various kinds of apostolate and their methods as well as ecclesiastical discipline to the ever changing situations of the times and to the common good of the respective Church but also taking into account the common good of the entire territory where there are several Churches sui iuris.
The patriarchal assembly is to be convoked at least every five years and whenever the patriarch with the consent of the permanent synod or the synod of bishops of the patriarchal Church considers it useful.
§ 1. It is for the patriarch to convoke the patriarchal assembly, preside over it, transfer, prorogue, suspend and dissolve it. The patriarch is to appoint a vice-president, who presides over the assembly in the absence of the patriarch.
§ 2. If the patriarchal see becomes vacant, the patriarchal assembly is suspended ipso iure until the new patriarch takes a decision on the matter.
§ 1. To the patriarchal assembly are to be convoked:
1° eparchial bishops and other local hierarchs;
2° titular bishops;
3° presidents of monastic confederations, superiors general of institutes of consecrated life and superiors of monasteries sui iuris;
4° rectors of Catholic universities and of ecclesiastical universities as well as deans of faculties of theology and canon law, which are located inside the territorial boundaries of the Church in which the assembly is held;
5° rectors of major seminaries;
6° from each eparchy at least one presbyter enrolled in the same eparchy, especially a parish priest, one from among the religious or members of societies of common life according to the manner of religious, as well as two lay persons, unless the statutes determine a greater number, all of whom are designated in a manner determined by the eparchial bishop and indeed, if it is a case of a member of a religious institute or a member of a society of the common life according to the manner of religious, with the consent of the competent superior.
§ 2. All who are to be convoked to the patriarchal assembly must attend it unless they are detained by a just impediment, of which they are obliged to inform the patriarch; however, eparchial bishops can send a proxy.
§ 3. Persons of another Church sui iuris can be invited to the patriarchal assembly and can take part in it according to the norm of the statutes.
§ 4. To the patriarchal assembly can also be invited some observers from other Churches or non-Catholic ecclesial communities.
§ 1. With due regard for the right of any of the Christian faithful to propose topics to the hierarchs, it is only for the patriarch or the synod of bishops of the patriarchal Church to determine the subjects to be discussed in the patriarchal assembly.
§ 2. It is for the patriarch to see to it that through the services of suitable pre-assembly commissions and consultations, all the topics are properly studied and sent to the members of the assembly in good time.
The patriarchal assembly is to have its own statutes, which should contain the norms necessary for attaining the purpose of the assembly. The statutes need the approbation of the synod of bishops of the patriarchal Church.
CHAPTER VIII.
THE TERRITORY OF A PATRIARCHAL CHURCH AND THE POWER OF THE PATRIARCH AND SYNODS OUTSIDE THIS TERRITORY
§ 1. The territory of the Church over which the patriarch presides extends over those regions in which the rite proper to that Church is observed and the patriarch has a lawfully acquired right to erect provinces, eparchies and exarchies.
§ 2. If any doubt concerning the territorial boundaries of the patriarchal Church arises, or if it is a question of the modification of its boundaries, it is for the synod of bishops of the patriarchal Church to investigate the matter. After hearing the superior administrative authority of each Church sui iuris concerned, and after discussing the matter in the synod, it is up to the same synod to present a suitably documented petition for the resolution of the doubt or for the modification of the boundaries to the Roman Pontiff. It is only for the Roman Pontiff to resolve the doubt authentically or to decree the modification of the boundaries.
Inside the territorial boundaries of the patriarchal Church, the power of the patriarch and of the synods is exercised not only over all Christian faithful who are enrolled in that Church, but also on others who do not have a local hierarch of their own Church sui iuris constituted in the same territory and, even if they remain ascribed to their own Church, are committed to the care of local hierarchs of that patriarchal Church with due regard for can. 916,§5.
§ 1. It is the right and the obligation of the patriarch to seek appropriate information concerning the Christian faithful who reside outside the territorial boundaries of the Church over which he presides even through a visitor sent by himself with the consent of the Apostolic See.
§ 2. The visitor, before he begins his function, is to go to the eparchial bishop of those faithful and present his letter of appointment.
§ 3. When the visitation is completed, the visitor is to send a report to the patriarch, who, after discussing the matter in the synod of bishops of the patriarchal Church, can propose suitable measures to the Apostolic See, with a view to providing everywhere in the world for the protection and enhancement of the spiritual good of the Christian faithful of the Church over which he presides, even through the erection of parishes and exarchies or eparchies of their own.
To fill the office of eparchial bishop, coadjutor bishop or auxiliary bishop outside the territorial boundaries of the patriarchal Church, the synod of bishops of the patriarchal Church elects, according to the norms of the canons on the election of bishops, at least three candidates and proposes them through the patriarch to the Roman Pontiff for appointment. Secrecy is to be observed, even toward the candidates, by all who in any way know the outcome of the election.
§ 1. Bishops constituted outside the territorial boundaries of the patriarchal Church have all the synodal rights and obligations of the other bishops of the same Church with due regard for can. 102, § 2.
§ 2. Laws enacted by the synod of bishops of the patriarchal Church and promulgated by the patriarch have the force of law everywhere in the world, if they are liturgical laws; if they are disciplinary laws, or if other decisions of the synod are in question, they have the force of law (iuris) within the territorial boundaries of the patriarchal Church.
§ 3. Eparchial bishops constituted outside the territorial boundaries of the patriarchal Church, who desire to do so, may give force of law to the disciplinary laws and other decisions of the synod in their own eparchies, provided they do not exceed their competence; if however these laws or decisions are approved by the Apostolic See, they have the force of law everywhere in the world.
TITLE V.
MAJOR ARCHIEPISCOPAL CHURCHES
A major archbishop is the metropolitan of a see determined or recognized by the Supreme authority of the Church, who presides over an entire Eastern Church sui iuris that is not distinguished with the patriarchal title.
What is stated in common law concerning patriarchal Churches or patriarchs is understood to be applicable to major archiepiscopal Churches or major archbishops, unless the common law expressly provides otherwise or it is evident from the nature of the matter.
§ 1. A major archbishop is elected according to the norm of cann. 63 – 74.
§ 2. After the election has been accepted by the person elected, the synod of bishops of the major archiepiscopal Church must inform the Roman Pontiff with a synodal letter about the canonical conduct of the election. And the person who has been elected must, with a letter signed in his own hand, petition the confirmation of his election by the Roman Pontiff.
§ 3. After the confirmation has been obtained, the person elected must, in the presence of the synod of bishops of the major archiepiscopal Church, make a profession of faith and promise to fulfill his office faithfully; afterwards his proclamation and enthronement are to take place. If, however, the one who has been elected is not yet an ordained bishop, the enthronement cannot be done validly before he receives episcopal ordination.
§ 4. If, however, the confirmation is denied, a new election is to be conducted within the time fixed by the Roman Pontiff.
Major archbishops have the precedence of honour immediately after patriarchs according to the order in which the Church over which they preside was erected as a major archiepiscopal Church.
TITLE VI.
METROPOLITAN CHURCHES SUI IURIS
§ 1. A metropolitan Church sui iuris is presided over by the metropolitan of a determined see who has been appointed by the Roman Pontiff and is assisted by a council of hierarchs according to the norm of law.
§ 2. It is solely up to the Supreme authority of the Church to erect, modify, and suppress metropolitan Churches sui iuris as well as to define their territorial boundaries.
§ 1. The pallium is a symbol of metropolitan power and of the full communion of the metropolitan Church sui iuris with the Roman Pontiff. The metropolitan is bound by the obligation to request it of the Roman Pontiff within three months from his episcopal ordination or, if he was already ordained bishop, from his enthronement.
§ 2. Prior to the imposition of the pallium, the metropolitan cannot convoke the council of hierarchs or ordain bishops.
§ 1. The power which a metropolitan possesses in accordance with the norm of law over the bishops and other Christian faithful of the metropolitan Church he presides over, is ordinary and proper, but it is personal so that he cannot constitute a vicar for the entire metropolitan Church sui iuris nor can he delegate his power to someone for all cases.
§ 2. The power of the metropolitan and the council of hierarchs is validly exercised only within the territorial boundaries of the metropolitan Church sui iuris.
§ 3. The metropolitan acts in the person of the metropolitan Church sui iuris in all its juridical affairs.
§ 1. The see of the metropolitan Church sui iuris is in the principal city from which the metropolitan who presides over that Church takes his title.
§ 2. In the eparchy entrusted to him the metropolitan has the same rights and obligations as an eparchial bishop.
In the metropolitan Church sui iuris he presides over, besides the competencies he has from common law or the particular law established by the Roman Pontiff, the metropolitan is competent:
1° to ordain and enthrone bishops of the same Church within the time determined by law;
2° to convoke the council of hierarchs according to the norm of law, to prepare properly the topics to be discussed in it, to preside over it, to transfer, prorogue, suspend or dissolve it;
3° to erect the metropolitan tribunal;
4° to be vigilant that the faith and ecclesiastical discipline are accurately observed;
5° to conduct the canonical visitation in eparchies, if the eparchial bishop has neglected to do so;
6° to nominate the administrator of an eparchy in the case mentioned in can. 221, n. 4;
7° to nominate or confirm a person who has been lawfully proposed or elected to an office, if the eparchial bishop, though not prevented by a just impediment, has failed to do so within the time established by law; and also to nominate the eparchial financial administrator if the eparchial bishop, though warned, has neglected to make the nomination;
8° to communicate the acts of the Roman Pontiff to the eparchial bishops and others concerned, unless the Apostolic See has directly provided for it, and to see to the faithful execution of the prescriptions contained in these acts.
In extraordinary matters or those entailing special difficulty, the eparchial bishops are not to fail to hear the metropolitan nor the metropolitan the eparchial bishops.
The metropolitan is to be commemorated after the Roman Pontiff by all the bishops and other clerics in the Divine Liturgy and in the Liturgy of the Hours, according to the prescriptions of the liturgical books.
The metropolitan should commemorate the Roman Pontiff in the Divine Liturgy and in the Liturgy of the Hours as a sign of full communion with him, according to the prescriptions of the liturgical books; he should also see to it that this is done faithfully by all the bishops and the other clerics of the Church over which he presides.
The metropolitan is to have frequent dealings with the Roman Pontiff. The visit he has to make every five years according to the norm of can. 208, § 2, is to be done, as far as possible, together with all the bishops of the metropolitan Church over which he presides.
§ 1. All and only the ordained bishops of the metropolitan Church sui iuris must be called to the council of hierarchs, no matter where they are constituted, except those mentioned in can. 953, § 1 or those who have been punished with the canonical penalties mentioned in cann. 1433 and 1434. Bishops of another Church sui iuris can be invited as guests only, if the majority of the members of the council of hierarchs agrees.
§ 2. Eparchial bishops and coadjutor bishops have deliberative vote in the council of hierarchs; the other bishops of the metropolitan Church sui iuris can have this vote, if this is expressly established in particular law.
§ 1. All bishops lawfully called to the council of hierarchs are bound by a grave obligation to attend it, except those who have already resigned from office.
§ 2. If a bishop deems to be prevented by a just impediment, he is to expose his reasons in writing to the council of hierarchs. It is for the bishops who have a deliberative vote and are present in the designated place at the beginning of the sessions of the council to decide the legitimacy of the impediment.
§ 3. None of the members of the council of hierarchs can send a proxy, nor does any one have several votes.
§ 4. After the council of hierarchs has begun, none of those who have to attend it may leave unless for a just reason approved by the president of the council.
§ 1. Unless particular law requires a higher quorum, any session of the council of hierarchs is canonical and any given balloting is valid if the majority of the bishops who are obliged to attend, is present.
§ 2. The council of hierarchs decides business matters by an absolute majority of those who have deliberative vote and are present.
§ 1. The council of hierarchs can make laws and norms, without prejudice to the canons in which its power to make them is expressly treated, also in those cases in which common law remits the matter to the particular law of a Church sui iuris.
§ 2. The metropolitan is to inform the Apostolic See as soon as possible of the laws and norms enacted by the council of hierarchs. Laws and norms cannot be validly promulgated before he has a written notification from the Apostolic See of the reception of the acts of the council. The metropolitan is to inform the Apostolic See also of other proceedings of the council of hierarchs.
§ 3. The metropolitan is to see to it that the laws of the council of hierarchs are promulgated and its decisions published.
§ 4. Without prejudice to the canons which deal expressly with the administrative acts of the metropolitan who presides over a metropolitan Church sui iuris, it is for him to perform, with the consent of the council of hierarchs, also those administrative acts which are committed by common law to the high administrative authority of a Church sui iuris.
Concerning the appointment of the metropolitan and of the bishops, the council of hierarchs is to compile for each case a list of at least three of the more suitable candidates and to send it to the Apostolic See, observing secrecy even toward the candidates. In order to compile the list, the members of the council of hierarchs, if they deem it advisable, can inquire of some presbyters or other Christian faithful who are outstanding in wisdom for their opinion about the needs of the Church and the special qualities of the candidate for episcopacy.
The council of hierarchs is to take care that the pastoral needs of Christian faithful are provided for. In this matter it can take measures as to what seems opportune to promote the growth of faith, to foster common pastoral action, to regulate the mores, to preserve the respective rite and common ecclesiastical discipline.
The council of hierarchs is to sit at least once a year and whenever required by special circumstances, or business is to be transacted which is reserved to this council by common law, or for which the consent of this council is needed.
The council of hierarchs is to draw up its statutes. In them there are to be provisions about the secretary of the council, the preparatory commissions, the order of procedure as well as other means which are conducive to attain its end efficaciously. The statutes are to be transmitted to the Apostolic See.
An assembly is to be held in the metropolitan Church sui iuris according to the norm of cann. 140 – 145. It is to be convoked at least every five years. What is said in these canons about the patriarch applies also to the metropolitan.
§ 1. During the vacancy of the metropolitan see in the metropolitan Church sui iuris:
1° the administrator of the metropolitan Church sui iuris is the eparchial bishop of the same Church who is senior by episcopal ordination; he is to inform the Roman Pontiff as soon as possible of the vacancy of the metropolitan see;
2° to the administrator of a metropolitan Church sui iuris passes the ordinary power of the metropolitan, excluding all those matters which cannot be done without the consent of the council of hierarchs;
3° during the vacancy of the metropolitan see, no innovation is to be made.
§ 2. In these Churches if the metropolitan see is impeded, what is laid down about an impeded patriarchal see in can. 132, § 1 is to be observed; and what is said there about the patriarch applies to the metropolitan.
§ 3. As regards the vacant or impeded see of the metropolitan\’s eparchy, cann. 221 – 233 are to be observed.
CHAPTER II.
OTHER CHURCHES SUI IURIS
A Church sui iuris which is neither patriarchal nor major archiepiscopal nor metropolitan, is entrusted to a hierarch who presides over it in accordance with the norm of common law and the particular law established by the Roman Pontiff.
These Churches depend immediately on the Apostolic See. The rights and obligations mentioned in can. 159, nn. 3 – 8 are exercised by a hierarch delegated by the Apostolic See.
If common law remits something to particular law or to the superior administrative authority of a Church sui iuris, the competent authority in these Churches is the hierarch who presides over it in accordance with the norm of law; however, he needs the consent of the Apostolic See, unless it is expressly established otherwise.
TITLE VII.
EPARCHIES AND BISHOPS
CHAPTER
BISHOPS
§ 1. An eparchy is a portion of the people of God, which is entrusted to a bishop to be nurtured by him, with the co-operation of the presbyterium, in such a way that adhering to its pastor and gathered by him in the Holy Spirit through the gospel and the Eucharist, it constitutes a particular Church, in which the one, holy, catholic and apostolic Church of Christ truly exists and is operative.
§ 2. In the erection, modification, and suppression of eparchies within the territorial boundaries of a patriarchal Church, can. 85, § 1 is to be observed; in other cases for the erection, modification and suppression of eparchies only the Apostolic See is competent.
The eparchial bishop, to whom the eparchy has been entrusted to be pastured in his own name, governs it as the vicar and legate of Christ. The power, which he exercises personally in the name of Christ, is proper, ordinary, and immediate, although its exercise is ultimately regulated by the Supreme Authority of the Church and can be restricted within certain limits in view of the benefit of the Church or of Christian faithful.
Bishops to whom no eparchy has been entrusted for governing in their own name, are called titular bishops, no matter what other function they exercise or have exercised in the Church.
ART. I.
THE ELECTION OF BISHOPS
For a person to be considered suitable for the episcopate, he must:
1° be outstanding in solid faith, good morals, piety, zeal for souls and prudence;
2° is held in good esteem;
3° not be bound by marriage bond;
4° be at least thirty-five years old;
5° be ordained presbyter for at least five years;
6° hold a doctorate or licentiate in some sacred science or at least be well versed in it.
§ 1. Within the territorial boundaries of the patriarchal Church bishops are designated to a vacant eparchial see or to discharge another function by canonical election according to the norms of cann. 947 – 957, unless otherwise provided by common law.
§ 2. Other bishops are nominated by the Roman Pontiff without prejudice to cann. 149 and 168.
§ 1. Only members of the synod of bishops of the patriarchal Church can propose candidates suitable for the episcopate. It is also for them to collect, according to the norm of particular law, the information and documents that are necessary to demonstrate the suitability of the candidates. In doing so, they may, if they think it opportune, hear secretly and individually, some presbyters or also other Christian faithful outstanding in prudence and Christian life.
§ 2. The bishops are to inform the patriarch of their findings in good time before the convocation of the synod of bishops of the patriarchal Church. The patriarch is to send this dossier to all the members of the synod, adding, if the case suggests so, further information of his own.
§ 3. Unless a particular law approved by the Roman Pontiff states otherwise, the synod of bishops of the patriarchal Church is to examine the names of the candidates and draw up by secret ballot a list of the candidates. This list is to be transmitted through the patriarch to the Apostolic See to obtain the assent of the Roman Pontiff.
§ 4. Once the assent of the Roman Pontiff has been given for the individual candidates, it is valid till it is explicitly revoked, in which case the name of the candidate is to be cancelled from the list.
§ 1. Once the convocation has been done canonically, if, after subtracting those prevented by a lawful impediment, two-thirds of bishops obliged to attend the synod of bishops of the patriarchal Church are present in the designated place, the synod is to be declared canonical, and the election can be proceeded with.
§ 2. The bishops are freely to elect the one whom they consider before the Lord to be worthier and more suitable than all the others.
§ 3. For the election an absolute majority of the votes of those present is required; after three inclusive ballotings, in the fourth balloting votes are cast only between those two candidates who got the greater number of votes in the third balloting.
§ 4. If in the third or fourth balloting, because of a tie vote it is not plain who the candidate is for the new balloting or who has been elected, the tie is resolved in favour of the one who is senior by presbyteral ordination; if no one precedes the others by presbyteral ordination, the one who is senior by age.
§ 1. If the one elected is on the list of candidates, and the Roman Pontiff has already given his assent to it, he is to be intimated secretly by the patriarch of his election.
§ 2. If the one elected accepts the election, the patriarch is immediately to inform the Apostolic See of the acceptance of the election and of the day of proclamation.
§ 1. If the one elected is not one of those on the list of candidates, in order to obtain the assent of the Roman Pontiff the patriarch is immediately to inform the Apostolic See of the election that has been conducted. Secrecy, even toward the one elected, is to be observed by all who in any way know the outcome of the election, till notification about the assent reaches the patriarch.
§ 2. When the assent of the Roman Pontiff has been obtained, the patriarch is to inform in secret the one elected of his election and act according to the norm of can. 184, § 2.
§ 1. If the synod of bishops of the patriarchal Church cannot be convened, the patriarch, after consulting the Apostolic See, is to seek the votes of the bishops by letter. In this case, the patriarch must employ for the validity of the act the services of two bishops as scrutineers, who are to be designated according to the norm of particular law, or, lacking this, by the patriarch with the consent of the permanent synod.
§ 2. The scrutineers are bound to secrecy. They are to open the letters of the bishops, count the votes and along with the patriarch sign a written report about the conduct of the balloting.
§ 3. If in this single balloting one of the candidates obtains an absolute majority of the votes of the members of the synod, he is to be held elected; and the patriarch is to proceed according to the norm of can. 184 or 185. Otherwise, the patriarch is to defer the matter to the Apostolic See.
§ 1. For promoting anyone to the episcopate a canonical provision is necessary, by which he is constituted the eparchial bishop of a particular eparchy or a particular function in the Church is committed to him.
§ 2. Before the episcopal ordination the candidate is to make the profession of faith and promise obedience to the Roman Pontiff and in patriarchal Churches, promise obedience also to the patriarch in those matters in which he is subject to the patriarch according to the norm of law.
§ 1. Unless prevented by a lawful impediment, a person who is to be promoted to the episcopate must receive episcopal ordination within three months from the day of proclamation in case of election, or from the reception of the apostolic letter in case of nomination.
§ 2. The eparchial bishop must take canonical possession of his eparchy within four months from the day of his election or nomination.
§ 1. The eparchial bishop takes canonical possession of the eparchy by the lawfully conducted enthronement itself, at which the apostolic or patriarchal letter of canonical provision is publicly read out.
§ 2. A document is to be drawn up about the conduct of the enthronement; it is to be signed by the eparchial bishop along with the chancellor of the curia and at least two witnesses and is to be kept in the archives of the eparchial curia.
§ 3. Before his enthronement a bishop is not to insinuate himself in the governance of the eparchy either personally or through others or by virtue of any title. But if he has some office in the eparchy he can retain and exercise it.
ART. II.
THE RIGHTS AND OBLIGATIONS OF EPARCHIAL BISHOPS
In all juridical transactions of the eparchy the eparchial bishop acts in the person of the eparchy.
§ 1. The eparchial bishop governs the eparchy entrusted to him with legislative, executive and judicial power.
§ 2. The eparchial bishop personally exercises legislative power; he exercises executive power either personally or through a protosyncellus or syncellus; he exercises judicial power either personally or through a judicial vicar and judges.
§ 1. In the exercise of his pastoral function, the eparchial bishop is to show that he is concerned for all the Christian faithful who are committed to his care, regardless of age, condition, nation or Church sui iuris, both those who live within the territory of his eparchy and those who are staying in it temporarily; he is to extend his apostolic spirit also to those who cannot sufficiently make use of ordinarily pastoral care due to their condition in life as well as to those who no longer practise their religion.
§ 2. In a special way the eparchial bishop is to see that all Christian faithful committed to his care foster unity among Christians according to principles approved by the Church.
§ 3. The eparchial bishop is to consider the non-baptised as being committed to him in the Lord and see that the love of Christ shines upon them from the witness of the Christian faithful living in ecclesiastical communion.
§ 4. The eparchial bishop is to have special concern for the presbyters, he is to listen to them as his helpers and advisers, safeguard their rights and ensure that they fulfil the obligations proper to their state. He is to see that means and institutions they need to foster their spiritual and intellectual life are available to them.
§ 5. The eparchial bishop is to see to it that provisions are made according to the norm of law for the clerics and, if they are married, for their families, in the matter of suitable means of livelihood, of suitable insurance and social security as well as health welfare.
§ 1. The eparchial bishop to whose care the Christian faithful of another Church sui iuris have been committed is bound by the serious obligation of providing everything so that these Christian faithful retain the rite of their respective Church, cherish and observe it as far as possible.He is also to ensure that they foster relations with the superior authority of their Church.
§ 2. The eparchial bishop is to provide for the spiritual needs of these Christian faithful, if possible through presbyters or parish priests of the same Church sui iuris as the Christian faithful or even through a syncellus constituted for the care of these Christian faithful.
§ 3. Eparchial bishops who appoint such presbyters, parish priests or syncelli for the care of the Christian faithful of the patriarchal Churches, are to draw up schemes in consultation with the respective patriarchs. If these agree, they are to act on their own authority and inform the Apostolic See as soon as possible; should the patriarchs disagree, for whatever reason, the matter is to be referred to the Apostolic See.
The eparchial bishop can confer dignities upon clerics subject to him, others excluded, according to the norm of the particular law of their own Church sui iris.
The eparchial bishop is to foster to the utmost vocations to the priesthood, to the diaconate, to monastic life as well as to other institutes of consecrated life and to the missions.
§ 1. The eparchial bishop is bound to present and explain to Christian faithful the truths of the faith which are to be believed and applied to the mores; he is himself to preach frequently. He is also to ensure that the prescriptions of the law concerning the ministry of the word of God be carefully observed, especially those about the homily and catechetical formation, so that the whole of Christian doctrine is handed on to all.
§ 2. The eparchial bishop is to safeguard firmly the integrity and unity of faith.
Mindful of the obligation by which he is bound to give an example of holiness in charity, humility and simplicity of life, the eparchial bishop is to seek by all means to promote the holiness of Christian faithful according to the vocation of each. Since he is the principal dispenser of the mysteries of God, he is to strive that the Christian faithful committed to his care grow in grace through the celebration of the sacraments and especially by participation in the Divine Eucharist and that they know the paschal mystery in depth and live it so that they become one Body in the unity of the love of Christ.
The eparchial bishop is to celebrate the Divine Liturgy frequently for the people of the eparchy entrusted to him; he must celebrate on the days prescribed by the particular law of his own Church sui iuris.
§ 1. As the moderator, promoter and guardian of the entire liturgical life in the eparchy committed to him, the eparchial bishop must be vigilant that it be fostered to the utmost and be ordered according to the prescriptions and lawful customs of his own Church sui iuris.
§ 2. The eparchial bishop is to see to it that in his own cathedral church at least part of the Liturgy of the hours is celebrated, even daily, according to the lawful customs of his own Church sui iuris; also, that in all parishes whatever, the Liturgy of the hours is celebrated on Sundays, feast days, principal solemnities and their vigils, to the extent this is possible.
§ 3. The eparchial bishop is to preside frequently at the Liturgy of the hours in the cathedral or other church, especially on holy days of obligation, and on other solemnities in which a sizeable part of the people participate.
It is for the eparchial bishop to celebrate sacred functions in the entire eparchy. These he must conduct solemnly according to the prescriptions of the liturgical books, vested in all pontifical insignia; but he may not do this outside the boundaries of his own eparchy without the consent of the eparchial bishop, either expressly given or at least reasonably presumed.
§ 1. Since he is obliged to safeguard the unity of the entire Church, the eparchial bishop is to promote the common discipline of the Church as well as to urge the observance of all ecclesiastical laws and lawful customs.
§ 2. The eparchial bishop is to be vigilant lest abuses should creep into ecclesiastical discipline, especially concerning the ministry of the word of God, the celebration of the sacraments and sacramentals, the worship of God and the cult of the saints, as well as the execution of pious wills.
The eparchial bishops of several Churches sui iuris exercising their power in the same territory are to ensure that through the exchange of views in periodic meetings they foster unity of action and, by pooling resources, help forward common works the more readily to promote the good of religion and the more effectively to safeguard ecclesiastical discipline.
§ 1. The eparchial bishop is to foster various forms of the apostolate
in the eparchy and see to it that all works of apostolate in the entire eparchy or in its particular districts are co-ordinated under his direction, with due regard for the character of each apostolate.
§ 2. The eparchial bishop is to insist on the obligation by which Christian faithful are bound to exercise some apostolate, each one according to his or her condition and aptitude. He is to exhort them to participate and help in the various works of apostolate, according to the needs of place and time.
§ 3. The eparchial bishop is to promote associations of Christian faithful which directly or indirectly pursue a spiritual end, by establishing, approving, praising or commending them opportunely, according to the norm of the law.
§ 1. The eparchial bishop is bound by the obligation of residing in his own eparchy, even if he has a coadjutor or auxiliary bishop.
§ 2. Apart from such obligations as lawfully require his absence from his eparchy, the eparchial bishop may each year be absent for a just cause for not longer than one month, continuously or with interruptions, provided precautions are taken that the eparchy does not suffer any harm from his absence.
§ 3. On days of more solemn feasts, established by particular law according to the tradition of his own Church sui iuris, the eparchial bishop is not to be absent from his eparchy, except for some grave cause.
§ 4. If an eparchial bishop exercising his power within the territorial boundaries of the patriarchal Church has been unlawfully absent from the eparchy entrusted to him for more than six months, the patriarch is immediately to defer the matter to the Roman Pontiff. In other cases the metropolitan is to do this or, if the metropolitan himself has been unlawfully absent, the eparchial bishop who is senior by episcopal ordination and subject to that metropolitan.
§ 1. The eparchial bishop is bound by the obligation of canonically visiting his eparchy either in whole or in part each year so that at least every five years he will have visited the entire eparchy either personally or, if he is lawfully impeded, through the coadjutor bishop or an auxiliary bishop, the protosyncellus or syncellus, or some other presbyter.
§ 2. Persons, Catholic institutions, sacred things and places within the boundaries of the eparchy are subject to the canonical visitation of the eparchial bishop.
§ 3. The eparchial bishop can visit members of religious institutes as well as those of societies of common life in the manner of the religious who are of pontifical or patriarchal law and their houses only in the cases expressed in law.
§ 1. Every five years the eparchial bishop exercising his power within the territorial boundaries of a patriarchal Church is obliged to submit to the patriarch a report on the state of the eparchy entrusted to him, according to the manner determined by the synod of bishops of the patriarchal Church. The bishop is to send a copy of the report to the Apostolic See as soon as possible.
§ 2. Other eparchial bishops must submit the same report to the Apostolic See every five years, and, in case of bishops of a patriarchal Church or metropolitan Church sui iuris, they are to send a copy of the report to the patriarch or metropolitan as soon as possible.
On the occasion of the quinquennial report, the eparchial bishop of whatever Church sui iuris, even of the Latin Church, is to inform the Apostolic See about the state and the needs of those Christian faithful who, even if ascribed to another Church sui iuris, are entrusted to his care.
§ 1. Within five years of his enthronement an eparchial bishop exercising power within the territorial boundaries of a patriarchal Church is to visit
§ 2. Other eparchial bishops are to visit
§ 1. As a sign of full communion with him the eparchial bishop must commemorate in the first place the Roman Pontiff in the Divine Liturgy and in the Liturgy of the hours, according to the prescriptions of the liturgical books; and he is to see to it that this is faithfully done by the other clerics of the eparchy.
§ 2. The eparchial bishop must be commemorated by all clerics in the Divine Liturgy and in the Liturgy of the hours, according to the prescriptions of the liturgical books.
§ 1. An eparchial bishop who has completed his seventy-fifth year of age or who, due to ill health or some other grave reason, has become unsuited to fulfil his office, is requested to offer his resignation from office.
§ 2. This resignation from office by the eparchial bishop is to be offered to the patriarch in case of an eparchial bishop exercising power within the territorial boundaries of a patriarchal Church; in other cases, it is to be offered to the Roman Pontiff; besides, if the bishop belongs to a patriarchal Church, it is to be notified to the patriarch as soon as possible.
§ 3. To accept this resignation the patriarch needs the consent of the permanent synod, unless a request for resignation was made previously by the synod of bishops of the patriarchal Church.
§ 1. An eparchial bishop whose resignation from office has been accepted, acquires the tittle bishop emeritus of the eparchy he governed. He can continue to have a residence in the same eparchy, unless in certain cases owing to special circumstances it is provided otherwise by the Apostolic See or, if it has to do with an eparchy within the territorial boundaries of a patriarchal Church, by the patriarch with the consent of the synod of bishops of the patriarchal Church.
§ 2. The synod of bishops of the patriarchal Church or council of hierarchs must see to it that provision is made for the suitable and worthy upkeep of the bishop emeritus, bearing in mind the primary obligation which falls on the eparchy he served.
ART. III.
COADJUTOR BISHOPS AND AUXILIARY BISHOPS
§ 1. If the pastoral needs of the eparchy suggest it, one or more auxiliary bishops are to be appointed at the request of the eparchial bishop.
§ 2. In more serious circumstances, even of a personal nature, a coadjutor bishop can be appointed ex-officio with the right of succession and endowed with special powers.
§ 1. Besides the rights and obligations which are established in common law, a coadjutor bishop has also those which are determined in the letter of canonical provision.
§ 2. The rights and obligations of a coadjutor bishop appointed by the patriarch are determined by the patriarch himself, after consulting the permanent synod; but in the case of a coadjutor bishop who is to be endowed with all the rights and obligations of the eparchial bishop, the consent of the synod of bishops of the patriarchal Church is required.
§ 3. The rights and obligations of an auxiliary bishop are those which are established by common law.
§ 1. In order to take canonical possession of their office, the coadjutor bishop and the auxiliary bishop must show the letter of canonical provision to the eparchial bishop.
§ 2. The coadjutor bishop must show the letter of canonical provision also to the college of eparchial consultors.
§ 3. If the eparchial bishop is wholly impeded, it is enough that the coadjutor bishop and the auxiliary bishop show the letter of canonical provision to the college of eparchial consultors.
§ 4. The chancellor must be present when the letter of canonical provision is shown and is to make a record of the event.
§ 1. The coadjutor bishop takes the place of the eparchial bishop when he is absent or is impeded. He must be appointed protosyncellus. The eparchial bishop is to commit to him, in preference to others, those things which by law require a special mandate.
§ 2. Without prejudice to the prescription of § 1, the eparchial bishop is to appoint the auxiliary bishop as protosyncellus. If, however, there are several, he is to appoint one of them protosyncellus and others syncelli.
§ 3. In assessing matters of great importance, especially those of a pastoral nature, the eparchial bishop is to consult the auxiliary bishops in preference to others.
§ 4. The coadjutor bishop and the auxiliary bishop, in as much as they are called to share in the cares of the eparchial bishop, are so to exercise their office that in all matters they act in unanimous agreement with him.
§ 1. The coadjutor bishop and the auxiliary bishop who are not lawfully prevented by an impediment must, whenever requested by the eparchial bishop, carry out those functions which it is the duty of the eparchial bishop himself to perform.
§ 2. The eparchial bishop is not to commit to others habitually those Episcopal rights and functions which the coadjutor bishop and the auxiliary bishop can and are willing to exercise.
The coadjutor bishop and the auxiliary bishop are bound by the obligation of residing in the eparchy. They are not to be away from it for longer than a brief period except to fulfil some function outside the eparchy or for holidays, which are not to last more than a month.
Regarding resignation from office by the coadjutor bishop or the auxiliary bishop, cann. 210 and 211 § 2 are to be applied. These bishops are given the title of emeriti of the office they previously held.
ART. IV.
THE VACANT OR IMPEDED EPARCHIAL SEE
The eparchial see becomes vacant by the death of the eparchial bishop, by his resignation, transfer or privation of office.
Concerning vacant eparchial sees within the territorial boundaries of a patriarchal Church, without prejudice to cann. 222, and 223, the following norms are to be observed besides cann. 225 – 232:
1° the patriarch is to inform the Apostolic See as soon as possible of the vacancy of the eparchial see;
2° till the appointment of an administrator of the eparchy, the ordinary power of the eparchial bishop transfers to the patriarch, unless otherwise provided by the particular law of the patriarchal Church or by the Roman Pontiff;
3° it is for the patriarch to appoint an administrator of the eparchy within a month of usable time from the reception of notice of the vacancy of the eparchial see, after consulting the bishops of the patriarchal curia, if there are any, otherwise after consulting the permanent synod. If a month goes by without this being done, the appointment of the administrator devolves to the Apostolic See;
4° the administrator of the eparchy with the profession of faith made before the patriarch obtains his power, but is not to exercise it without taking canonical possession of the office by showing the letter of his appointment to the college of eparchial consultors;
5° it is for the patriarch to ensure that a worthy and suitable eparchial bishop is assigned to the vacant eparchial see as soon as possible, not later than the deadline established by common law.
Excepting the vacant eparchial sees mentioned in can. 220, in other cases of a vacancy of the eparchial see, without prejudice to cann. 222 and 223, the following norms are to be observed besides cann. 225 – 232.
1° the metropolitan, or otherwise he who presides over the college of eparchial consultors according to the norm of can. 271, § 5, is to inform the Apostolic See as soon as possible of the vacancy of the eparchial and, in case of an eparchy of a patriarchal Church, also the patriarch;
2° unless otherwise provided by the Apostolic See, till the appointment of an administrator the governance of the eparchy transfers to the auxiliary bishop; if there are several auxiliary bishops, to the senior by Episcopal ordination; if there is no auxiliary bishop, to the college of eparchial consultors. The aforementioned govern the eparchy in the interim with the power which common law accords to a protosyncellus;
3° the college of eparchial consultors must elect an administrator of the eparchy within eight days from the reception of the news of the vacancy of the eparchial see; for the validity of the election an absolute majority of the votes of the members of the college is required;
4° if within eight days the administrator of the eparchy has not been elected, or if the one elected lacks the conditions required in can. 227, § 2 for the validity of the election, the appointment of the administrator of the eparchy devolves to the metropolitan or, if there is no metropolitan or he is impeded, to the Apostolic See;
5° the administrator of the eparchy once elected or appointed obtains immediately his power; he does not need any confirmation. As soon as possible he is to inform the Apostolic See of his election or of his appointment by the metropolitan and, if he belongs to patriarchal Church, also the patriarch.
At the vacancy of the eparchial see, provided he has already taken canonical possession of his office, the coadjutor bishop becomes ipso iure the administrator of the eparchy till his enthronement as the eparchial bishop.
In the case of transfer to another eparchial see, the eparchial bishop must take canonical possession of the new eparchy within two months from the notification of the transfer. In the interim, in the former eparchy:
1° he has the rights and obligations of the administrator of the eparchy;
2° he retains the honorific privileges of eparchial bishops;
3° he continues to receive the entire income of the previous office.
§ 1. At the vacancy of the eparchial see, the protosyncellus and the syncelli immediately cease from office unless they are:
1° ordained bishops;
2° constituted in the eparchy of a patriarch;
3° constituted in an eparchy within the territorial boundaries of a patriarchal Church, until the administrator of the eparchy takes canonical possession of his office.
§ 2. Actions lawfully taken until they have received certain notice of the vacancy of the eparchial see by those protosyncellus and syncelli who cease from office immediately at the vacancy of the eparchial see, have legal force.
§ 3. During the vacancy of the eparchial see the auxiliary bishop retains the powers which are granted him by law and which he had as protosyncellus or syncellus when the see was occupied. These powers are to be exercised under the authority of the administrator of the eparchy. Exceptions may be determined by the Apostolic See or by the particular law of his patriarchal Church.
§ 1. Only one single administrator of the eparchy is elected or appointed, any contrary custom being reprobated.
§ 2. If the financial administrator of the eparchy becomes administrator of the eparchy, another financial administrator is to be elected for the interim by the finance council.
In constituting the administrator of an eparchy neither the patriarch nor the college of eparchial consultors can keep back for themselves a part of his power nor determine a time limit for holding his office nor preordain any other restrictions.
§ 1. The administrator of an eparchy should be a person who is outstanding in integrity, piety, sound doctrine and prudence.
§ 2. To be validly elected or nominated to the office of administrator of the eparchy, one should be a bishop or a presbyter who is not bound by the bond of matrimony, who has completed thirty-five years of age and who has not already been elected, nominated or transferred to the same vacant see. If these conditions have been neglected, the acts of the one elected or nominated as administrator of the eparchy are ipso iure null.
§ 1. When the see is vacant no innovation is to be made.
§ 2. Those who have the interim governance of the eparchy are forbidden to do anything which could be prejudicial to the eparchy or to the rights of the bishop. they as well as all others are specifically forbidden to remove, destroy or alter any documents of the eparchial curia either personally or through another.
The administrator of the eparchy has the same rights and obligations as the eparchial bishop, unless the law provides otherwise or it is evident from the nature of the matter.
Unless otherwise lawfully provided:
1° the administrator of the eparchy has the right to a just remuneration, which is to be established by particular law or is determined by lawful custom and which must be drawn from the goods of the eparchy;
2° the other emoluments due to the eparchial bishop during the vacancy of the eparchial see are to be reserved to the future eparchial bishop for the needs of the eparchy, observing the prescriptions of the particular law which determine the manner in which the emoluments must be spent.
§ 1. The resignation of the administrator of an eparchy is to be made to the patriarch if he designated the administrator, otherwise to the college of eparchial consultors, in which case it is not necessary that it accept the resignation for it to be valid.
§ 2. The removal of an administrator of an eparchy inside the territorial boundaries of a patriarchal Church is the competency of the patriarch with the consent of the permanent synod, otherwise, it is reserved to the Apostolic See.
§ 3. After the death, resignation or removal of the administrator of the eparchy, a new one is to be constituted by the same authority and in the same manner as prescribed for the previous one.
§ 4. The administrator of an eparchy ceases from his office once the new eparchial bishop has taken canonical possession of the eparchy. The new eparchial bishop can require an account of his administration.
§ 1. During the vacancy of the eparchial see the eparchial financial administrator is to discharge his office under the authority of the administrator
of the eparchy. The administration of the ecclesiastical goods, which on account of the vacancy of the eparchial see do not have an administrator, devolves upon him, unless the patriarch or the college of eparchial consultors has provided otherwise.
§2. For the resignation or removal of the eparchial finance administrator during the vacancy of the eparchial see, can. 231, §§1 and 2 is to be observed.
§3. Within the territorial boundaries of the patriarchal Church, if the right of the eparchial financial administrator comes to an end in whatever manner, the election or appointment of a new financial administrator pertains to the patriarch after having consulted the bishops of the patriarchal curia, if there are any, otherwise, having consulted the permanent synod. In other
cases, the financial administrator is elected by the college of eparchial consultors.
§ 4. The eparchial financial administrator must give an account of his administration
to the new eparchial bishop; once he has done it, he ceases from office unless he is confirmed in office by the bishop.
§1. If the eparchial see is so impeded by the imprisonment, banishment, exile or incapacity of the eparchial bishop, that he is unable to communicate even by letter with the Christian faithful committed to him, the governance of the eparchy is the responsibility of the coadjutor bishop, unless otherwiseprovided by the patriarch with the consent of the permanent synod in eparchies located within the territorial boundaries of the Church over which he presides or by the Apostolic See. If there is no coadjutor bishop, or if he is impeded, it is the responsibility of the protosyncellus or syncellus or another suitable priest designated by the eparchial bishop. This priest has ipso iure the rights and obligations of a protosyncellus. At a suitable time the eparchial bishop can designate several to succeed one another in office.
§ 2. If there are none of the aforesaid or they are impeded from assuming the governance of the eparchy, it is for the college of eparchial consultors to elect a priest who is to govern the eparchy.
§ 3. The person who undertakes the governance of an eparchy within the territorial boundaries of a patriarchal Church is to inform the patriarch as soon as possible that the eparchial see is impeded and that he has assumed office.In other cases the person is to inform the Apostolic See and, if he belongs to a patriarchal Church, also the patriarch.
ART. V.
APOSTOLIC ADMINISTRATORS
§ 1. Sometimes for grave and special reasons the Roman Pontiff commits the governance of an eparchy, whether the eparchial see is occupied or vacant, to an apostolic administrator.
§ 2. The rights, obligations and privileges of the apostolic administrator are gathered from the letter of his nomination.
CHAPTER II.
ORGANS ASSISTING THE EPARCHIAL BISHOP IN THE GOVERNANCE OF THE EPARCHY
ART. I.
THE EPARCHIAL ASSEMBLY
The eparchial assembly assists the eparchial bishop in matters which regard the special needs of the eparchy or its benefits.
The eparchial assembly is to be convoked as often as this is suggested by circumstances, according to the eparchial bishop\’s judgement, formed after he has consulted the presbyteral council.
§ 1. It is for the eparchial bishop to convoke the eparchial assembly, to preside over it personally or through another, to transfer, prorogue, suspend, or dissolve it.
§ 2. If the eparchial see becomes vacant, the eparchial assembly is ipso iure suspended until the new eparchial bishop decides the matter.
§ 1. The following should be convoked to the eparchial assembly and they must attend it:
1° the coadjutor bishop and the auxiliary bishops;
2° the protosyncellus, syncelli, judicial vicar and the eparchial financial administrator;
3° the eparchial consultors;
4° the rector of the eparchial major seminary;
5° the protopresbyters;
6° at least one parish priest from each district, to be elected by all of those who have actually the care of souls there, with the protopresbyter presiding over the election; another presbyter is also to be elected to substitute him if he is impeded;
7° the members of the presbyteral council and some delegates of the pastoral council, if it exists, elected by the same council following the manner and number established by particular law;
8° some deacons elected according to the norms of particular law;
9° superiors of monasteries sui iuris and some superiors of other institutes of consecrated life which have a house in the eparchy, to be elected according to the manner and number established by particular law;
10° lay people elected by the pastoral council, if it exists, or elected in some other manner determined by the eparchial bishop so that the number of lay people does not exceed one-third of the members of the eparchial assembly.
Those who have to attend the eparchial assembly cannot send a proxy to attend the eparchial assembly in their place, even if they are lawfully prevented by an impediment, but they are to inform the eparchial bishop of the impediment.
§ 1. Without prejudice to the right of any of the Christian faithful to suggest the subjects to be dealt with at the eparchial assembly, it is only for the eparchial bishop to determine the topics to be dealt with in this assembly.
§ 2. The eparchial bishop is to appoint in good time one or several commissions to prepare the topics to be dealt with in the assembly.
§ 3. The eparchial bishop is also to see to it that all who have been convoked to the assembly are given in good time the schema of the topics to be dealt with.
§ 4. All the subjects proposed to the eparchial assembly are to be submitted to free discussion during its sessions.
The eparchial bishop is the sole legislator in the eparchial assembly; the others have only a consultative vote. He alone signs whatever decisions have been taken in the eparchial assembly. If they are promulgated in the same assembly, they begin to oblige immediately, unless expressly provided otherwise.
The eparchial bishop is to communicate the text of the laws, declarations and decrees which have been issued at the eparchial assembly to the authority which the particular law of his Church sui iuris has determined.
ART. II.
THE EPARCHIAL CURIA
§1. The eparchial bishop must have at his see an eparchial curia, which assists him in the governance of the eparchy committed to him.
§ 2. To the eparchial curia belong the protosyncellus, syncelli, judicial vicar, eparchial financial administrator and the council for financial affairs, chancellor, eparchial judges, promoter of justice and defender of the bond, notaries and other persons assumed by the eparchial bishop to discharge properly the offices of the eparchial curia.
§ 3. For the needs or the benefit of the eparchy the eparchial bishop can set up other offices too in the eparchial curia.
§ 1. The appointment and removal from office of those who exercise an office in the eparchial curia belongs to the eparchial bishop.
§ 2. All who are admitted to an office in the eparchial curia must:
1° make a promise to carry out the office faithfully in the manner determined by the law or by the eparchial bishop;
2° observe secrecy within the limits and according to the manner determined by the eparchial bishop.
1° THE PROTOSYNCELLUS AND THE SYNCELLI
In each eparchy a protosyncellus is to be appointed who, endowed with ordinary vicarious power according to the norm of common law, assists the eparchial bishop in governing the whole eparchy.
As often as the good governance of the eparchy requires it, one or several syncelli can be appointed, who have ipso iure the same authority as that which is attributed by common law to the protosyncellus but limited to a given section of the eparchy, or to certain kinds of affairs or for the Christian faithful ascribed to another Church sui iuris or a certain group of persons.
§ 1. The protosyncellus and the syncelli are freely appointed by the eparchial bishop and can freely be removed by him, without prejudice to can. 215, §§1 and 2.
§ 2. The protosyncellus and the syncelli are to be celibate presbyters, unless the particular law of their Church sui iuris has established otherwise; if possible, they should be from the clergy ascribed to the eparchy; they are to be not less than thirty years of age, have a doctorate or licentiate in some sacred science or at least be an expert in it; be commendable for sound doctrine, uprightness, prudence and practical experience.
§3. The office of protosyncellus or syncellus is not to be conferred on the blood relatives of the eparchial bishop up to the fourth degree inclusively.
§4. The eparchial bishop can take the protosyncellus or syncelli also from another eparchy, or from another Church sui iuris, but with the consent of their eparchial bishop.
§ 1. Unless it is expressly provided otherwise by common law, the protosyncellus throughout the whole eparchy and the syncelli within the limits of the office conferred on them have the same executive power of governance as the eparchial bishop, excepting those things which the eparchial bishop has reserved to himself or to others or which by law require his own special mandate, so that if this mandate is not obtained, the act for which the mandate is required will be null.
§ 2. Within the limits of their competence the protosyncellus and the syncelli have also those habitual faculties which the Apostolic See has granted to the eparchial bishop; they can also execute the rescripts of the Apostolic See or of the patriarch, unless it has been expressly provided otherwise or unless the execution was entrusted to the bishop on personal considerations.
The protosyncellus and the syncelli must give a report to the eparchial bishop concerning the more important matters, whether to be attended to or already dealt with. They are never to act against his will and mind.
During their term of office the protosyncellus and the syncelli who are presbyters have the privileges and insignia of the dignity next to that of the bishop.
§ 1. The protosyncellus and the syncelli cease from office with the expiry of the determined period, by resignation accepted by the eparchial bishop, or by removal.
§ 2. During the vacancy of the eparchial see, can. 224 is to be observed concerning the protosyncellus and the syncelli.
§ 3. With the suspension of the office of the eparchial bishop, the power of the protosyncellus and the syncelli is suspended, unless they are ordained bishops.
2° THE CHANCELLOR, OTHER NOTARIES AND THE ARCHIVES OF THE EPARCHIAL CURIA
Can 252
§ 1. In the eparchial curia a chancellor is to be appointed who is to be a presbyter or deacon. His principal obligation, unless established otherwise by particular law, is to see that the acts of the curia are drawn up and dispatched, and that they are filed safe in the archives of the eparchial curia.
§ 2. If it is deemed necessary, the chancellor may be given an assistant, who is to be called vice-chancellor.
§ 3. The chancellor as well as the vice-chancellor are ipso iure notaries of the eparchial curia.
§1. Besides the chancellor other notaries may be appointed whose signature authenticates public documents whether in respect of all acts, or for judicial acts alone, or only for acts of a certain issue or business.
§ 2. Notaries are to be of unblemished reputation and above all suspicion. In cases which could involve the reputation of a cleric the notary must be a priest.
It is for the notary to:
1° write the acts and documents concerning decrees, arrangements, obligations or other matters which require their intervention;
2° put faithfully into writing what is done and to sign the respective acts noting the place, the day, the month and the year;
3° show acts or documents, while observing all that must be observed, to those who lawfully request them, and declare copies made of them to conform to the original.
The chancellor and other notaries can be freely removed from office by the eparchial bishop, but not by the eparchial administrator except with the consent of the college of eparchial consultors.
§ 1. The eparchial bishop is to set up in a safe place the archive of the eparchial curia in which documents pertaining to affairs of the eparchy are to be preserved.
§ 2. With all diligence and care, an inventory is to be drawn up of the documents which are preserved in the archive of the eparchial curia with a brief synopsis of each of the documents.
§ 1. The archive of the eparchial curia is to be locked and the key kept by the eparchial bishop and the chancellor; no one is permitted to enter it without the permission of the eparchial bishop alone or the protosyncellus along with the chancellor.
§ 2. Those concerned have the right to receive, personally or by proxy, an authentic copy of documents which are of their nature public and which concern their own personal status.
It is not permitted to remove documents from the archive of the eparchial curia except for a brief time only and with permission either of the eparchial bishop alone or the protosyncellus along with the chancellor.
§ 1. There is also to be a secret archive in the eparchial curia or at least a secret safe in the archive of the eparchial curia, which is securely closed and locked and which cannot be removed from the place; in it documents to be kept under secrecy are to be kept safe.
§ 2. Each year, the procedural acts for inflicting penalties in matters of morals are to be destroyed whenever the guilty parties have died, or ten years have passed from the end of the case. A brief summary of the facts is to be kept and the text of the definitive sentence or decree.
§ 1. Only the eparchial bishop may have the key to the secret archives or the secret safe.
§ 2. When the eparchial see is vacant the secret archive or secret safe are not to be opened except in a case of true necessity and then by the eparchial administrator himself.
§ 3. Documents are not to be removed from the secret archive or secret safe.
§ 1. The eparchial bishop is to ensure that the acts and documents of the archive of cathedral, parochial and other churches situated within the territorial boundaries of the eparchy are carefully kept and that two copies are made of the inventory of the acts and documents. One of these is to be kept in the church\’s own archive and the other in the archive of the eparchial curia.
§ 2. For the inspection or removal of the acts and documents of these archives, the norms laid down by the eparchial bishop are to be observed.
3° THE EPARCHIAL FINANCE OFFICER AND FINANCE COUNCIL
§ 1. After consulting the college of eparchial consultors and the finance committee, the eparchial bishop is to appoint an eparchial financial administrator, who is to be a Christian faithful, expert in financial matters and outstanding for honesty.
§ 2. The eparchial financial administrator is appointed for a term determined by particular law; he or she is not to be removed during the term of office except for a serious reason, to be assessed by the eparchial bishop after consulting the college of eparchial consultors and the finance committee.
§ 3. It is for the eparchial financial administrator to act under the power of the eparchial bishop, who is to determine in greater detail the financial administrator\’s rights and relationships to the finance committee, to administer the temporal goods of the eparchy, to watch over the administration of ecclesiastical
goods throughout the eparchy, to provide for their preservation, safety and increase, to supply for the negligence of local administrators and to administer the goods which lack an administrator designated by the law.
§ 4. The eparchial financial administrator must give an account of his or her administration to the eparchial bishop every year and as often as it is requested by the bishop. The eparchial bishop is to have the account submitted by the eparchial financial administrator audited by the finance committee.
§ 5. In regard to the obligations of the eparchial financial administrator during the vacancy of the eparchial see, can. 232 is to be observed.
§ 1. The eparchial bishop is to erect a finance committee consisting of a president, who is the eparchial bishop himself, and of some suitable persons who are expert, if possible, also in civil law. These persons are to be appointed by the eparchial bishop after consulting the college of eparchial consultors, unless this is already provided for in some other
equivalent manner by the particular law of his Church sui iuris, always ensuring that those who have been elected or nominated by others need to be confirmed by the eparchial bishop.
§ 2. The eparchial financial administrator is ipso iure a member of the finance committee.
§ 3. Those who are related to the eparchial bishop up to the fourth degree inclusive of consanguinity or affinity are excluded from membership on the finance committee.
§ 4. In the more important acts concerning financial matters the eparchial bishop is not to fail to hear the finance committee. The members of this committee have only a consultative ote, unless their consent is required by common law in cases specifically mentioned or by the founding document.
§ 5. Besides the functions committed to it by common law, it is for the finance committee to prepare every year the budget for the coming year in the governance of the whole eparchy as well as to approve the account of receipts and expenses of the fast year.
ART. III.
THE PRESBYTERAL COUNCIL AND COLLEGE OF EPARCHIAL CONSULTORS
A presbyteral council must be established in the eparchy, that is a body of priests representing the presbyterium, and which, according to the norm of the law, assists the eparchial bishop by its advice in those things which regard the needs of pastoral work and the good of the eparchy.
The presbyteral council is to have its own statutes approved by the eparchial bishop, without prejudice to the norms of common law and the particular law of the respective Church sui iuris.
The following norms are to be observed in setting up the structure of the presbyteral council:
1° a suitable portion of the members are to be elected by the priests themselves according to the norm of the particular law of the respective Church sui iuris;
2° some priests, according to the norm of the statutes, must be ex officio members, that is, belong to the council in virtue of the offices they hold;
3° the eparchial bishop is at liberty to freely appoint some members.
§ 1. In electing the members of the presbyteral council the following have active and passive voice:
1° all presbyters enrolled in the eparchy;
2° other priests who have domicile or quasi-domicile in the eparchy and at the same time exercise some function for the good of the eparchy.
§ 2. To the extent provided in the statutes, active and passive voice can be conferred also upon other priests who have domicile or quasi-domicile in the eparchy.
The manner of electing members to the presbyteral council is to be determined by the statutes so that, in so far as it is possible, the priests of the presbyterate are represented, taking into account especially the different ministries and the various districts of the eparchy.
§ 1. It is for the eparchial bishop to convoke the presbyteral council, to preside over it and to determine its agenda or to receive proposals from the members.
§ 2. The eparchial bishop is to hear the presbyteral council in matters of greater importance and in cases expressly determined by common law he must consult it; but he needs its consent only in cases expressly determined by common law, without prejudice to the right of the patriarch regarding matters of the eparchy he governs to have only to consult the presbyteral council even in these cases.
§ 3. The presbyteral council can never act without the eparchial bishop. He alone has the responsibility to publish those things which have been done in the council.
§ 1. The members of the presbyteral council are to be designated for a term determined in the statutes so that the whole council or some part of it is renewed within a five year period.
§ 2. When the eparchial see is vacant the presbyteral council ceases and its functions are fulfilled by the college of eparchial consultors; within a year from taking canonical possession of the eparchy, the eparchial bishop must establish a new presbyteral council.
§ 3. If the presbyteral council is no longer fulfilling the function committed to it for the good of the eparchy or is gravely abusing it, the eparchial bishop can dissolve it after consulting the metropolitan or, if it is a question of the metropolitan see itself, after consulting the eparchial bishop senior by episcopal ordination, who is subject to the same metropolitan, but he must establish a new presbyteral council within a year.
§ 1. The eparchial bishop must establish a college of eparchial consultors to which belong the functions determined by law.
§ 2. The college of eparchial consultors is to be constituted for a five-year period but upon the expiration of the term they continue in the exercise of their functions until a new college is established.
§ 3. The members of the college of eparchial consultors must be not less than six nor more than twelve in number; if, for any reason whatever, within the determined five-year period there is no minimum number of members of the college, the eparchial bishop is to restore the college by appointment of new members, otherwise the college cannot act validly.
§ 4. The members of the college of eparchial consultors are freely appointed by the eparchial bishop from those who, at the time of their appointment, are members of the presbyteral council.
§ 5. The eparchial bishop presides over the college of eparchial consultors; when the eparchial see is vacant or impeded, it is presided over by the one who, in the interim, holds the place of the eparchial bishop or, if none has been designated, by the priest of the college itself who is senior by sacred ordination.
§ 6. Whenever the law establishes that the eparchial bishop needs the consent of the college of the eparchial consultors, it is sufficient for the patriarch, in the matters of the eparchy which he himself governs, that he consult this college.
ART. IV.
THE PASTORAL COUNCIL
In the eparchy, if pastoral circumstances recommend it, a pastoral council is to be established whose responsibility it is, under the authority of the eparchial bishop, to investigate, ponder and propose practical conclusions about those things which regard pastoral works in the eparchy.
§ 1. The pastoral council, which is only a consultative body, consists of clerics, religious or members of societies of common life in the manner of religious, and, especially, of lay people designated in a manner determined by the eparchial bishop.
§ 2. The pastoral council is to be so established that, in so far as possible, it represents the Christian faithful of the eparchy in regard to the types of persons, associations and other endeavours.
§ 3. Along with these Christian faithful, if it is suitable, the eparchial bishop can invite others also to the pastoral council, even if they are of another Church sui iuris.
§ 4. No one is to be designated to the pastoral council except those of Christ\’s faithful who are outstanding in firm faith, good morals and prudence.
Can 274
§1. The pastoral council is set up for a term according to the prescriptions of the statutes issued by the eparchial bishop.
§ 2. During the vacancy of the eparchial see the pastoral council ceases.
It is for the eparchial bishop alone to convoke the pastoral council according to the needs of the apostolate, to preside over it and to publish the matters dealt with in it.
ART. V.
PROTOPRESBYTERS
§ 1. The protopresbyter is a presbyter who is placed in charge of a district consisting of several parishes to discharge there in the name of the eparchial bishop the functions determined by law.
§ 2. It belongs to the eparchial bishop, after consulting the presbyteral council, to establish, change and suppress such districts according to the needs of pastoral action.
§ 1. The office of protopresbyter, without prejudice to the particular
law of the respective Church sui iuris, must not be joined in a stable manner to the office of the parish priest of any particular parish. The eparchial bishop, having heard, if he deems it opportune, the parish priests and parochial vicars of the district in question, is to appoint as protopresbyter a presbyter who is outstanding in doctrine and apostolic initiative especially among the parish priests.
§ 2. The protopresbyter is appointed for a term determined by particular law.
§ 3. For a just reason, the eparchial bishop can remove the protopresbyter from office.
§ 1. Besides the powers and faculties conferred on him by particular law the protopresbyter has the right and obligation:
1° to promote and co-ordinate common pastoral action;
2° to facilitate that clerics lead a life befitting their state and discharge their obligations carefully;
3° to oversee that the Divine Liturgy and the liturgy of the hours are celebrated according to the prescriptions of the liturgical books; that the elegance and neatness of the churches and sacred furnishings are carefully maintained especially in the celebration of the Divine Liturgy and the custody of the Divine Eucharist; that the parish registers are correctly entered and safely kept; that ecclesiastical goods are carefully administered; finally, that the parish house is looked after with due care.
§ 2. In the district entrusted to him the protopresbyter:
1° is to arrange that the clerics attend meetings which the local hierarch judges suitable for the promotion of the sacred sciences and pastoral matters;
2° is to take care that spiritual resources are available to the clerics; he is to have the utmost solicitude for those who are in acutely difficult circumstances or are beset with problems.
§ 3. The protopresbyter is to take care that when parish priests and, if they are married, their family, are known to be seriously ill, they do not lack spiritual and material assistance; that the funeral of the departed is worthily celebrated. He is also to take steps that during their sickness or at their death books, documents, sacred furnishings and other things which pertain to the Church are not lost or removed.
§ 4. The protopresbyter is bound by the obligation to visit the parishes in accordance with the arrangement made by the eparchial bishop.
CHAPTER III.
PARISHES, PASTORS AND PAROCHIAL VICARS
A parish is a certain community of Christian faithful, stably established within an eparchy, the pastoral care of which is entrusted to a parish priest.
§ 1. As a rule, the parish is to be territorial, that is, it is to embrace all the Christian faithful of a certain territory. If, however, in the judgement of the eparchial bishop it is advisable, after consulting the presbyteral council, personal parishes are to be erected, etermined by reason of nationality, of language, of ascription of Christ\’s faithful to another Church sui iuris or indeed of some other clearly distinguishing factor.
§ 2. It is for the eparchial bishop to erect, modify and suppress parishes, after consulting the presbyteral council.
§ 3. A lawfully established parish is ipso iure a juridical person.
§ 1. The parish priest is a presbyter to whom the care of souls in a given parish is entrusted as to its own pastor; he is the foremost collaborator of the eparchial bishop in the parish under the authority of the same eparchial bishop.
§ 2. A juridic person cannot validly be a parish priest.
§ 1. The eparchial bishop, but not the administrator of an eparchy, after consulting the presbyteral council, and with the consent of the major superior of a religious institute or society of common life in the manner of religious, can erect a parish in the church of the same institute or society with due regard for can. 480.
§ 2. This erection must be done by means of a written agreement made between the eparchial bishop and the major superior of the religious institute or society of common life in the manner of religious. This agreement is to state precisely what parochial ministry is to be fulfilled, the persons to be attached to the parish, the financial arrangements, and what are the rights and obligations of the members of the same institute or society inthat church and what are those of the parish priest.
The eparchial bishop is not to remove from the parish priest the partial or total care of certain groups of persons, buildings and places which are in the territory of the parish and are not exempt by law, except for a grave cause.
§1. The right of nominating parish priests belongs solely to the eparchial bishop, who freely nominates them.
§ 2. To entrust a parish to a member of a religious institute or society of common life in the manner of religious, the major superior proposes for nomination a suitable priest of his institute or society to the eparchial bishop, with due regard for agreements entered into with the eparchial bishop or other authority determined by the particular law of the respective Church sui iuris.
§ 3. The parish priest possesses stability in his office, therefore he is not to be named for a determined period of time unless:
1° it concerns a member of a religious institute or society of common life in the manner of religious;
2° a candidate agrees to this in writing;
3° it concerns a special case, in which case the consent of the college of eparchial consultors is required;
4° the particular law of his Church sui iuris permits it.
§ 1. In order for a presbyter to be named parish priest it is necessary that he be of good morals, sound doctrine, zealous for souls, endowed with prudence and the other virtues and gifts which are required by law in order to fulfil the parochial ministry in a praiseworthy manner.
§ 2. If the presbyter is married, good morals are required in his wife and his children who live with him.
§ 3. After he has weighed all the circumstances, the eparchial bishop is to confer a vacant parish on the one whom he judges suitable without any partiality; in order to make a judgment concerning a person\’s suitability he is to listen to the protopresbyter, conduct appropriate investigations and, if he considers it opportune, listen also to other Christian faithful especially clerics.
When the eparchial see is vacant or impeded, the administrator of the eparchy or another who governs the eparchy in the interim, is competent:
1° to name as parish priest a presbyter proposed by a major superior according to the norm of can. 284, § 2.
2° to name a parish priest from other presbyters if the eparchial see hasbeen vacant or impeded for at least one year.
§ 1. A parish priest is to have the parochial care of only one parish; however the care of several neighbouring parishes can be entrusted to the same parish priest due to a dearth of presbyters or in other circumstances.
§ 2. In the same parish there is to be only one parish priest; however, if the particular law of the Church sui iuris allows it, a parish may be entrusted to several presbyters; the same particular law is to determine accurately the rights and obligations of the moderator, who directs the common action and reports on it to the eparchial bishop, and what are those of the other presbyters.
The parish priest acquires the care of souls by canonical provision; however, he is not allowed to exercise his office unless he has taken canonical possession of the parish according to the norm of particular law.
§1. In carrying out the teaching function, the parish priest is bound by the obligation of preaching the word of God to all Christ\’s faithful so that, rooted in faith, hope and charity, they may grow in Christ and that the Christian community may render such witness of love as the Lord commended. The parish priest is also to lead Christ\’s faithful to the full knowledge of the mystery of salvation by a catechetical formation that is adapted to the age of each one. To impart this formation he is to seek not only the assistance of members of religious institutes or societies of common life in the manner of religious, but also the co-operation of the laity.
§2. In discharging the sanctifying function, the parish priest is to take care that the celebration of the Divine Liturgy is the centre and peak of the whole life of the Christian community. He is to strive to ensure that Christ\’s faithful are nourished with spiritual food through devout and frequent reception of the sacraments and through conscious and active participation in the liturgy of the hours. He is also to be aware of the great role the sacrament of penance has in fostering Christian life; wherefore, he is to make himself readily available to administer this sacrament, calling upon, if need be, also other priests who are versed in various languages.
§3. In fulfilling the governing function, the parish priest is to ensure first of all that he knows his flock. Being in ministry for all the sheep, he is to foster the growth of the Christian life both in individual members of Christ\’s faithful and in their associations, especially those directed to apostolate, and in the entire parish community. He is to visit the houses and schools in keeping with his pastoral function; be eager to provide for the needs of adolescents and youths; seek out with paternal love the poor and the sick. In fine, he is to have a special care for workers and is to take measures so that Christ\’s faithful offer assistance in the works of the apostolate.
§1. In all juridical matters the parish priest acts in the person of the parish.
§ 2. Sacred function of great importance, such as the celebration of the sacraments of Christian initiation, the blessing of marriages, without prejudice to can. 302, § 2, the ecclesiastical funeral rites, belong to the parish priest; therefore, parochial vicars are not allowed to carry them out except by permission, at least presumed, of the parish priest himself.
All offerings, except those mentioned in cann. 715-717, that are received on the occasion of performing some pastoral function by the parish priest and the other clerics attached to the parish, are to be put into the parish fund unless, in respect of voluntary offerings, there is a clear contrary intention on the donor\’s part. It is the competence of the eparchial bishop, after consulting the presbyteral council, to establish regulations concerning the destination of these offerings and to provide for the remuneration of the parish priest and the other parish clergy according to the norm of can. 390.
§ 1. The parish priest is bound by the obligation of residing in the parish house near the parish church. However, the local hierarch, for a just cause, can permit him to reside elsewhere so long as the parochial ministry suffers no harm from it.
§ 2. Unless there is a grave reason to the contrary, the parish priest may each year be absent on holiday from his parish for a period not exceeding one month, continual or otherwise. The days which the parish priest spends on his annual spiritual retreat are not reckoned with this vacation period. If the parish priest wishes to be absent from the parish for more than a week, he is bound to inform his local hierarch about this.
§ 3. It is for the eparchial bishop to establish norms by which, during the absence of the parish priest, the care of the parish is provided for by a priest having the requisite powers and faculties.
The parish priest is to be mindful of his duty to set, with his daily behaviour and solicitude, a good example of a truly priestly and pastoral ministry to the baptised and non-baptised, to the Catholics and non-Catholics; of his duty to give witness of truth and life to all; and, as a good shepherd, to seek out also those who, though baptised in the Catholic Church, keep away from the reception of the sacraments or even have fallen away from the faith.
The parish priest is frequently to celebrate the Divine Liturgy for the people of the parish entrusted to him but is bound to celebrate it for them on the days prescribed by the particular law of his Church sui iuris.
In the parish there are to be appropriate councils dealing with pastoral and economic matters, according to the norms of the particular law of its own Church sui iuris.
§ 1. In the parish there are to be parish registers, namely, of baptisms, of marriages, of deaths and others in accordance with the norms of the particular law of the respective Church sui iuris or, lacking these, those laid down by the eparchial bishop. The parish priest is to see to it that entries are properly made and that the registers are preserved according to the said norms.
§ 2. In the register of baptisms, a note is to be made of the ascription of the baptised persons to a determined Church sui iuris according to the norm of can. 37, of the administration of chrismation with holy myron as well as what pertains to the canonical status of Christ\’s faithful by reason of marriage, with due regard for can. 840, §3, of adoption, of sacred orders or of perpetual profession in a religious institute. These annotations are always to be reproduced on the baptismal certificate.
§ 3. Certificates issued about the canonical status of Christ\’s faithful, and all the documents which can have juridical importance, are to be signed by the parish priest himself or his delegate and secured with the parish seal.
§ 4. In the parish there is to be an archive in which the parish registers are to be kept along with the letters of hierarchs and other documents which it may be necessary or useful to preserve. All these are to be inspected by the eparchial bishop or his delegate on the occasion of the canonical visitation or at some other suitable time. The parish priest is to take care that they do not come into unauthorised hands.
§ 5. Older parish registers are also to be preserved according to the norm of particular law.
§ 1. The pastor ceases from office by resignation accepted by the eparchial bishop, expiration of term, removal or transfer.
§2. When a pastor has completed his seventy-fifth year of age he is asked to submit his resignation from office to the eparchial bishop, who, after considering all the circumstances of person and place, is to decide whether to accept or defer the resignation; the eparchial bishop, taking into account the norms of particular law of his own church sui iuris, is to provide for
the suitable support and housing of the resigned pastor.
If the parish becomes vacant or the parish priest is impeded by any cause whatever from exercising his pastoral function in the parish, the eparchial bishop is to appoint as soon as possible some priest as parochial administrator.
§ 1. The parochial administrator has the same rights and obligations as the arish priest, unless the eparchial bishop determines otherwise.
§ 2. The parochial administrator may not do anything which can prejudice the rights of the parish priest or do harm to the parish property.
§ 3. After he has discharged his office, the parochial administrator is to give an account to the parish priest.
§ 1. When the parish is vacant or when the parish priest is absolutely impeded from exercising his pastoral function, pending the appointment of a parochial administrator, the interim care of the parish is to be undertaken by the parochial vicar; if there are several parochial vicars, by the senior by presbyteral ordination; if there are no vicars, by the nearest parish priest. The eparchial bishop is to determine in good time which parish is to be considered nearest to each parish.
§ 2. The one who has undertaken the interim governance of a parish is immediately to inform the eparchial bishop.
§ 1. If it is necessary or advisable for the due pastoral care of a parish, one or more parochial vicars can be joined with the parish priest; these must be presbyters.
§ 2. A parochial vicar can be appointed either for the whole parish or for a specified part of the parish.
§ 3. The eparchial bishop freely nominates the parochial vicar after hearing the parish priest, unless he decides it more prudent to do otherwise. If it is a question of a member of a religious institute or society of common life in the manner of religious, can. 284, § 2 is to be observed.
§1. The rights and obligations of the parochial vicar are to be gathered from common law and from particular law as well as from the letter of the eparchial bishop; they are to be exercised under the authority of the parish priest. But, unless expressly provided otherwise and with the exception of the obligation mentioned in can. 294, it is the office of the parochial vicar to help the parish priest in the entire parochial ministry and, if need should arise, to substitute for the parish priest.
§ 2. The parochial vicar does not have the faculty of blessing marriages by virtue of his office. However, this faculty, even the general faculty, can be conferred upon him either by the local hierarch or, within the boundaries of the parish, by the parish priest. If it has been conferred upon him, the parochial vicar can confer it in his turn upon other priests for individual cases.
§ 3. As the co-operator of the parish priest, the parochial vicar is to make himself readily available for active work in the day to day pastoral function. Between the parish priest and the parochial vicar the relationship is to be fraternal; mutual love and reverence are to prevail always; they are to help each other by consultation, assistance and example, providing for parochial care with unanimity of mind and joint endeavour.
The parochial vicar can be removed by the eparchial bishop for a just cause; however, if the parochial vicar is a member of a religious institute or society of common life in the manner of religious, can. 1391, § 2 is to be observed.
