COMPETENCES OF COLLEGIAL ORGANS IN A PARTICULAR CHURCH Publications of the Faculty of Law, Canon Law and Administration of the John Paul II Catholic Univ ersity of Lublin V7olume EDITORIAL BOARD Piotr Stanisz (C hair) Artur Kuś Sławomir Fundowicz Delaine Swenson Leszek Adamowicz Magdalena Pyter Mirosław Sitarz COMPETENCES OF COLLEGIAL ORGANS IN A PARTICULAR CHURCH In the Exercise of Executive Power According to the Code of Canon Law of 1983 Wydawnictwo KUL Lublin 2013 English translation Tomasz Pałkowski Typesetting Teresa Myśliwiec Cover design Agnieszka Gawryszuk © Copyright by Wydawnictwo KUL, Lublin 2013 ISBN 978-83-7702-764-6 PUBLISHER Wydawnictwo KUL PRINTING AND BINDING ul. Zbożowa 61, 20-827 Lublin elpil tel. 81 740-93-40, fax 81 740-93-50 ul. Artyleryjska 11 e-mail: [email protected] 08-110 Siedlce http:// wydawnictwo.kul.lublin.pl e-mail: [email protected] List of Abbreviations AA Decree on the Apostolate of the Laity Apostolicam Actuositatem, promulgated by Pope Paul VI on 18 Nov 1965 AAS Acta Apostolicae Sedis: Commentarium Officiale, Roma 1909- AG Decree on the Mission Activity of the Church Ad Gentes, promulga- ted by Pope Paul VI on 7 Dec 1965 AS Congregation for Bishops, Directory For The Pastoral Ministry of Bishops Apostolorum Successores, Libreria Editrice Vaticana, 2004 AKEP Akta Konferencji Episkopatu Polski [Documents of the Polish Epi- scopal Conference], Warszawa 1998- AP Annuario Pontificio, Roma 1912- ACPF Acta Congregationis de Propaganda Fide BSKP Biuletyn Stowarzyszenia Kanonistów Polskich [Bulletin of the Polish Canonists Association], Lublin 1991- CCC Catechism of the Catholic Church, promulgated by Pope John Paul II on 11 Oct 1992 CCEO Codex Canonum Ecclesiarium Orientalium [Code of Canons of the Eastern Churches], promulgated by Pope John Paul II on 18 Oct 1990 CIC/17 Codex Iuris Canonici, promulgated by Pope Benedict XV on 27 May 1917 CIC/83 Codex Iuris Canonici, promulgated by Pope John Paul II on 25 Jan 1983 CIC Fontes Codicis Iuris Canonici Fontes CD Decree concerning the Pastoral Office of Bishops Christus Domi- nus, promulgated by Pope Paul VI on 28 Oct 1965 EI Directory for the Pastoral Ministry of Bishops Ecclesiae Imago, published on 22 Feb 1973 EK Encyklopedia Katolicka [Catholic Encyclopaedia], Polish edition, Lublin 1973- List of Abbreviations ES Motu proprio Ecclesiae Sanctae, issued by Pope Paul VI on 6 Aug 1966 GS Pastoral Constitution on the Church in the Modern World Gau- dium et Spes, promulgated by Pope Paul VI on 7 Dec 1965 IC Ius Canonicum, Pamplona 1961- ISD Instruction of Congregation for Bishops and Congregation of Evangelisation of the Peoples De synodis dioecesanis agendi, issued on 19 March 1997 LG Dogmatic Constitution on the Church Lumen gentium, promul- gated by Pope Paul VI on 21 Nov 1964 KEP Konferencja Episkopatu Polski [the Polish Episcopal Conferen- ce] ME Monitor Ecclesiasticus, Rome 1876- OE Decree on the Eastern Catholic Churches Orientalium Ecclesia- rum, promulgated by Pope Paul VI on 21 Nov 1964 OrPast Orientamenti Pastorali, Roma 1952- PB Apostolic Constitution Pastor Bonus, promulgated by Pope John Paul II on 28 June 1988 PCL Post-conciliar legislation Periodica Periodica De Re Morali, Canonica et Liturgica, Rome 1911- PG Post-synodal apostolic exhortation Pastores Gregis, delivered by Pope John Paul II on 16 Oct 2003 PK Prawo Kanoniczne [Canon Law], Warszawa 1958- PO-KEP Pismo Okólne Konferencji Episkopatu Polski [official journal of the Polish Episcopal Conference], Warszawa 1967- PO Decree on the Ministry and Life of Priests Presbyterorum ordinis, promulgated by Pope Paul VI on 7 Dec 1965 REDC Revista Espanola de Derecho Canonico, Salamanca 1946- Resp. Responsum SC Constitution on the Sacred Liturgy Sacrosanctum Concilium, pro- mulgated by Pope Paul VI on 4 Dec 1963 SCPF Sacred Congregation for the Propagation of the Faith SMC Apostolic Constitution on Military Ordinariates Spirituali Mili- tum Curae, promulgated by Pope John Paul II on 21 April 1986 SP Studia Płockie, Płock 1973- SS Studia Sandomierskie, Sandomierz 1980- TN KUL Towarzystwo Naukowe KUL [Scientific Society of the John Paul II Catholic University of Lublin] TPV Typis Polyglottis Vaticanis UR Decree on Ecumenism Unitatis Redintegratio, promulgated by Pope Paul VI on 21 Nov 1964 ZN KUL Zeszyty Naukowe Katolickiego Uniwersytetu Lubelskiego [Legal Science Annals of the John Paul II Catholic University of Lub- lin], Lublin 1958- 6 Introduction The presented dissertation deals with the postulate of democratisa- tion in the Church which was put forward at the Second Vatican Council (1962-1965), and the way it is put into practice. Democratisation cannot be achieved existing in the Church in the same way as in national commu- nities based on natural law. One has to respect the theological premises that define the Church as a human-divine community whose foundations are grounded in the revealed Divine Law (see for example: J. Ratzinger, H. Meier, Demokratie in der Kirche: Möglichkeiten und Grenzen, Lahn-Verlag 2005). The realisation of this postulate is made possible by the norms of the Code of Canon Law of 1983 (CIC/83) that regulate the participation of the faithful, both clerics and lay persons, in the exercise of authority by bishops through auxiliary collegial bodies in the issuance of singular administrative acts as well as the performance of other tasks envisaged by law. The Second Vatican Council greatly contributed to the explanation of the procedure and scope of democratisation in the Church by proclaiming the theological truth that the Church is both the People of God and a hie- rarchical community (cf. LG 10, 22, 24, 26). This truth includes the principle that all the faithful are equal in their dignity and their vocation to take part in the building of the Mystical Body of Christ. All People of God are uni- fied by fraternal love. All the faithful partake in the universal priesthood of Christ, and they are called upon to accept joint responsibility for the realisa- tion of the mission of the Church according to their status. In the first place, this vocation affects those members of the People of God who participate in the hierarchical ministry (LG 28) and are called bodies of ecclesiastical hierarchical authority by the Council (LG 8). From the above theological premises springs a pastoral premise regarding the need to sustain dialogue Introduction within the Church community, which Pope Paul VI assumed to be the foun- dation of any pastoral activity. Further, from the above-mentioned theological and pastoral premi- ses stems a legislative postulate concerning (a) the establishment of legal norms regulating the ways of fostering dialogue in the Church, and (b) the establishment of auxiliary collegial bodies through which such dialogue may take place – in the very delicate domain of exercising power, especially administrative authority, both within the Catholic Church and a particu- lar Church. The ecclesiastical legislator is obliged to consider two essential elements found in the constituent structure of the Church. These are: a) obligations and rights of faithful Christians, both the laity and clergy, to voice their needs and opinions regarding the hierarchical Church in matters relating to the attainment of common good; and (b) hierarchical structure of the sacred authority that belongs to diocesan bishops and other adminis- trators of particular Churches who issue decisions, typically in the form of administrative acts. Following the recommendations of the Second Vatican Council, the supreme ecclesiastical legislator established, for one thing, the status of auxiliary collegial organs in a diocese which are to assist in various ways diocesan bishops in their service to the People of God, especially by issu- ing administrative acts, and, for another, the forms of their functioning. Pope John Paul II, in his apostolic letter Novo millennio ineunte, appealed for a greater appreciation of diocesan collegial bodies in the following way: “(…) the structures of participation envisaged by canon law such as the presbyteral council and the pastoral council must be ever more highly va- lued” (45). These words of Pope John Paul II and the currency of the above mat- ters in the context of democratisation of the Church have all prompted the Author to address these issues. This need seems particularly pressing since in the teaching of canon law there has been no monographic study on the due position and competences of collegial bodies in particular Churches as envisaged by CIC/83. The considerations presented here will focus mainly on source mate- rials as well as domestic and foreign publications to date. The basic sources used by the Author are the documents created by the Second Vatican Council, executory decrees of the Apostolic See for con- ciliar resolutions, Code of Canon Law of 1983 for the Latin Church, papal constitutions, responses of pontifical commissions and interpretation com- missions, dicasterial decrees of the Roman Curia, as well as normative acts issued by the Polish Episcopal Conference and some diocesan bishops. 8 Introduction Although some time has passed since Vatican II and the promulgation of CIC/83, scientific literature that deals with ecclesiastical collegial bodies in particular Churches is rather modest. Apart from commentaries to CIC/83 containing interpretations of canons that regulate the establishment, structure and tasks of particular organs, several works on certain collegial bodies have been published, especially on the college of consultors,