COMPETENCES OF COLLEGIAL ORGANS IN A PARTICULAR CHURCH IN THE EXERCISE OF EXECUTIVE POWER ACCORDING TO THE CODE OF CANON LAW OF 1983

 

MIROSŁAW SITARZ

Wydawnictwo KUL 2013

 

CONTENTS:

List of Abbreviations

 

Introduction

 

Part I
The Position of Collegial Organs in the Exercise of Executive Power in Particular Curches

 

Chapter I
Theological and Legal Foundations of the Establishment of Auxiliary Collegial Organs in a Particular Church
1. The notion of particular Church
2. The basis for the participation of all the faithful in the building of the Church
2.1 Participation of the lay faithful in the common priesthood of Christ
2.2 Contribution of presbyters of a particular Church in the hierarchical priesthood of Christ under the direction of a bishop
3. Principles concerning relations between a diocesan bishop and auxiliary collegial authorities in the realisation of the mission of the Church
3.1 The principle of cooperation
3.2 The principle of respecting the competence of others
3.3 The principle of the right person for the right post
3.4 The principle of subsidiarity
3.5 The principle of common good
3.6 The principle of justice and legality
4. Conclusions

 

Chapter II
The Notion and Kinds of Organs of Power in a Particular Church
1. The notion of organ of power
2. Types of organs in a particular Church
2.1 Basic organs of authority in a particular Church
2.2 Auxiliary organs of authority in a particular Church
2.2.1 Obligatory organs of executive power in a particular Church
2.2.2 Facultative auxiliary organs of administrative power in a particular Church
2.3 One-person and multi-person organs
2.3.1 One-person organs
2.3.2 Multiple-person organs
2.3.2.1 Collective multi-person organs
2.3.2.2 Collegial multi-person organs
3. Classification of collegial organs of authority in a particular Church
3.1 Classification criteria for collegial bodies of authority
3.1.1 With respect to the kind of particular Church
3.1.2 With respect to the competence
3.1.3 With respect to participation in the tasks of the Church
3.1.4 With respect to the method of establishment
3.1.5 With respect to membership in a collegial organ
3.1.6 With respect to possible circumstances of a particular Church
3.1.7 With respect to the possibility of dissolution
3.1.8 With respect to the obligation to establish an organ of authority
3.1.9 With respect to the authority obliged to establish an organ of authority
3.1.10 With respect to the person entitled to convoke a collegial organ and preside over it
3.1.11 With respect to the mode of operation
3.1.12 With respect to the object of competence
3.2 Obligatory collegial organs
3.2.1 The diocesan finance council
3.2.2 The presbyteral council
3.2.3 The college of consultors
3.2.4 The chapter of canons
3.2.5 The council of a mission
3.2.6 The governing council
3.2.7 The group of pastor consultors
3.3 Facultative organs
3.3.1 The episcopal council
3.3.2 The diocesan pastoral council
3.3.3 The council of mediators
4. Conclusions

 

Chapter III
The Notion and Kinds of Competence of Collegial Organs of Executive Power in a Particular Church
1. The notion of competence of organs of authority in a particular Church
2. Governance competence of the college of consultors
2.1 The notion and purpose of governance competences
2.2 Governance competences in extraordinary situations
2.2.1 Governance competences under sede vacante
2.2.2 Governance competences under sede impedita
3. Consultative competences
3.1 The notion of consultation
3.2 The origin of consultation
3.3 Types of consultation under the Code of Canon Law
3.3.1 Facultative consultation
3.3.2 Obligatory consultation
4. Creative competences of collegial organs in a particular Church
4.1 The notion of creative competence
4.2 The origin of creative competences of collegial organs in a particular Church
4.3 Creative competences of collegial organs in a particular Church under the Code of Canon Law
4.3.1 In the situation of sede plena
4.3.1.1 The election of a group of pastors by the presbyteral council
4.3.1.2 Electing representatives for a provincial council from among the members of the cathedral chapter, presbyteral council, and pastoral council
4.3.1.3 The election of representatives for a diocesan synod by the pastoral council
4.3.2 Creative competences under sede impedita and sede vacante
4.3.2.1 The election of a diocesan finance officer by the diocesan finance council
4.3.2.2 The election of an interim diocesan leader by the college of consultors
4.3.2.3 The election of a diocesan administrator by the college of consultors
4.3.2.4 The election of a parish administrator by the college of consultors in extraordinary circumstances
5. Representative competences of the collegial organs of authority
5.1 The notion of representative competences
5.2 Representative competences in the situation of sede plena
5.2.1 Representative competences of the presbyteral council
5.2.2 Representative competences of the diocesan pastoral council
5.3 Representative competences under extraordinary circumstances
6. Mediation competences of collegial organs in a particular Church
6.1 The notion and aims of mediation
6.2 Mediation competences of the group of pastor consultors
6.3 Competences of the mediation council
7. Coordination competences
7.1 The notion and aims of coordination
7.2 Coordination competences of the episcopal council
8. Liturgical competences of collegial organs in a particular Church
8.1 The notion and purpose of liturgy
8.2 Liturgical competences of the cathedral chapter
9. Conclusions

 

Part II
The Object and Application of Competences by Auxiliary Collegial Organs of Executive Power in a Particular Church

 

Chapter I
Administrative Acts as the Object of Competences Used by Collegial Organs in a Particular Church
1. The notion of administrative act in canon law
1.1 The definition of administrative act
1.2 The elements of an administrative act
1.2.1 The essentials elements
1.2.2 The accidental elements
1.2.3 The formal elements
2. Classification of administrative acts
2.1 General administrative acts
2.1.1 General decrees
2.1.2 Instructions
2.2 Singular administrative acts
2.3 Classification criteria for singular administrative acts
2.3.1 With respect to new legal-administrative quality of the recipient
2.3.2 With respect to the relationship between the author and the will of the recipient
2.3.3 With respect to the degree of formality
2.3.4 With respect to the relationship between the issuing organ and the recipient
2.3.5 With respect to the number of organs involved in the issuance of an act
2.3.6 With respect to the creation of new legal relationships
2.3.7 With respect to the object of an administrative act
2.3.8 With respect to the form
2.3.9 With respect to the organ of issuance
2.3.10 With respect to the stage in the creation of new legal relationships
2.3.10.1 Acts of decision
2.3.10.2 Preparatory acts
3. Conclusions

 

Chapter II
Realisation of Competences by Collegial Organs in a Particular Church
1. Consulting collegial organs in a particular Church
1.1 The procedure of obtaining consent of collegial organs
1.1.1 The procedure of obtaining consent under sede plena
1.1.1.1 Preparing consultation
1.1.1.2 Convoking a collegial organ
1.1.1.3 Meeting
1.1.1.4 Discussion
1.1.1.5 Voting
1.1.2 Obtaining consent under sede vacante
1.1.2.1 Preparing an assembly of the college of consultors
1.1.2.2 Convoking the college of consultors
1.1.2.3 The meeting of the college of consultors
1.1.2.4 Discussion
1.1.2.5 Voting
1.2 The procedure of obtaining counsel
1.2.1 Obtaining advice in accordance with the procedure of obtaining consent
1.2.1.1 Preparing to obtain opinion
1.2.1.2 Convocing a collegial organ
1.2.1.3 Meeting
1.2.1.4 Discussion
1.2.1.5 Voting
1.2.2 Obtaining advice in accordance with particular law
1.2.3 Obtaining advice in accordance with proper law
1.3 Choosing the mode of consultation
2. The realisation of governance competences
2.1 The implementation of governance competences under sede vacante
2.1.1 Convoking a meeting of the college of consultors
2.1.2 Preparing a meeting
2.1.3 Meeting
2.1.4 Discussion
2.1.5 Voting
2.2 The implementation of governance competences under sede impedita
3. The realisation of coordination competence
4. The realisation of mediation competences
5. The implementation procedure of creative competences
5.1 The implementation of creative competences under sede plena
5.1.1 Choosing a group of pastors
5.1.2 Electing representatives for a particular council
5.1.3 Electing participants of a diocesan synod
5.2. The realisation of creative competences in extraordinary circumstances
5.2.1. Electing a diocesan administrator
5.2.2. Electing an interim diocesan leader
5.2.3. Electing a presbyter for a vacated office
5.2.4. Electing a diocesan finance officer
6. The realisation of representative competences
7. Realisation of liturgical competences
8. Conclusions

 

Conclusion

 

Sources of Law

 

Bibliography