Przyczyny administracyjnego usunięcia proboszcza według Kodeksu Prawa Kanonicznego z 1983 roku

Abstract

The Second Vatican Council, adjusting pastoral work of Church to new conditions, finished with beneficial system. Parish stopped to be an office with particular incomes and it became the form of serving the faithful. The consequence of this Council attitude was the abolition of division into removable and irremovable parish priests. Meanwhile the Fathers of the Council willing to facilitate diocesan bishops fulfilling the needs of the faithful, started auditing the procedures of moving and removal the parish priests. After the Second Vatican Council Paul The Sixth published Motu proprio “Ecclesiae Sanctae”, where he placed the regulations to the matters accepted by the Council. A definitive stage was the solution of the matter concerning removal parish priests established by John Paul The Second in Code of Canon Law from 1983. The public legislator, among the regulations concerning the removal of parish priests, placed on the first position the matter of reasons of using this administrative procedure towards a parish priest. First in Cann. 1740, the church legislator gives two main rules, which are the bases of removal parish priest from his post. According to the public legislator will, the procedure of removal parish priest has to be activated if the ministry of parish priest is harmful or at least ineffective. In order to picturesque these two main motives, which obligate diocesan bishop to begin this administrative procedure and facilitate the understanding, the church legislator in the next Cannon presents the causes of harmful and ineffective ministry of parish priest. There are the following causes presented in Cannon 1741: – a manner of acting which brings grave detriment or disturbance to ecclesiastical communion; – ineptitude or a permanent infirmity of mind or body which renders the pastor unable to fulfill his functions usefully; – loss of a good reputation among upright and responsible parishioners or an aversion to the pastor which it appears will not cease in a brief time; – grave neglect or violation of parochial duties which persists after a warning; – poor administration of temporal affairs with grave damage to the Church whenever another remedy to this harm cannot be found. It should be always taken under consideration that in this Cannon the causes of removal parish priest were mentioned only as an example, not as a closed list. The legislator was conscious of the fact that more various causes can occur which make the ministry of parish priest harmful or ineffective.