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Motywy i procedura prawna administracyjnego przeniesienia proboszcza według Kodeksu Prawa Kanonicznego z 1983 roku
Dziub, Krzysztof (Wydawnictwo Naukowe Wyższego Instytutu Teologicznego w Częstochowie, 2018)
Canon law of the Catholic Church from 1983 involves two administrative procedures. Firstly, the administrative removal of parish priest. The second special administrative procedure against the parish priest is a tranfer. The Canon of John Paul provides this course of action in can. 1748-1751. The transfer is to protect the good of this parish, where a parish priest has to be tranfered to. So, the transfer has got only pastoral nature. The reasons why a parish priest can be transferred form one parish to another one or any ecclesial offce were involved in can. 1748. Motives of transfer, which are given by the Canon of John Paul II, are pastoral and they are formed in avery general way. They are the good of souls and the necessity or advantage of the Church. The good of souls is everything which contributes to the salvation. The good is the subject of pastoral care in the Church, which relies on an active intermediation in human’s salvation by enabling and helping them in personal meeting with God. A specifc contribution to this intermediation, because of their ministry nature, have got parish priests. The transfer of the parish priest is justifed by the advantage of the Church, if a bishop thinks that a particular parish priest is more needed or will work more effectively in another parish or another offce, than in present parish. The necessity of the Church demands the transfer of a parish priest, when the parish priest is necessary, in the bishop’s point of view, in another ecclesial offce. If the transfer of parish priest from one parish to another or to another offce because of the reasons described in can. 1748, is necessary, legal procedure needed for the validity of this transfer, should be applied. Because of the fact, that the parish priest who will be transferred worked effectively and to the beneft of the faithful people, a legislator requires the transfer would be proposed in gentle way. The parish priest should be encouraged to an optional transfer without using any means of compulsion.
Pojęcie urzędu kościelnego według Kodeksu Prawa Kanonicznego z 1983 r.
Dziub, Krzysztof (Częstochowskie Wydawnictwo Archidiecezjalne "Regina Poloniae", 2008)
Przyczyny administracyjnego usunięcia proboszcza według Kodeksu Prawa Kanonicznego z 1983 roku
Dziub, Krzysztof (Wydawnictwo Naukowe Wyższego Instytutu Teologicznego w Częstochowie, 2017)
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.
Sprawozdanie z konferencji naukowej z okazji 50-lecia zwołania Soboru Watykańskiego II oraz Roku Wiary
Dziub, Krzysztof (Wydawnictwo Naukowe Wyższego Instytutu Teologicznego w Częstochowie, 2013)
Tytulariusze urzędu wikariusza generalnego według Kodeksu Prawa Kanonicznego z 1983 roku
Dziub, Krzysztof (Częstochowskie Wydawnictwo Archidiecezjalne "Regina Poloniae", 2009)