Motywy i procedura prawna administracyjnego przeniesienia proboszcza według Kodeksu Prawa Kanonicznego z 1983 roku

Abstract

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.