Przeniesienie z urzędu kościelnego (kann. 190-191 KPK)

Abstract

The author of the study focused his attention on the interpretation of canons 190-191 CIC which deal with transfer from an ecclesiastical office. Analyses which carried out show that in the Canon law, apart from the pope, everyone holding an ecclesiastical office can be transferred. Generally speaking, the doctrine distinguishes two types of transfer – a voluntary and an involuntary one. It needs to be stressed that the first from of transfer is never a disciplinary action. In the case of the latter one, transfer can take place either in the course of an administrative procedure or as a disciplinary action. According to the studies carried out, some of the regulations dealing, with this area of the Canon Law are of a rather flexible nature, especially as far as the arrangements concerning vacancy are concerned. In can. 191 § 1 CIC, the legislator gives the opportunity to make an exception to the general rule by introducing the following clause: unless the law states otherwise or competent authority gives different orders. It seems that it was necessary to introduce such a statement since the Canon Law includes regulations which should be applicable in the entire Church. Specific conditions occurring in particular churches could lead to a situation in which the authorities of a lower jurisdictional degree might in special circumstances make a decision not in accordance with or even against the regulations codified in can. 191 § CIC.