ARTICLE 3:
COADJUTOR AND AUXILIARY BISHOPS
Can.
403 §1 When the pastoral needs of the diocese require it, one or more auxiliary
Bishops are to be appointed at the request of the diocesan Bishop. An auxiliary
Bishop does not have the right of succession.
§2 In more
serious circumstances, even of a personal nature, the diocesan Bishop may be
given an auxiliary Bishop with special faculties.
§3 If the
Holy See considers it more opportune, it can ex officio appoint a coadjutor
Bishop, who also has special faculties. A coadjutor Bishop has the right of
succession.
Can.
404 §1 The coadjutor Bishop takes possession of his office when, either
personally or by proxy, he shows the apostolic letters of appointment to the
diocesan Bishop and the college of consultors, in the presence of the
chancellor of the curia, who makes a record of the fact.
§2 An
auxiliary Bishop takes possession of his office when he shows his apostolic
letters of appointment to the diocesan Bishop, in the presence of the
chancellor of the curia, who makes a record of the fact.
§3 If the
diocesan Bishop is wholly impeded, it is sufficient that either the coadjutor
Bishop or the auxiliary Bishop show their apostolic letters of appointment to
the college of consultors, in the presence of the chancellor of the curia.
Can.
405 §1 The coadjutor Bishop and the auxiliary Bishop have the obligations and
the rights which are determined by the provisions of the following canons and
defined in their letters of appointment.
§2 The
coadjutor Bishop, or the auxiliary Bishop mentioned in can. 403 §2, assists the
diocesan Bishop in the entire governance of the diocese, and takes his place
when he is absent or impeded.
Can.
406 §1 The coadjutor Bishop, and likewise the auxiliary Bishop mentioned in
can. 403 §2, is to be appointed a Vicar general by the diocesan Bishop. The
diocesan Bishop is to entrust to him, in preference to others, those things
which by law require a special mandate.
§2 Unless
the apostolic letters provide otherwise, and without prejudice to the provision
of §1, the diocesan Bishop is to appoint his auxiliary or auxiliaries as Vicar
general or at least episcopal Vicar, in dependence solely on his authority, or
on that of the coadjutor Bishop or of the auxiliary Bishop mentioned in can.
403 §2.
Can.
407 §1 For the greatest present and future good of the diocese, the diocesan
Bishop, the coadjutor and the auxiliary Bishop mentioned in can. 403 §2, are to
consult with each other on matters of greater importance.
§2 In
assessing matters of greater importance, particularly those of a pastoral
nature, the diocesan Bishop is to consult the auxiliary Bishop before all
others.
§3 The
coadjutor Bishop and the auxiliary Bishop, since they are called to share in
the cares of the diocesan Bishop, should so exercise their office that they act
and think in accord with him.
Can.
408 §1 As often as they are requested to do so by the diocesan Bishop, a
coadjutor Bishop and an auxiliary Bishop who are not lawfully impeded, are
obliged to perform those pontifical and other functions to which the diocesan
Bishop is bound.
§2 Those
episcopal rights and functions which the coadjutor can exercise are not
habitually to be entrusted to another by the diocesan Bishop.
Can.
409 §1 When the episcopal see falls vacant, the coadjutor immediately becomes
the Bishop of the diocese for which he was appointed, provided he has lawfully
taken possession.
§2 Unless
the competent authority has provided otherwise, when the episcopal see is
vacant and until the new Bishop takes possession of the see, the auxiliary
Bishop retains all and only those powers and faculties which he had as Vicar
general or as episcopal Vicar when the see was occupied. If he is not appointed
to the office of diocesan Administrator, he is to exercise this same power of
his, conferred by the law, under the authority of the diocesan Administrator,
who governs the diocese.
Can.
410 The coadjutor Bishop and the auxiliary Bishop are bound, like the diocesan
Bishop, to reside in the diocese. Other than for the fulfilment of some duty
outside the diocese, or for holidays, which are not to be longer than one
month, they may not be away from the diocese except for a brief period.
Can.
411 The provisions of cann. 401 and 402 §2, concerning resignation from office,
apply also to a coadjutor and an auxiliary Bishop.
|