CHAPTER II
: PUBLIC ASSOCIATIONS OF CHRIST'S FAITHFUL
Can.
312 §1 The authority which is competent to establish public associations is:
1° the Holy
See, for universal and international associations
2° the
Episcopal Conference in its own territory, for national associations which by
their very establishment are intended for work throughout the whole nation;
3° the
diocesan Bishop, each in his own territory, but not the diocesan Administrator,
for diocesan associations, with the exception, however, of associations the
right to whose establishment is reserved to others by apostolic privilege.
§2 The
written consent of the diocesan Bishop is required for the valid establishment
of an association or branch of an association in the diocese even though it is
done in virtue of an apostolic privilege. Permission, however, which is given
by the diocesan Bishop for the foundation of a house of a religious institute,
is valid also for the establishment in the same house, or in a church attached
to it, of an association which is proper to that institute.
Can.
313 A public association or a confederation of public associations is
constituted a juridical person by the very decree by which it is established by
the authority competent in accordance with can. 312. Moreover, insofar as is
required, it thereby receives its mission to pursue, in the name of the Church,
those ends which it proposes for itself.
Can.
314 The statutes of any public association require the approval of the
authority which, in accordance with can. 312 §1, is competent to establish the
association; this approval is also required for a revision of, or a change in,
the statutes.
Can.
315 Public associations can, on their own initiative, undertake projects which
are appropriate to their character, and they are governed by the statutes, but
under the overall direction of the ecclesiastical authority mentioned in can.
312 §1.
Can.
316 §1 A person who has publicly rejected the catholic faith, or has defected
from ecclesiastical communion, or upon whom an excommunication has been imposed
or declared, cannot validly be received into public associations.
§2 Those
who have been lawfully enrolled but who fall into one of the categories
mentioned in §1, having been previously warned, are to be dismissed, in
accordance with the statutes of the association, without prejudice to their
right of recourse to the ecclesiastical authority mentioned in can. 312 §1.
Can.
317 §1 Unless the statutes provide otherwise, it belongs to the ecclesiastical
authority mentioned in can. 312 §1 to confirm the moderator of a public
association on election, or to appoint the moderator on presentation, or by his
own right to appoint the moderator. The same authority appoints the chaplain or
ecclesiastical assistant, after consulting the senior officials of the
association, wherever this is expedient.
§2 The norm
of §1 is also valid for associations which members of religious institutes, by
apostolic privilege, establish outside their own churches or houses. In
associations which members of religious institutes establish in their own
church or house, the appointment or confirmation of the moderator and chaplain
belongs to the Superior of the institute, in accordance with the statutes.
§3 The
laity can be moderators of associations which are not clerical. The chaplain or
ecclesiastical assistant is not to be the moderator, unless the statutes
provide otherwise.
§4 Those
who hold an office of direction in political parties are not to be moderators
in public associations of the faithful which are directly ordered to the
exercise of the apostolate.
Can.
318 §1 In special circumstances, when serious reasons so require the
ecclesiastical authority mentioned in can. 312 §1 can appoint a commissioner to
direct the association in his name for the time being.
§2 The
moderator of a public association may be removed for a just reason, by the
person who made the appointment or the confirmation, but the Moderator himself
and the senior officials of the association must be consulted, in accordance
with the statutes. The chaplain can, however, be removed by the person who
appointed him, in accordance with cann. 192 - 195.
Can.
319 §1 Unless otherwise provided, a lawfully established public association
administers the goods it possesses, in accordance with the statutes, and under
the overall direction of the ecclesiastical authority mentioned in can. 312 §1.
It must give a yearly account to this authority.
§2 The
association must also faithfully account to the same authority for the
disbursement of contributions and alms which it has collected.
Can.
320 §1 Associations established by the Holy See can be suppressed only by the
Holy See.
§2 For
grave reasons, associations established by the Episcopal Conference can be
suppressed by it. The diocesan Bishop can suppress those he has established,
and also those which members of religious institutes have established by
apostolic indult with the consent of the diocesan Bishop.
§3 A public
association is not to be suppressed by the competent authority unless the
moderator and other senior officials have been consulted.
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