CHAPTER III
:PARTICULAR COUNCILS
Can.
439 §1 A plenary council for all the particular Churches of the same Episcopal
Conference is to be celebrated as often as the Episcopal Conference, with the
approval of the Apostolic See, considers it necessary or advantageous.
§2 The norm
laid down in §1 is valid also for a provincial council to be celebrated in an
ecclesiastical province whose boundaries coincide with the boundaries of the
country.
Can.
440 §1 A provincial council, for the various particular Churches of the same
ecclesiastical province, is celebrated as often as, in the judgement of the
majority of the diocesan Bishops of the province, it is considered opportune,
without prejudice to can. 439 §2.
§2 A
provincial council may not be called while the metropolitan see is vacant.
Can.
441 It is the responsibility of the Episcopal Conference:
1° to
convene a plenary council;
2° to
choose a place within the territory of the Episcopal Conference for the
celebration of the council;
3° to elect
from among the diocesan Bishops a president of the plenary council, who is to
be approved by the Apostolic See;
4° to
determine the order of business and the matters to be considered, to announce
when the plenary council is to begin and how long it is to last, and to
transfer, prorogue and dissolve it.
Can.
442 §1 It is the responsibility of the Metropolitan, with the consent of the
majority of the suffragan Bishops:
1° to
convene a provincial council
2° to
choose a place within the territory of the province for the celebration of the
provincial council;
3° to
determine the order of business and the matters to be considered, to announce
when the provincial council is to begin and how long it is to last, and to
transfer, prorogue and dissolve it.
§2 It is
the prerogative of the Metropolitan to preside over the provincial council. If
he is lawfully impeded from doing so, it is the prerogative of a suffragan
Bishop elected by the other suffragan Bishops.
Can.
443 §1 The following have the right to be summoned to particular councils and
have the right to a deliberative vote:
1° diocesan
Bishops;
2°
coadjutor and auxiliary Bishops
3° other
titular Bishops who have been given a special function in the territory, either
by the Apostolic See or by the Episcopal Conference.
§2 Other
titular Bishops who are living in the territory, even if they are retired, may
be invited to particular councils; they have the right to a deliberative vote.
§3 The
following are to be invited to particular councils, but with only a
consultative vote:
1° Vicars
general and episcopal Vicars of all the particular Churches in the territory;
2° the
major Superiors of religious institutes and societies of apostolic life. Their
number, for both men and women, is to be determined by the Episcopal Conference
or the Bishops of the province, and they are to be elected respectively by all
the major Superiors of institutes and societies which have a centre in the
territory;
3° the
rectors of ecclesiastical and catholic universities which have a centre in the
territory, together with the deans of their faculties of theology and canon
law;
4° some
rectors of major seminaries, their number being determined as in no. 2; they
are to be elected by the rectors of seminaries situated in the territory.
§4 Priests
and others of Christ's faithful may also be invited to particular councils, but
have only a consultative vote; their number is not to exceed half of those
mentioned in 1 - 3.
§5 The
cathedral chapter, the council of priests and the pastoral council of each
particular Church are to be invited to provincial councils, but in such a way
that each is to send two members, designated in a collegial manner. They have
only a consultative vote.
§6 Others
may be invited to particular councils as guests, if this is judged expedient by
the Episcopal Conference for a plenary council, or by the Metropolitan with the
suffragan Bishops for a provincial council.
Can.
444 §1 All who are summoned to particular councils must attend, unless they are
prevented by a just impediment, of whose existence they are obliged to notify
the president of the council.
§2 Those
who are summoned to a particular council in which they have a deliberative
vote, but who are prevented from attending because of a just impediment, can
send a proxy. The proxy, however, has only a consultative vote.
Can.
445 A particular council is to ensure that the pastoral needs of the people of
God in its territory are provided for. While it must always respect the
universal law of the Church, it has power of governance, especially legislative
power. It can, therefore, determine whatever seems opportune for an increase of
faith, for the ordering of common pastoral action, for the direction of
morality and for the preservation, introduction and defence of a common
ecclesiastical discipline.
Can.
446 When a particular council has concluded, the president is to ensure that
all the acts of the council are sent to the Apostolic See. The decrees drawn up
by the council are not to be promulgated until they have been reviewed by the
Apostolic See. The council has the responsibility of defining the manner in
which the decrees will be promulgated and the time when the promulgated decrees
will begin to oblige.
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