Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library |
Code of Canon Law IntraText CT - Text |
|
|
PART V: THE MANNER OF PROCEDURE IN ADMINISTRATIVE RECOURSE AND IN THE REMOVAL OR TRANSFER OF PARISH PRIESTS SECTION I: RECOURSE AGAINST ADMINISTRATIVE DECREES (Cann. 1732 - 1739) §2 The Episcopal Conference can prescribe that in each diocese there be established a permanent office or council which would have the duty, in accordance with the norms laid down by the Conference, of seeking and suggesting equitable solutions. Even if the Conference has not demanded this, the Bishop may establish such an office or council. §3 The office or council mentioned in §2 is to be diligent in its work principally when the revocation of a decree is sought in accordance with Can. 1734 and the time-limit for recourse has not elapsed. If recourse is proposed against a decree, the Superior who would have to decide the recourse is to encourage both the person having recourse and the author of the decree to seek this type of solution, whenever the prospect of a satisfactory outcome is discerned. §2 The petition must be made within the peremptory time-limit of ten canonical days from the time the decree was lawfully notified. §3 The norms in §§1 and 2 do not apply: 1° in having recourse to the Bishop against decrees given by authorities who are subject to him; 2° in having recourse against the decree by which a hierarchical recourse is decided, unless the decision was given by the Bishop himself ; 3° in having recourse in accordance with cann. 57 and 1735. §2 In other cases, unless within ten days of receiving the petition mentioned in Can. 1734 the author of the decree has decreed its suspension, an interim suspension can be sought from the author's hierarchical Superior. This Superior can decree the suspension only for serious reasons and must always take care that the salvation of souls suffers no harm. §3 If the execution of the decree is suspended in accordance with §2 and recourse is subsequently proposed, the person who must decide the recourse is to determine, in accordance with Can. 1737 §3, whether the suspension is to be confirmed or revoked. §4 If no recourse is proposed against the decree within the time-limit established, an interim suspension of execution in accordance with §§1 and 2 automatically lapses. §2 The recourse is to be proposed within the peremptory time-limit of fifteen canonical days. In the cases mentioned in Can. 1734 §3, the timelimit begins to run from the day the decree was notified; in other cases, it runs in accordance with Can. 1735. §3 Even in those cases in which recourse does not by law suspend the execution of the decree, or in which the suspension is decreed in accordance with Can. 1736 §2, the Superior can for a serious reason order that the execution be suspended, but is to take care that the salvation of souls suffers no harm.
|
Table of Contents | Words: Alphabetical - Frequency - Inverse - Length - Statistics | Help | IntraText Library |
Best viewed with any browser at 800x600 or 768x1024 on Tablet PC IntraText® (V89) - Some rights reserved by EuloTech SRL - 1996-2007. Content in this page is licensed under a Creative Commons License |