Title II

 Norms for The Spiritual Care of Migrants 

CHAPTER I

THE COMPETENCY OF THE CONSISTORIAL CONGREGATION
REGARDING MIGRANTS

We now review, approve and confirm the enactments of our predecessors of happy memory, and especially those of St. Pius X; at the same time however, we modify them somewhat, as seems necessary. We hereby wish and decree that the following rules be observed in the future.

1. a) The Consistorial Congregation alone has the authority to seek and to provide everything pertaining to the spiritual welfare of migrants of the Latin rite, wheresoever they may have migrated. However, if their migration is to countries under the jurisdiction of the Congregation for the Oriental Church, or the Congregation for the Propaga­tion of the Faith, then these Congregations must be consulted depending upon the region.

    b) It is likewise within the competence of the Con­sistorial Congreation to seek and to provide, in like manner, for emigrants of the Oriental rite, whenever emigrants of one or another Oriental rite leave for areas which are not under the jurisdiction of the Congregation for the Oriental Church, and where no priests of such rite are available, but in all cases previous consultation must be taken up with the Congregation for the Oriental Church.

2. a) Whenever priests of the Latin rite migrate it is always the Consistorial Congregation alone which has juris. diction over them.

    b) If the priests of the Latin rite subject to the Con­gregation for the Oriental Church or the Congregation for the Propagation of the Faith desire to migrate into an area not under jurisdiction of the same Congregation, they also will be subject to the regulations concerning such migration, made or to be made by the Consistorial Congregation, with-out prejudice of the rights of the Congregation for the Oriental Church or for the Propagation of the Faith.

    c) These same regulations are binding on priests of the Oriental rite migrating into areas not under the juris­diction of the Congregation for the Oriental Church, likewise without prejudice to the laws and rights of this same Congregation for the Oriental Church.

3. a) 1. The Consistorial Congregation alone can authorize priests to migrate from Europe or Mediterranean regions to other lands overseas. This applies regardless of any length of time they wish to be gone, whether it be brief or long, indefinite or permanent. Such authorization may be merely for departure or for a brief residence in the new country, or for a more prolonged residence there.

        2. Nuncios, Internuncios and Apostolic Delegates may grant this permission to priests of that nation where they regularly fulfill their assignments, provided that this faculty has been granted and reserved to them.

    b) 1. The priests referred to in a) 1. must obtain permission and comply with all other regulations before being incardinated into the new diocese overseas.

        2. This permission is also necessary for religious priests unless it is a matter of their going, on orders of their superiors, to another house of their order. Similarly, religious excloistered need it, during the time of their exclaustration; also, religious who have been "secularized," whether they have been accepted outright by a friendly bishop or simply on a trial basis.

    c) This permission, without prejudice to the other requirements of the decree Magni Semper Negotii, is not to be granted unless it is certain that there are:

              1.    The testimonials of good conduct of the petitioner;

2.    a proper and reasonable motive for migration;

3.    consent both of the bishop of the place he is leaving, or of his superior in the case of a religious, and of the bishop to whose diocese he is going;

4.    an indult from the Congregation of the Council, if it is a case of a pastor to be absent more than two months from his parish.

    d) Priests, whether secular or religious, who have obtained permission to migrate to an overseas country, must obtain new permission if they wish to go to still another country, even in that same continent.

    e) Priests who, disregarding these rules, heedlessly and boldly migrate, shall incur the penalties of the decree Magni Semper Negotii.

4. An apostolic indult to establish special nationality parishes for the benefit of immigrants can, according to Canon 216, 4 of the Code of Canon Law, be granted only by the Consistorial Congregation.

5. a) It is likewise the Consistorial Congregation which has the right:

1.  After first reviewing the applicant's previous life, morals and fitness, and making sure of the Ordinary's consent, then to grant permission to priests, whether they be secular or religious who now desire to dedicate themselves to the religious care of migrants of their own nationality or language, or to the care of people who may be travelling by sea or who, for many reasons, may be aboard ships or who are attached to ships, in whatever capacity. Likewise, the said Congregation has the right to appoint, by special rescript, priests as missionaries to migrants or as chaplains aboard ships; similarly, to assign their destinations, to transfer them, to accept their resignations, and in a proper case, to dismiss them.

              2. To choose and appoint in any nation Moderators or Directors of Missionaries for migrants of the same nationality or language.

               3. To direct and supervise all these priests, whether through the local Ordinaries or the Delegate for Migration Affairs, or other ecclesiastics delegated for this task.

    b) 1. If the rescript mentioned in a) 1. is granted, notice must be sent to both the Ordinaries, the Ordinary from whom and the Ordinary to whom the priest is going.

          2. The Consistorial Congregation must not delay in notifying bishops of the appointments of moderators or directors for their nations or territories.

6. a) We approve with our authority the special committees or episcopal commissions set up in many European and American countries for the spiritual aid of migrants, and wish that these timely committees be set up also in other areas. We have, therefore, decided that the priests appointed by Bishops to serve as Secretaries of these committees may be named Directors of Migration Affairs, each for his own country, by the Consistorial Congregation.

    b) Where this type of committee has not yet been established, the Consistorial Congregation may choose a director from among the priests presented by the Bishops of the country.

7. a) In order to facilitate the work of assisting emigrants, we hereby establish and institute, in the offices of our Consistorial Congregation, a Supreme Council on Migration.

   b) The president of this Council will be the Assessor of the same Congregation. Its secretary will be the Delegate for Migration Affairs.

    c) The following may be members of this Council;

        1. Those priests who in their own country or region either serve as secretaries of the episcopal commissions for the spiritual care of immigrants or are otherwise engaged, at the direction of their bishops, in this type of spiritual care.

        2. Those priests, whether secular or regular, resident in Rome who seem outstanding because of their knowledge of this field and their zeal for souls.

8. a) We also establish within the Consistorial Con­gregation another agency, the General International Secretariate, to direct the work of the Apostolate of the Sea. The chief work of this Apostolate is to promote the spiritual and moral welfare of maritime people, that is, of both those who board ships as officers and those who go as crew members, together with those who are employed in ports to prepare railings.

   b) The Assessor of the Consistorial Congregation shall direct this Secretariate as its president. The Delegate for Migration Affairs shall be its secretary.

    c) The following may be chosen as members of the Seeretariate:

        1. Those ecclesiastics who in each country have been appointed as Directors of such work by the bishops.

        2. Other priests who, having worked notably in the development of this work, are recommended by proper testimonials.