Code of Canon Law: text (original) (raw)

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° theEpiscopal Conference in its own territory, for national associations which by their very establishment are intended for work throughout the whole nation;

3° thediocesan Bishop, each in his own territory, but not the diocesan Administrator, for diocesan associations, with the exception, however, of associations theright to whose establishment is reserved to others by apostolic privilege.

§2 Thewritten consent of the diocesan Bishop is required for the valid establishmentof 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 givenby 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 attachedto it, of an association which is proper to that institute.

Can.313 A public association or a confederation of public associations isconstituted a juridical person by the very decree by which it is established by the authority competent in accordance with can. 312. Moreover, insofar as isrequired, 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 theauthority which, in accordance with can. 312 §1, is competent to establish theassociation; 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 defectedfrom ecclesiastical communion, or upon whom an excommunication has been imposedor 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, inaccordance with the statutes of the association, without prejudice to theirright 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 orecclesiastical assistant, after consulting the senior officials of theassociation, wherever this is expedient.

§2 The normof §1 is also valid for associations which members of religious institutes, byapostolic privilege, establish outside their own churches or houses. Inassociations which members of religious institutes establish in their ownchurch or house, the appointment or confirmation of the moderator and chaplain belongs to the Superior of the institute, in accordance with the statutes.

§3 Thelaity can be moderators of associations which are not clerical. The chaplain orecclesiastical 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 moderatorsin public associations of the faithful which are directly ordered to theexercise of the apostolate.

Can.318 §1 In special circumstances, when serious reasons so require theecclesiastical authority mentioned in can. 312 §1 can appoint a commissioner todirect the association in his name for the time being.

§2 Themoderator of a public association may be removed for a just reason, by theperson who made the appointment or the confirmation, but the Moderator himself and the senior officials of the association must be consulted, in accordancewith the statutes. The chaplain can, however, be removed by the person whoappointed 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 Theassociation must also faithfully account to the same authority for thedisbursement of contributions and alms which it has collected.

Can.320 §1 Associations established by the Holy See can be suppressed only by theHoly See.

§2 Forgrave reasons, associations established by the Episcopal Conference can besuppressed by it. The diocesan Bishop can suppress those he has established, and also those which members of religious institutes have established byapostolic indult with the consent of the diocesan Bishop.

§3 A public association is not to be suppressed by the competent authority unless themoderator and other senior officials have been consulted.