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Classification criteria for collegial bodies of authority

The Notion and Kinds of Organs of Power in a Particular Church

3. Classification of collegial organs of authority in a particular Church

3.1 Classification criteria for collegial bodies of authority

Collegial organs in a particular Church can be divided using the follo- wing criteria.

3.1.1 With respect to the kind of particular Church

With respect to the kind of particular Church, one has to distinguish:32 a) collegial organs, featured only in dioceses (the episcopal council [can.

29 In Decree on the Apostolate of the Laity Apostolicam actuositatem, Vatican II encourages the establishment of other collegial organs in dioceses, which would support the apostolic ac-tivity of the Church in its evangelisation and sanctifying mission, charity and social work. The main objective of such councils is the coordination of various activities and the work of associa-tions managed by the laity (AA 26).

30 This is not be confused with Caritas Internationalis. This council is primarily intended to examine the current needs and opportunities of charity work, at the parochial and diocesan level. More on this in: W. Przygoda, Funkcja charytatywna Kościoła po Soborze Watykańskim II, Lublin 1998, 144–148.

31 W. Góralski, Wydziały i referaty duszpasterskie kurii diecezjalnej, Struktura i zadania kurii diecezjalnej, 119–134.

32 Whether we have in mind a typical particular Church (a diocese [can. 369]), or one likened to a diocese, e.g. an apostolic vicariate (can. 371).

471, §4]), b) collegial organs, appearing only on missions (e.g. the council of the mission in an apostolic vicariate and in an apostolic prefecture [can.

495, §2]) or only in a territorial abbacy (a council, see can. 627), and c) col-legial organs which can be established in dioceses and particular Churches on mission territories (in a diocese, for example, a pastoral council is facul-tative [can. 511] but obligatory on missions).

3.1.2 With respect to the competence

Among the competences, i.e. functions that a collegial organ is to ful-fil with relation to the diocesan bishop or another superior in a particular Church, we distinguish: 1) representative, 2) consultative, 3) governance, 4) liturgical, 5) creative, 6) coordination, and 7) mediation competences.

With regard to representative function, we distinguish: a) organs rep-resenting the diocesan presbyterium (e.g. presbyteral council [can. 495]), b) organs representing a whole community of the People of God, that is one that constitutes a particular Church (e.g. a pastoral council [can. 512], and diocesan synod [can. 460]).

With respect to consultative function, we distinguish: a) consultative or-gans that have counselling competence (e.g. a presbyteral council [can. 500,

§2] or pastoral council [can. 514]), b) organs that have competence to ex-press consent (e.g. a finance council [can. 1277], college of consultors [can.

1292, §1], and the council of the mission [can. 502, §4]).

With regard to governance competence, we distinguish: a) consultative collegial organs, i.e. those participating in the issuance of governance acts only at the preliminary stage (e.g. a pastoral council [can. 514], episcopal council [can. 371, §4]); b) collegial organs with governance competence for the placement of governance acts that are ultimately binding (e.g. the college of consultors [cann. 419, 421], or cathedral chapter [can. 502, §3]).

With regard to liturgical functions, we distinguish: a) collegial organs whose task is to perform the more solemn liturgical functions (e.g. a cathe-dral or collegial chapter [can. 503]), and b) those organs which do not have a liturgical function (e.g. a diocesan finance council [cann. 492–494]).

With regard to creative competence, we distinguish: collegial organs which possess legal competences for creative actions (e.g. the college of consultors [can. 419], diocesan finance council [can. 423, §2]), and those which lack them (e.g. an episcopal council [can. 473, §4]).

With regard to coordinating function, we distinguish: collegial organs with coordinating competences (e.g. an episcopal council [can. 473, §4]) and those which lack them (e.g. a diocesan pastoral council [can. 511]).

With regard to mediating function, we distinguish: organs with media-tion competences (e.g. a mediamedia-tion council [can. 1733, §2]), and those which do not have them (e.g. a diocesan pastoral council [can. 510]).

3.1.3 With respect to participation in the tasks of the Church

With regard to participation in the tasks fulfilled by the Church, we dis-tinguish: a) collegial organs participating in teaching (e.g. pastoral council [can. 511]), b) collegial bodies participating in governance (e.g. college of consultors [can. 419]), finance council [can. 1292]), and c) collegial organs participating in sanctification (e.g. chapter of canons [can. 503]).

3.1.4 With respect to the method of establishment

With regard to the way the collegial organs are established, we distin-guish: a) collegial bodies created by way of choice only (e.g. group of pastor consultors [can. 1742]); b) collegial organs created by nomination (e.g. the college of consultors [can. 502], diocesan finance council [can. 492, §1]); c) collegial organs created ex officio (e.g. episcopal council [can. 371, §4]); d) collegial organs established in a mixed manner, i.e. their members belong to this body for three reasons: they were formally appointed, they hold a particular office, and they were nominated (e.g. presbyteral council [can.

497], diocesan pastoral council [can. 512] and diocesan synod [can. 460]).

3.1.5 With respect to membership in a collegial organ

With regard to membership in a collegial organ, we distinguish: a) or-gans whose members are clerics only, e.g. a presbyteral council (can. 495), college of consultors (can. 502), team of pastor consultors (can. 1742); b) mixed organs consisting of clerics and lay persons: diocesan pastoral coun-cil (can. 512), or diocesan finance council (can. 492).

3.1.6 With respect to possible circumstances of a particular Church

With regard to possible circumstances in which a particular Church might find herself, we distinguish: a) organs active only under sede plena:

presbyteral council (can. 495) and pastoral council (can. 513, §2); b) organs operating also in extraordinary situations of sede impedita and sede vacante (cann. 412–430), i.e. finance council (can. 423, §2), college of consultors (can.

419), and cathedral chapter (cann. 419; 502, §3).

3.1.7 With respect to the possibility of dissolution

With regard to the possibility of being dissolved while the office is oper-ative, we distinguish: a) collegial organs that can be dissolved, e.g. presby-teral council (can. 501, §3), episcopal council (can. 474, §4), diocesan synod (can. 468); b) organs that cannot be dissolved, e.g. college of consultors (can.

502) and group of pastor consultors (can. 1742).

3.1.8 With respect to the obligation to establish an organ of authority

With regard to the obligation of establishment, we need to distinguish:

a) facultative organs, e.g. episcopal council (can. 371, §4) and diocesan synod (can. 461); b) obligatory organs, e.g. diocesan finance council (can.

492) and presbyteral council (can. 495).

3.1.9 With respect to the authority obliged to establish an organ of authority With respect to the authority which is obliged to establish an organ, we distinguish: a) bodies established by the superior of a particular Church (diocesan bishop, military ordinary, etc.), e.g. presbyteral council (can. 495), and b) organs established by another collegial organ, e.g. group of pastor consultors (can. 1742).

3.1.10 With respect to the person entitled to convoke a collegial organ and preside over it

With regard to the person entitled to constitute a collegial body and pre-side over it, we distinguish: a) organs which can be convoked only by the diocesan bishop and presided over by him or a person that he appoints, e.g.

pastoral council (can. 513); b) organs which can be convoked in extraordinary circumstances by the members of a given body or even third parties, and pre-sided over by one of the members, e.g. a college of consultors (cann. 413, 419).

3.1.11 With respect to the mode of operation

With regard to the mode of operation, we distinguish: a) collegial or-gans that always act collegially (can. 119), e.g. a presbyteral council (can.

500) and pastoral council (can. 511); b) organs in which only selected mem-bers perform certain actions (e.g. a group of pastor consultors [can. 1742] or college of consultors in a situation envisaged by can. 377, §3).

3.1.12 With respect to the object of competence

With regard to the object of competence, we distinguish: a) organs that deal only with the financial matters of a diocese, e.g. a diocesan finance coun-cil (can. 492), and an institution which is envisaged by can. 1274, §1; b) organs that deal only with pastoral matters, e.g. a diocesan pastoral council (can. 510);

c) organs whose task is to assist a bishop in all pastoral and financial matters, e.g. a college of consultors (cann. 525, 1277), or episcopal council (can. 473).

Having classified the collegial bodies with respect to individual criteria, particular collegial organs will be described here, first obligatory and then facultative ones.