to appreciate the importance of sharing, respect and love in the spirit of the
Gospel of Christ. The Church's charitable activity at all levels must avoid
the risk of becoming just another form of organised social assistance.
"The organised charitable initiatives promoted by the faithful in various
places differ widely one from the other, and call for appropriate management.
In a particular way, the work of Caritas has expanded at the parish, diocesan,
national and
international levels. Caritas is an institution promoted by the ecclesiastical
Hierarchy which has rightly earned the esteem and trust of the faithful and of
many other people around the world for its generous and consistent witness of
faith and its
concrete ability to respond to the needs of the poor. In addition to this
broad initiative, officially supported by the Church's authority, many other
initiatives have arisen in different places from the free enterprise of the
faithful, who themselves
wish to help in various ways to offer a concrete witness of charity towards
those in need. While differing in their origin and juridical status, both are
expressions of sensitivity and a desire to respond to the same pressing
need.
"The Church as an institution is not extraneous to those organised
initiatives which represent a free expression of the concern of the baptised
for individuals and peoples in need. The Church's Pastors should always
welcome these initiatives as a
sign of the sharing of all the faithful in the mission of the Church; they
should respect the specific characteristics and administrative autonomy which
these initiatives enjoy, in accordance with their nature, as a manifestation
of the freedom of the
Subject: VISnews121203
From: Vatican Information Service - Eng - txt
baptised.
"Alongside these, the Church's authority has, on its own initiative,
promoted specific agencies which provide institutionally for allocating
donations made by the faithful, following suitable legal and administrative
methods which allow for a more
effective response to concrete needs.
"Nevertheless, to the extent that such activities are promoted by the
Hierarchy itself, or are explicitly supported by the authority of the Church's
Pastors, there is a need to ensure that they are managed in conformity with
the demands of the
Church’s teaching and the intentions of the faithful, and that they
likewise respect the legitimate norms laid down by civil authorities. In view
of these requirements, it became necessary to establish in the Church’s
law certain essential
norms inspired by the general criteria of canonical discipline, which would
make explicit in this sector of activity the legal responsibilities assumed by
the various subjects involved, specifying in particular the position of
authority and coordination
belonging to the diocesan Bishop. At the same time, the norms in question need
to be broad enough to embrace the significant diversity of the institutions of
Catholic inspiration which are engaged as such in this sector,
whether those originating from the Hierarchy or those born of the direct
initiative of the faithful, received and encouraged by the local Pastors.
While it was necessary to lay down norms in this regard, there was also a need
to consider the
requirements of justice and the responsibility of Bishops before the faithful,
with respect for the legitimate autonomy of each institution.
Dispositive Part
"Consequently, upon the proposal of the Cardinal President of the
Pontifical Council Cor Unum, and after consultation with the Pontifical
Council for Legislative Texts, I establish and decree the following:
"Art. 1. - § 1. The faithful have the right to join in associations
and to establish agencies to carry out specific charitable services,
especially on behalf of the poor and suffering. To the extent that these are
linked to the charitable
service of the Church's Pastors and/or intend to use for this purpose
contributions made by the faithful, they must submit their own Statutes for
the approval of the competent ecclesiastical authority and comply with the
following norms.
§ 2. Similarly, it is also the right of the faithful to establish
foundations to fund concrete charitable initiatives, in accordance with the
norms of canons 1303 of the Code of Canon Law (CIC) and 1047 of the Code of
Canons of the Eastern
Churches (CCEO). If foundations of this type correspond to the characteristics
set forth in § 1, they will also observe, congrua congruis referendo, the
provisions of the present law.
§ 3. In addition to observing the canonical legislation, the
collective charitable initiatives to which this Motu Proprio refers are
required to follow Catholic principles in their activity and they may not
accept commitments which could in any
way affect the observance of those principles.
§ 4. Agencies and foundations for charitable purposes promoted by
Institutes of Consecrated Life and Societies of Apostolic Life are required to
comply with these norms, and they must follow the prescriptions of canons 312
§ 2 CIC and 575
§ 2 CCEO.
"Art. 2. - § 1. The Statutes of each charitable agency referred to in
the preceding article must also contain, in addition to its institutional
offices and structures of governance in accordance with canon 95 § 1 CIC,
the guiding principles
and objectives of the initiative, the management of funds, the profile of its
workers, as well as the reports and information which must be presented to the
competent ecclesiastical authority.
§ 2. A charitable agency may use the name 'Catholic' only with the
written consent of the competent authority, as laid down by canon 300 CIC.
§ 3. Agencies promoted by the faithful for charitable purposes can
have an Ecclesiastical Assistant appointed in accordance with the Statutes,
according to the norm of canons 324 § 2 and 317 CIC.
§ 4. At the same time, the ecclesiastical authority must bear in mind
its duty to regulate the exercise of the rights of the faithful in accordance
with canons 223 § 2 CIC and 26 § 3 CCEO, and thus to avoid the
proliferation of
charitable initiatives to the detriment of their activity and effectiveness
with regard to their stated goals.
"Art. 3. - § 1. With regard to the preceding articles, it is
understood that the competent authority at the respective levels is that
indicated by canons 312 CIC and 575 CCEO.
§ 2. For agencies not approved at the national level, even though they
operate in different Dioceses, the competent authority is understood to be the
diocesan Bishop of the place where the agency has its principal office. In any
event, the
agency has the duty to inform the Bishops of other Dioceses where it operates
and to respect the guidelines for the activities of the various charitable
agencies present in those Dioceses.
"Art. 4. § 1. The diocesan Bishop exercises his proper pastoral
solicitude for the service of charity in the particular Church entrusted to
him as its Pastor, guide and the one primarily responsible for that
service.
§ 2. The diocesan Bishop encourages and supports the initiatives and
works of service to neighbour in his particular Church, and encourages in the
faithful the spirit of practical charity as an expression of the Christian
life and sharing in the
mission of the Church, as indicated in canons 215 and 222 CIC and 25 and 18
CCEO.
§ 3. It is the responsibility of the diocesan Bishop to ensure that in
the activities and management of these agencies the norms of the Church's
universal and particular law are respected, as well as the intentions of the
faithful who made
donations or bequests for these specific purposes.
"Art. 5. - The diocesan Bishop is to ensure that the Church enjoys the
right to carry out charitable activities, and he is to take care that the
faithful and the institutions under his supervision comply with the legitimate
civil legislation in this
area.
"Art. 6. – It is the responsibility of the diocesan Bishop, as
indicated by canons 394 § 1 CIC and 203 § 1 CCEO, to coordinate
within his territory the different works of charitable service, both those
promoted by the Hierarchy itself
and those arising from initiatives of the faithful, without prejudice to their
proper autonomy in accordance with their respective Statutes. In particular,
he is to take care that their activities keep alive the spirit of the
Gospel.
"Art. 7. - § 1. The agencies referred to in Article 1 § 1 are
required to select their personnel from among persons who share, or at least
respect, the Catholic identity of these works.
§ 2. To ensure an evangelical witness in the service of charity, the
diocesan Bishop is to take care that those who work in the Church's charitable
apostolate, along with due professional competence, give an example of
Christian life and witness
to a formation of heart which testifies to a faith working through charity. To
this end, he is also to provide for their theological and pastoral formation,
through specific curricula agreed upon by the officers of various agencies and
through suitable
aids to the spiritual life.
"Art. 8. – Wherever necessary, due to the number and variety of
initiatives, the diocesan Bishop is to establish in the Church entrusted to
his care an Office to direct and coordinate the service of charity in his
name.
"Art. 9. - § 1. The Bishop is to encourage in every parish of his
territory the creation of a local Caritas service or a similar body, which
will also promote in the whole community educational activities aimed at
fostering a spirit of sharing
and authentic charity. When appropriate, this service is to be established
jointly by various parishes in the same territory.
§ 2. It is the responsibility of the Bishop and the respective parish
priest to ensure that together with Caritas, other charitable initiatives can
coexist and develop within the parish under the general coordination of the
parish priest, taking
into account, however, the prescriptions of Article 2 § 4 above.
§ 3. It is the duty of the diocesan Bishop and the respective parish
priests to see that in this area the faithful are not led into error or
misunderstanding; hence they are to prevent publicity being given through
parish or diocesan structures
to initiatives which, while presenting themselves as charitable, propose
choices or methods at odds with the Church's teaching.
"Art. 10. - § 1. It is the responsibility of the Bishop to supervise
the ecclesiastical goods of the charitable agencies subject to his
authority.
§ 2. It is the duty of the diocesan Bishop to ensure that the proceeds
of collections made in accordance with canons 1265 and 1266 CIC and canons
1014 and 1015 CCEO are used for their stated purposes.
§ 3. In particular, the diocesan Bishop is to ensure that charitable
agencies dependent upon him do not receive financial support from groups or
institutions that pursue ends contrary to Church's teaching. Similarly, lest
scandal be given to the
faithful, the diocesan Bishop is to ensure that these charitable agencies do
not accept contributions for initiatives whose ends, or the means used to
pursue them, are not in conformity with the Church's teaching.
§ 4. In a particular way, the Bishop is to see that the management of
initiatives dependent on him offers a testimony of Christian simplicity of
life. To this end, he will ensure that salaries and operational expenses,
while respecting the
demands of justice and a necessary level of professionalism, are in due
proportion to analogous expenses of his diocesan Curia.
§ 5. To permit the ecclesiastical authority mentioned in Article 3
§ 1 to exercise its duty of supervision, the agencies mentioned in
Article 1 § 1, are required to submit to the competent Ordinary an annual
financial report in a way
which he himself will indicate.
"Art. 11. – The diocesan Bishop is obliged, if necessary, to make
known to the faithful the fact that the activity of a particular charitable
agency is no longer being carried out in conformity with the Church’s
teaching, and then to
prohibit that agency from using the name 'Catholic' and to take the necessary
measures should personal responsibilities emerge.
"Art. 12. - § 1. The diocesan Bishop is to encourage the national and
international activity of the charitable agencies under his care, especially
cooperation with poorer ecclesiastical circumscriptions by analogy with the
prescriptions of
canons 1274 § 3 CIC and 1021 § 3 CCEO.
§ 2. Pastoral concern for charitable works, depending on circumstances
of time and place, can be carried out jointly by various neighbouring Bishops
with regard to a number of Churches, in accordance with the norm of law. When
such joint
activity is international in character, the competent Dicastery of the Holy
See is to be consulted in advance. For charitable initiatives on the national
level, it is fitting that the Bishop consult the respective office of the
Bishops’
Conference.
"Art. 13. – The local ecclesiastical authority retains the full right
to give permission for initiatives undertaken by Catholic agencies in areas of
his jurisdiction, with due respect for canonical norms and the specific
identity of the
individual agencies. It is also the duty of the Bishop to ensure that the
activities carried out in his Diocese are conducted in conformity with
ecclesiastical discipline, either prohibiting them or adopting any measures
needed in cases where that
discipline is not respected.
"Art. 14. – Where appropriate, the Bishop is to promote charitable
initiatives in cooperation with other Churches or Ecclesial Communities,
respecting the proper identity of each.
"Art. 15. - § 1. The Pontifical Council Cor Unum has the task of
promoting the application of this legislation and ensuring that it is applied
at all levels, without prejudice to the competence of the Pontifical Council
for the Laity with regard
to associations of the faithful as provided for in Article 133 of the
Apostolic Constitution Pastor Bonus, the competence of the Secretariat of
State’s Section for Relations with States, and the general competences
of other Dicasteries and
Institutes of the Roman Curia. In particular, the Pontifical Council Cor Unum
is to take care that the charitable service of Catholic institutions at the
international level is always to be carried out in communion with the various
local Churches.
§ 2. The Pontifical Council Cor Unum is also competent for the
canonical establishment of charitable agencies at the international level; it
thus takes on the responsibilities of discipline and promotion entailed by
law.
"I order that everything I have laid down in this Apostolic Letter issued
Motu Proprio be fully observed, notwithstanding anything to the contrary, even
if worthy of particular mention, and I decree that it be promulgated by
publication in the daily
newspaper L’Osservatore Romano and enter into force on 10 December
2012".
___________________________________________________________
SENTENCE OF THE VATICAN TRIBUNAL IN THE CLAUDIO SCIARPELLETTI TRIAL
Vatican City, 1 December 2012 (VIS) - This morning the Tribunal of Vatican
City State issued its sentence in the trial against Claudio Sciarpelletti,
charged with complicity in the "Vatileaks" case:
"The Tribunal rules that the defendant Claudio Sciarpelletti is guilty of
the offence of assisting in the elusion of the investigations by the
Authorities and therefore sentences him to prison for four months.
"Pursuant to Article 26 of the Law of 21 June 1969, in view of the
accused's service record and lack of previous convictions, the Tribunal
reduces the sentence to imprisonment for two (2) months; pursuant to Article 9
of the Law of 21 June 1969;
orders the suspension of the sentence for a period of five years, according to
the conditions of law; in the light of Article 427 of the Penal Code, orders
the suspension of mention of the sentence on the record of previous offences
until such time as
the accused commits further offence; pursuant to Articles 39 of the Penal Code
and 429 of the Code of Penal Procedure, orders Claudio Sciarpelletti to defray
the costs of the trial and reimburses him the sum of one thousand euros he had
deposited as
bail".
The sentence was deposited on 1 December 2012 and signed by Giuseppe Dalla
Torre, president; Paolo Papanti-Pelletier, reporting judge; Venerando Marano,
judge; and Raffaele Ottaviano, substitute registrar.
___________________________________________________________
THE HOLY FATHER'S SPECIAL ENVOYS
Vatican City, 1 December 2012 (VIS) - Today it was made public that the
Pope has appointed Cardinal Franc Rode C.M., prefect emeritus for the
Congregation for the Institutes of Consecrated Life and the Societies of
Apostolic Life, as his special
envoy to the closing celebrations of the 550th anniversary of the archdiocese
of Ljubjuana, Slovenia, which will be held on Sunday 9 December. The cardinal
will be accompanied by two prelates from the archdiocese of Ljubjuana, Msgr.
Anton Slabe, member
of the Cathedral Chapter, and head of the eleventh Archdiaconate of the
Archdiocese and judge at the metropolitan ecclesiastical tribunal, and Msgr.
Stanislaw Zidar, head of the Commission for archdiocesan pastoral care of
parish councils.
Today it was also made public that the Pope has nominated Cardinal
Guadencio B. Rosales, archbishop emeritus of Manila (Philippines) as his
special envoy to the tenth Plenary Assembly of the Federation of Asian
Bishops' Conferences (FABC), which will
take place in the diocesan pastoral centre of Xuan Loc, Vietnam, from 11 to 16
December and will close with a ceremony in Ho Chi Minh City cathedral. The
mission accompanying the cardinal will be composed of Msgr. Peter Nguyen Van
Tai, Vietnamese, head
of Radio Veritas Asia based in Quezon City, Philippines, and Fr. Antonio
Maralit, Philippino, parish priest of San Francisco de Sales in the
archdiocese of Lipa, Philippines.
___________________________________________________________
AUDIENCES
Vatican City, 3 December 2012 (VIS) - The Holy Father today received in
audience eight prelates from the Episcopal Conference of France on their "ad
limina" visit:
- Archbishop Robert Le Gall O.S.B., of Toulouse.
- Archbishop Jean Legrez O.P., of Albi.
- Archbishop Maurice Gardes of Auch.
- Bishop Norbert Jose Henri Turini of Cahors.
- Bishop Bernard Ginoux of Montauban.
- Bishop Philippe Mousset of Pamiers.
- Bishop Francois Fonlupt of Rodez.
- Bishop Nicolas Brouwet of Tarbes et Lourdes.
On Saturday 1 December 2012, the Holy Father received in audience eight
prelates from the Episcopal Conference of France on their "ad limina"
visit:
- Archbishop Georges Pontier of Marseilles.
- Archbishop Christophe Dufour of Aix.
- Bishop Olivier de Germay of Ajaccio.
- Archbishop Jean-Pierre Cattenoz of Avignon.
- Bishop Francois-Xavier Loizeau of Digne.
- Bishop Dominique Rey of Frejus-Toulon.
- Bishop Jean-Michel di Falco Leandri of Gap.
- Bishop Louis Sankale of Nice.
___________________________________________________________
OTHER PONTIFICAL ACTS
Vatican City, 1 December 2012 (VIS) - The Holy Father:
- Appointed Bishop Luigi Negri, bishop of San Marino-Montefeltro, as
archbishop of Ferrara-Comacchio, (area 3,138, population 276,000, Catholics
272,000, priests 173, permanent deacons 12, religious 282), Italy. He succeeds
Archbishop Paolo Rabitti,
whose resignation from the pastoral care of the same archdiocese the Holy
Father accepted, upon having reached the age limit.
- Accepted the resignation from the archdiocese of Kota Kinabalu, Malaysia,
presented by Archbishop John Lee Hiong Fun-Yit Yaw upon having reached the age
limit. He is succeeded by Coadjutor Archbishop John Wong Soo Kau.
- Appointed Fr. Jean-Paul Vesco, O.P., provincial superior of the
Dominicans in France, as bishop of Oran (area 77,353, population 8,304,000,
Catholics 800, priests 10, religious 47), Algeria. He succeeds Bishop Alphonse
Georger, whose resignation
from the pastoral care of the same diocese the Holy Father accepted, upon
having reached the age limit. The bishop-elect was born in Lyon, France in
1962 and ordained a priest in 1996. He was appointed vicar general of the
diocese of Oran in 2005. He
was elected superior of the Community of Dominicans in Tlemcen in 2007, and
provincial superior in France in 2011.
- Appointed Msgr. Antoni Stankiewicz as member of the Supreme Tribunal of
the Apostolic Signatura.
- Appointed Bishop Charles J. Scicluna of Malta as member of the
Congregation for the Doctrine of the Faith.
___________________________________________________________
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