Wednesday, November 5, 2014

Revised rules for bishops' resignations

During an audience granted to the Cardinal Secretary of State on November 3, 2014, the Holy Father, Pope Francis approved the process for the resignation of a Diocesan bishop or a bishop who has been appointed to a particular office by the Pope.

The Holy Father has also decided that what has been agreed to should remain valid, notwithstanding anything to the contrary which is worthy of particular mention, and shall be considered to be in effect from the date of its publication in L'Osservatore Romano on November 5, 2014 and subsequently in the official commentary Acta Apostolicae Sedis.

From the Vatican, November 3, 2014.
Pietro Cardinal Parolin
Secretary of State


Dispositions
on the resignations of Diocesan Bishops
and of titular Bishops with Pontifical appointments

The heavy weight of ordained ministry, intended as a service (diakonia) to the holy People of God, requires of those who are charged with its exercise, total commitment of their proper energies.  In particular, the role of a Bishop, faced with the challenges of modern society, necessitates great competence and ability in addition to human and spiritual gifts.

In this regard, the Fathers of the Second VAtican Council said in the decree Christus Dominus: Since the pastoral office of bishops is so important and weighty, diocesan bishops and others regarded in law as their equals, who have become less capable of fulfilling their duties properly because of the increasing burden of age or some other serious reason, are earnestly requested to offer their resignation from office either at their own initiative or upon the invitation of the competent authority. If the competent authority should accept the resignation, it will make provision both for the suitable support of those who have resigned and for special rights to be accorded them (CD, 21).

Responding to the invitation which the Second Vatican Council had expressed, my predecessor, Blessed Paul VI promulgated on August 6, 1966 the Motu proprio Ecclesiae Sanctae (AAS 58 (1966) 757-787) which in number 11 of the First Part earnestly invited bishops and others to be prepared to spontaneously present, no later than their 75th birthday, their resignation from pastoral office.  These dispositions were then reiterated in Canons 401-402 and Canon 411 of the Code of Canon Law, and in Canons 210-211, 218 and 313 of the Code of Canons of the Oriental Churches.

The same criterion was also followed in relation to the functions of Cardinals outlined in the Motu proprio Ingravescentem aetatem published by Blessed Paul VI on November 21, 1970 (AAS 62 (1970) 810-813) and more generally in relation to the functions of Bishops who exercise their service in the Roman Curia, with the wise dispositions which Saint John Paul II wished to insert in article 5 of the Apostolic Constitution Pastor Bonus published on June 28, 1988 (AAS 80 (1988) 841-930; cf also Canon 354 of the Code of Canon Law).

Taking into consideration all of the above, and upon the recommendation of the Council of Cardinals who assist the Holy Father with the preparation of the reforms of the Roman Curia and the government of the Church, the following has been prepared:

Article 1: The discipline currently in force in the Latin Church and in the various Eastern Churches sui iuris is confirmed, according to which the diocesan Bishops and Eparchs, according to how they are treated in Canon 381, paragraph 2 of the Code of Canon Law and Canon 313 of the Code of Canons of the Oriental Churches, as well as coadjutor and auxiliary bishops, are invited to present their respective resignations from pastoral office to the age of seventy-five years.

Article 2: The resignation from the said pastoral offices takes effect only at the moment when it is accepted by the legitimate authority.

Article 3: With the acceptance of the resignation by the aforesaid offices, parties concerned also cease to hold other offices at national levels, conferred for a determined period of time in relation to that pastoral charge.

Article 4: Worthy of the Church's appreciation is the gesture of those who, motivated by love and a desire to better serve the community, consider it necessary due to illness or other grave motivation to renounce the office of Shepherd before reaching the age of seventy-five years.  In these cases, the faithful are called to demonstrate solidarity and understanding for the one who has served as their Pastor, punctually assisting him according to the exigences of charity and justice, according to the prescripts of the Code of Canon Law (CIC, 402, paragraph 2).

Article 5: In some particular circumstances, the competent Authority may deem it necessary to ask a Bishop to present his resignation from the pastoral office, after having made known the reasons for such a request and having attentively listened to his reasoning, in a spirit of fraternal dialogue.

Article 6: Cardinals who are Heads of Dicasteries of the Roman Curia and other Cardinals who hold office according to pontifical appointment are also compelled, upon reaching their seventy-fifth year of age, to present their respective resignations from office to the Pope, who having considered everything else, will proceed.

Article 7: Heads of Dicasteries of the Roman Curia who are not Cardinals, Secretaries and Bishop who hold other offices according to pontifical appointment cease to hold their respective offices upon attaining their 75th year of age; Members having reached the age of eighty years, those who belong to a Dicastery by reason of another charge arising from this charge, will also cease to be Members.

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