Canon Law

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puzzledcatholic

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What is the number and description of the Canon Law that gives the Pastor the sole authority to hire and fire, and to run his parish school, gym, and Church in whatever manner he chooses? I know this is true but lack the knowledge of the # of the law and the and latin phrase that names it as well as an English translation of this law.
Thank you to anyone who can help.
 
This is not a matter of Canon Law, but of State employment law.

The Catholic Church is arranged into dioceses, each of which is regarded as a legal entity. The diocese has complete authority to hire and fire and is legally responsible for anything that goes on in the Church’s name within diocesan boundaries. This authority is usually delegated to the Parish priest or parochial administrator - although the diocese has powers to overrule him.

The Church is a theocratic hierarchy. Provided our pastors keep within the framework of rules, the laity do what they are told. If a pastor steps outside of the limits, there are procedures for appealing to the bishop or to Rome. What did you want - democracy? That was Luther’s error.
 
The internal governance of the Church is a matter of canon Law

Can. 514 §1. A pastoral council possesses only a consultative vote. It belongs to the diocesan bishop alone to convoke it according to the needs of the apostolate and to preside over it; it also belongs to him alone to make public what has been done in the council.
 
There should have been more to that last post. The canons regulating Parish life are given from about canon 511 to about canon 550.
 
charliedrake said:
What does Jesus and the bible say about Canon law??
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“Whatever you bind on earth is bound in heaven, whatever you loose on earth is loosed in heaven…”

To “bind” or “loose” are Jewish legal terms of Rabbinical authority to forbid or allow things.
 
What is the number and description of the Canon Law that gives the Pastor the sole authority to hire and fire, and to run his parish school, gym, and Church in whatever manner he chooses? I know this is true but lack the knowledge of the # of the law and the and latin phrase that names it as well as an English translation of this law.
Thank you to anyone who can help.
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Can. 519 The parish priest is the proper pastor of the parish entrusted to him. He exercises the pastoral care of the community entrusted to him under the authority of the diocesan Bishop, whose ministry of Christ he is called to share, so that for this community he may carry out the offices of teaching, sanctifying and ruling with the cooperation of other priests or deacons and with the assistance of lay members of Christ’s faithful, in accordance with the law.
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Canon 536 The “pastoral” council (according to the decree) has a threefold purpose. It (1) investigates pastoral matters, (2) ponders or reflects on them, and (3) reaches conclusions, conclusions that are recommended to the pastor. These Pastoral Councils have a “consultative only” vote.
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Also:
Ecclesiae de mysterio
On certain questions regarding the collaboration of the non-ordained faithful in the Sacred ministry of the priest
by eight dicasteries of the Holy See
August 15, 1997
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Article 5
The Structures of Collaboration in the Particular Church
These structures, so necessary to that ecclesial renewal called for by the Second Vatican Council have produced many positive results and have been codified in canonical legislation. They represent a form of active participation in the life and mission of the Church as communion.
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  1. Diocesan and parochial Pastoral Councils (83) and Parochial Finance Councils,(84) of which non-ordained faithful are members, enjoy a consultative vote only and cannot in any way become deliberative structures. Only those faithful who possess the qualities prescribed by the canonical norms(85) may be elected to such responsibilities.
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  1. It is for the Parish Priest to preside at parochial councils. They are to be considered invalid, and hence null and void, any deliberations entered into, (or decisions taken), by a parochial council which has not been presided over by the Parish Priest or which has assembled contrary to his wishes.(86)
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The Pastor is in charge. His role is to teach, sanctify, and govern. He can allow the laity to have a consultative role in a Pastoral Council, but he must be the Presider and he does not have to follow their advice. If he is not the Presider at any Pastoral Council, anything decided is invalid, therefore null and void. Any Constituation that does not follow Canon Law is therefore null and void.
 
jimrob said:
This is not a matter of Canon Law, but of State employment law.
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You say this, but then you ignore state law and proceed to explain Church structure governed by canon law.:confused: While in general you are right about the diocese being the legal entity, I seem to recall that for some purposes parishes also serve as “legal persons.” NewEnglandPries may have more insight on this.

I will add that it is not always the case under civil law that the pastor or church can hire or fire at will. For instance, I don’t think the pastor could decide to fire all Hispanic employees of the parish church and school, simply on the basis of their ethnicity. This would violate federal anti-discrimination law. There is a religious exemption to this law, so churches are not held as strictly to its regulations, but it would be hard to argue a religious purpose to this action. The extent of this exemption is currently under consideration by the US Supreme Court in the case Hosanna-Tabor v. EEOC.
 
Courts will look into whether a religious posiiton is sincerely held, but not into the correctness of the belief in that religion.

It won ld be very difficult for a Catholic priest to sincerely hold a racist belief . . .

hawk, esq.
 
dochawk said:
Courts will look into whether a religious posiiton is sincerely held, but not into the correctness of the belief in that religion.
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So are you saying that if a priest fired all Hispanics and truly believed he had religious grounds to do so, it wouldn’t matter to a court that those grounds were completely at odds with the Church?
 
puzzledcatholic said:
What is the number and description of the Canon Law that gives the Pastor the sole authority to hire and fire, and to run his parish school, gym, and Church in whatever manner he chooses? I know this is true but lack the knowledge of the # of the law and the and latin phrase that names it as well as an English translation of this law.
Thank you to anyone who can help.
Click to expand...
Can. 519 The pastor (parochus) is the proper pastor (pastor) of the parish entrusted to him, exercising the pastoral care of the community committed to him under the authority of the diocesan bishop in whose ministry of Christ he has been called to share, so that for that same community he carries out the functions of teaching, sanctifying, and governing, also with the cooperation of other presbyters or deacons and with the assistance of lay members of the Christian faithful, according to the norm of law.

Can. 532 In all juridic affairs the pastor represents the parish according to the norm of law. He is to take care that the goods of the parish are administered according to the norm of ⇒ cann. 1281-1288.

The pastor cannot run the parish in “whatever manner he chooses” but only according to what is required by canon law.
 
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