Statute of the Diocesan Presbyteral Council

Statute of the Presbyteral Council

Article 1

The Presbyteral Council (P.C.) is established in the Archdiocese of Shkodër-Pult in accordance with canons 495 and 501 CIC and is governed by this Statute.

Nature and purposes

Article 2

The P.C. is a collegial body made up of a group of priests, diocesan and religious, who represent the whole presbyterate of the Archdiocese.

Article 3

The P.C. fosters and expresses the inner communion of the presbyterate with the Bishop and the brotherhood among the priests in a spirit of active solidarity.

It promotes and puts into practice, in a stable manner, concrete and effective cooperation in the pastoral activity of the Diocese.

Article 4

The P.C. has only a consultative vote. It is heard by the Bishop in matters of greater importance and when it must give its consent or advice (can. 127), in the cases provided for by the CIC (1).

Article 5

The P.C. can never act without the diocesan Bishop, nor can it in any way take the place of the responsibility of the Bishop, to whom alone it also belongs to make public the decisions taken (can. 500 § 2.3).

Duties

Article 6

It belongs to the P.C. “to assist the bishop in the governance of the diocese according to the norm of law, in order to promote as much as possible the pastoral good of the portion of the people of God entrusted to him” (can. 495 § 1).

Article 7

The Bishop proposes, or agrees to, the treatment of the more important questions concerning:

• 1. the life of priests: sanctification, ongoing formation and cultural updating, logistical, health and socio-economic circumstances;
• 2. the priestly ministry carried out for the benefit of the ecclesial community: evangelisation, catechesis, missionary activity, Catholic education, the means of social communication, worship, and the apostolate of human promotion and of charitable assistance;
• 3. the sanctification of the faithful: lay people, clerics, religious;
• 4. pastoral governance, in its various aspects, and the demands of service and of Christian charity;
• 5. the suggestion of norms that may need to be promulgated. The Bishop deals with the Council in the cases laid down by the CIC requiring the advice or the consent of the Council itself.

Limits

Article 8

The following do not fall within the competence of the P.C.: “matters which by their nature require confidentiality in the way they are handled”, or which may “harm the right of every person to protect his or her own privacy” (can. 220).

Prerogatives

Article 9

The P.C. has the right and the duty to take part with a consultative vote:

• a) in the Provincial Council, with two of its members designated collegially (can. 443 § 5);
• b) in the Diocesan Synod, with all its members (can. 463 § 1, no. 4);
• c) in the designation of two “parish priest consultors”, “Episcopo proponente” (can. 1742 § 1), for the examination of possible cases of the removal or transfer of a parish priest (can. 1750).

Article 10

From among the members of the P.C. the Bishop freely chooses 6 priests, forming with them, for a five-year term, the College of Consultors, with the duties determined by law (can. 502 § 1).

Members

Article 11

The P.C. is composed of:

• members freely elected by the presbyterate, according to the provisions of the canons (can. ….) and of this Statute;
• members by right, by reason of the office they hold;
• members freely appointed by the Bishop (can. 497). They serve to give the P.C. greater balance and to complete the representation of the various pastoral zones (can. 499), of the various ministries, or for specific areas of expertise.

Article 12

• a) Members by right are:
  the Vicar General
  the zonal Vicars

Article 13

The elected members are 7 priests, of whom:

• 4 from the diocesan clergy, distributed as follows: 1 for each pastoral zone
• 3 from the religious.

Elections

Article 14

The right to vote and to be elected belongs to:

• a) all secular priests incardinated in the Diocese;
• b) “Fidei Donum” priests of the diocesan clergy;
• c) religious priests residing and working in the Diocese (can. 498).

Term of office

Article 15

The P.C. remains in office for five years, at the end of which the members may be confirmed for a second five-year term, but no more, in order to encourage rotation and participation (can. 501 § 1).

Rotation applies to the members of the clergy elected or appointed by the Bishop, not to the members by right “ratione officii”, who automatically remain part of the P.C. for as long as they hold their office. On ceasing from their office, they automatically cease to belong to the P.C., and the new office-holders take their place by right.

Dissolution

Article 16

The Bishop may dissolve the P.C. if it “does not fulfil the function entrusted to it for the good of the diocese or gravely abuses it (…) but must establish it anew within a year” (can. 501 § 3).

Article 17

When the Episcopal See falls vacant, the P.C. ceases ipso iure and its functions are fulfilled by the College of Consultors (can. 501 § 2).

The President

Article 18

The President of the P.C. is the diocesan Bishop. As such he has the exclusive right:

• to convene the P.C.
• to preside over it
• to direct the conduct of its work by drawing up the agenda and setting out the matters and problems to be dealt with
• to accept questions proposed by the members (can. 500 § 1).

If he is impeded, the Bishop may have the P.C. presided over by the Vicar General or by a delegate of his appointed “ad actum”.

Meetings

Article 19

The P.C. normally meets twice a year and whenever the Bishop deems it necessary. It may also meet at the request of at least one third of its members.

The Secretary

Article 20

The Bishop is assisted by a secretary whom he appoints from among the members, after hearing the P.C.

At the end of each meeting the secretary of the P.C. shall draw up the minutes, which shall be read and approved at the following session and transcribed into the appropriate register.

Regulations

Article 21

The functioning of the P.C. is governed by the regulations attached to this Statute, of which they form an integral part.

Article 22

This Statute of the P.C., promulgated on (pa plotësuar), shall enter into force on (pa plotësuar)

Given at Shkodër, (pa plotësuar)

The Chancellor The Archbishop

Regulations of the Presbyteral Council

Establishment

Article 1

The functioning of the P.C. of the Archdiocese of Shkodër-Pult is governed by the following Regulations.

Exercise of the vote

Article 2

The right to vote referred to in article 14 of the Statute is exercised as follows:

• 1- by all incardinated diocesan priests and “Fidei donum” priests, according to article 13 of the Statute and by pastoral zone.
• 2- by all religious priests residing or working in the Diocese, according to article 13 of the Statute.

Election

Article 3

The election takes place in accordance with can. 119 § 1 and according to the particular norms laid down by the diocesan Bishop in article 13 of the Statute. The convocation is carried out in accordance with can. 166.

At the session set for the vote, the majority of those who must be convoked must be present (can. 119 nos. 1–2). Voting takes place separately for the diocesan clergy and for the category of religious.

After two inconclusive ballots, the vote is taken between the two candidates who have received the greatest number of votes or, if there are more, between the two senior in age (run-off ballot).

In the third ballot, if the tie persists, the one who is senior in age is considered elected (can. 119 no. 1), without any need to proceed to a fourth ballot.

Term of office

Article 4

Each councillor remains in office for the whole five-year term (article 15 of the Statute), except in cases where:

• a) members by right cease from their office
• b) elected members have lost their office or have changed the category they were elected to represent c) members appointed by the Bishop have been removed by him for a just and grave reason.

Succession

Article 5

When a seat falls vacant, for the reasons mentioned in article 4 or through resignation or death, it is filled:

• a) for members by right, by the new holder of that office;
• b) for elected members, by the first of those not elected in the respective category and in the respective ballot;
• c) for those appointed by the Bishop, if he deems it appropriate, by a new candidate designated by him.

Renewal

Article 6

The P.C. is renewed at the end of the five-year term (article 15 of the Statute), or when it has been dissolved by the Bishop (can. 501 § 3), or when the episcopal see receives a new Bishop.

In the first case, it shall be re-established within six months; in the other two cases, within one year of the dissolution or of the new Bishop’s taking possession (can. 501).

Meetings

Article 7

The P.C. normally meets twice a year and whenever the Bishop deems it appropriate, or also at the request of at least 1/3 of its members (article 19 of the Statute).

Article 8

The order of proceedings at meetings provides for:

• a) an opening prayer;
• b) the reading and approval of the minutes of the previous meeting by a show of hands;
• c) the presentation of the items on the agenda by the rapporteurs designated for this purpose by the Bishop;
• d) discussion of the items proposed. Each member may speak in the discussion, but not more than twice on the same item.
• e) a closing prayer.

Validity of meetings

Article 9

For a meeting to be valid, whether ordinary or extraordinary (article 7 of the Regulations), the presence of an absolute majority of the members is required.

Article 10

If the Bishop puts a decision to the vote, he himself shall indicate the majority required for validity and the form of voting, open or secret; otherwise the provision of can. 119 § 2 shall apply.

Article 11

For the validity both of meetings and of any votes, neither delegation to other members nor substitution is permitted.

Absences

Article 12

Absences shall be communicated in good time to the Secretariat of the P.C., shall be justified, and shall be recorded in the minutes of each meeting.

Anyone who is absent from three consecutive meetings without justification automatically ceases to belong to the P.C.

Experts

Article 13

The Bishop may allow the P.C. to make use of the work of experts, or appoint commissions, or set up study groups to examine and resolve particular problems.

Relations with the presbyterate

Article 14

The members of the P.C., aware that they represent the whole presbyterate, must always inform and listen to their brother priests regarding the items placed on the agenda, act as their spokesmen and encourage them to propose items useful for the good running of the Diocese.

For the information of all, the Bishop may issue communiqués, prepared by the Secretariat of the P.C.

The Secretary

Article 15

It is the duty of the Secretary of the P.C. (article 20 of the Statute):

• a) to send the notice of convocation to the members at least 10 days before the meeting, indicating the agenda;
• b) to draw up the minutes;
• c) to give notice of members ceasing from office and of their replacements;
• d) to collect and keep at the Curia the documents and acts relating to the activity of the P.C.

Article 16

These Regulations enter into force on the same date as the Statute of the P.C., of which they form an integral part.

Shkodër, (pa plotësuar)

The Chancellor The Archbishop