1990 CODE OF CANONS OF ORIENTAL CHURCHES
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Preliminary Canons
Canon 1 - The canons of this Code affect all and solely the Eastern Catholic Churches, unless, with regard to relations with the Latin Church, it is expressly stated otherwise.
Canon 2 - The canons of the Code, in which for the most part the ancient law of the Eastern Churches is received or adapted, are to be assessed mainly according to that law.
Canon 3 - The Code, although it often refers to the prescriptions of liturgical books, does not for the most part legislate on liturgical matters; therefore, these norms are to be diligently observed, unless they are contrary to the canons of the Code.
Canon 4 - The canons of the Code neither abrogate nor derogate from the pacts entered or approved by the Apostolic See with nations or other political societies. They therefore continue in force in their present form not withstanding any prescriptions of the Code to the contrary.
Canon 5 - Acquired rights as well as privileges granted up to this time by the Apostolic See to physical and juridic persons which are in use and have not been revoked remain intact unless they are expressly revoked by the canons of this Code.
Canon 6 - Once this Code goes into effect:
1° all common or particular laws are abrogated, which are contrary to the canons of the Code or which pertain to a matter ex integro regulated in this Code;
2° all customs are revoked which are reprobated by the canons of this Code or which are contrary to them and are neither centenary nor immemorial.
TITLE I. THE RIGHTS AND OBLIGATIONS OF ALL THE CHRISTIAN FAITHFUL
Canon 7 - §1. The Christian faithful are those who, incorporated in Christ through baptism, have been constituted as the people of God; for this reason, since they have become sharers in Christ's priestly, prophetic and royal function in their own manner; they are called, in accordance with the condition proper to each, to exercise the mission which God has entrusted to the Church to fulfill in the world.
§2. This Church, constituted and organized as a society in this world, subsists in the Catholic Church, governed by the successor of Peter and the bishops in communion with him.
Canon 8 - In full communion with the Catholic Church on this earth are those baptized persons who are joined with Christ in its visible structure by the bonds of profession of faith, of the sacraments and of ecclesiastical governance.
Canon 9 - §1. Since catechumens are in union with the Church in a special manner, that is, under the influence of the Holy Spirit, they ask to be incorporated into the Church by explicit choice and are therefore united with the Church by that choice just as by a life of faith, hope and charity which they lead; the Church already cherishes them as its own.
§2. The Church has special care for catechumens, invites them to lead the evangelical life and introduces them into participation in the Divine Liturgy, the sacraments and the divine praises, and already grants them various prerogatives which are proper to Christians.
Canon 10 - Attached to the Word of God and adhering to the authentic, living magisterium of the Church, the Christian faithful are bound to maintain integrally the faith which was preserved and transmitted at a great price by many and to profess it openly as well as to strive both to understand it better and to make it fruitful in works of charity.
Canon 11 - In virtue of their rebirth in Christ there exists among all the Christian faithful a true equality with regard to dignity and the activity whereby all cooperate in the building up of the Body of Christ in accord with each one's own condition and function.
Canon 12 - §1. The Christian faithful are bound by an obligation in their own patterns of activity always to maintain communion with the Church.
§2. They are to fulfill with great diligence the duties which they owe to the universal Church and to their own Church sui iuris.
Canon 13 - All the Christian faithful must make an effort, in accord with each one's own condition, to live a holy life and to promote the growth of the Church and its continual sanctification.
Canon 14 - All the Christian faithful have the right and the obligation of working so that the divine message of salvation may increasingly reach all peoples in every age and in every land.
Canon 15 - §1. The Christian faithful, conscious of their own responsibility, are bound by Christian obedience to follow what the pastors of the Church, as representatives of Christ, declare as teachers of the faith or determine as leaders of the Church.
§2. The Christian faithful are free to make known their needs, especially spiritual ones, and their desires to the pastors of the Church.
§3. In accord with the knowledge, competence and position which they possess, they have the right and even at times a duty to manifest to the pastors of the Church their opinion on matters which pertain to the good of the Church, and they have a right to make their opinion known to the other Christian faithful, with due regard for the integrity of faith and morals and reverence for the same pastors, and with consideration for the common good and the dignity of persons.
Canon 16 - The Christian faithful have the right to receive assistance from the pastors of the Church from the spiritual goods of the Church, especially the word of God and the sacraments.
Canon 17 - The Christian faithful have the right to worship God according to the prescriptions of their own Church sui iuris, and to follow their own form of spiritual life consonant with the teaching of the Church.
Canon 18 - The Christian faithful are free to found and to govern associations for charitable and religious purposes or for the promotion of the Christian vocation in the world; they are free to hold meetings to pursue these purposes in common.
Canon 19 - All the Christian faithful, since they participate in the mission of the Church, have the right to promote or to sustain apostolic action by their own undertakings in accord with each one's state and condition; however, no undertaking shall assume the name "Catholic" unless the consent of competent ecclesiastical authority is given.
Canon 20 - The Christian faithful since they are called by baptism to lead a life in conformity with the teaching of the gospel, have the right to a Christian education by which they will be properly instructed so as to develop the maturity of a human person and at the same time come to know and live the mystery of salvation.
Canon 21 - Those who are engaged in the sacred disciplines enjoy a lawful freedom of inquiry and of prudently expressing their opinions on matters in which they have expertise, while observing obsequium for the magisterium of the Church.
Canon 22 - All the Christian faithful have the right to be free from any kind of coercion in choosing a state in life.
Canon 23 - No one is permitted to damage unlawfully the good reputation which another person enjoys nor to violate the right of any person to protect his or her own privacy.
Canon 24 - §1. The Christian faithful can legitimately vindicate and defend the rights which they enjoy in the Church before a competent ecclesiastical court in accordance with the norm of law.
§2. The Christian faithful also have the right, if they are summoned to judgment by competent authority, to be judged in accordance with the prescriptions of the law to be applied with equity.
§3. The Christian faithful have the right not to be punished with Canonical penalties except in accordance with the norm of law.
Canon 25 - §1. The Christian faithful are obliged to assist with the needs of the Church so that the Church has what is necessary for its proper ends, especially for divine worship, for apostolic works and works of charity and for the decent sustenance of ministers.
§2. They are also obliged to promote social justice and, mindful of the precept of the Lord, to assist the poor from their own resources.
Canon 26 - §1. In exercising their rights the Christian faithful, both as individuals and when gathered in associations, must take account of the common good of the Church and of the rights of others as well as their own obligations toward others.
§2. In the interest of the common good, ecclesiastical authority has competence to regulate the exercise of the rights which belong to the Christian faithful.
TITLE II. CHURCHES SUI IURIS AND RITES
Canon 27 - A group of Christian faithful united by a hierarchy according to the norm of law which the supreme authority of the Church expressly or tacitly recognizes as sui iuris is called in this Code a Church sui iuris.
Canon 28 - §1. A rite is the liturgical, theological, spiritual and disciplinary patrimony, culture and circumstances of history of a distinct people, by which its own manner of living the faith is manifested in each Church sui iuris.
§2. The rites treated in this code, unless otherwise stated, are those which arise from the Alexandrian, Antiochene, Armenian, Chaldean and Constantinopolitan traditions.
Chapter I. Ascription to a Church Sui Iuris
Canon 29 - §1. By virtue of baptism, a child who has not yet completed his fourteenth year of age is enrolled in the Church sui iuris of the Catholic father; or the Church sui iuris of the mother if only the mother is Catholic or if both parents by agreement freely request it, with due regard for particular law established by the Apostolic See.
§2. If the child who has not yet completed his fourteenth year is:
1° born of an unwed mother, he is enrolled in the Church sui iuris to which the mother belongs;
2° born of unknown parents, he is to be enrolled in the Church sui iuris of those in whose care he has been legitimately committed are enrolled; if it is a case of an adoptive father and mother, 1 should be applied;
3° born of non-baptized parents, the child is to be a member of the Church sui iuris of the one who is responsible for his education in the Catholic faith.
Canon 30 - Anyone to be baptized who has completed the fourteenth year of age can freely select any Church sui iuris in which he or she then is enrolled by virtue of baptism received in that same Church, with due regard for particular law established by the Apostolic See.
Canon 31 - No one can presume in any way to induce the Christian faithful to transfer to another Church sui iuris.
Canon 32 - §1. No one can validly transfer to another Church sui iuris without the consent of the Apostolic See.
§2. In the case of Christian faithful of an eparchy of a certain Church sui iuris who petition to transfer to another Church sui iuris which has its own eparchy in the same territory, this consent of the Apostolic See is presumed, provided that the eparchial bishops of both eparchies consent to the transfer in writing.
Canon 33 - A wife is at liberty to transfer to the Church of the husband at the celebration of or during the marriage; when the marriage has ended, she can freely return to the original Church sui iuris.
Canon 34 - If the parents, or the Catholic spouse in the case of a mixed marriage, transfer to another Church sui iuris, children under fourteen years old by the law itself are enrolled in the same Church; if in a marriage of Catholics only one parent transfers to another Church sui iuris, the children transfer only if both parents consent. Upon completion of the fourteenth year of age, the children can return to the original Church sui iuris.
Canon 35 - Baptized non-Catholics coming into full communion with the Catholic Church should retain and practice their own rite everywhere in the world and should observe it as much as humanly possible. Thus, they are to be enrolled in the Church sui iuris of the same rite with due regard for the right of approaching the Apostolic See in special cases of persons, communities or regions.
Canon 36 - The transfer to another Church sui iuris takes effect at the moment a declaration is made before the local hierarch or the proper pastor of the same Church or a priest delegated by either of them and two witnesses, unless the rescript of the Apostolic See provides otherwise.
Canon 37 - Every enrollment in a certain Church sui iuris or transfer to another Church sui iuris should be recorded in the baptismal register of the parish where the baptism was celebrated, even, as the case may be, in a Latin parish; if this cannot be done, it is to be kept by the proper pastor in another document in the archive of the parish of the Church sui iuris of enrollment.
Canon 38 - Christian faithful of Eastern Churches even if committed to the care of a hierarch or pastor of another Church sui iuris, nevertheless remain enrolled in their own Church.
Chapter II. The Observation of Rites
Canon 39 - The rites of the Eastern Churches, as the patrimony of the entire Church of Christ, in which there is clearly evident the tradition which has come from the Apostles through the Fathers and which affirm the divine unity in diversity of the Catholic faith, are to be religiously preserved and fostered.
Canon 40 - §1. Hierarchs who preside over Churches sui iuris and all other hierarchs are to see most carefully to the faithful protection and accurate observance of their own rite, and not admit changes in it except by reason of its organic progress, keeping in mind, however, mutual goodwill and the unity of Christians.
§2. Other clerics and members of institutes of consecrated life are bound to observe their own rite faithfully and daily to acquire a greater understanding and a more perfect practice of it.
§3. Other Christian faithful are also to foster an understanding and appreciation of their own rite, and are held to observe it everywhere unless something is excused by the law.
Canon 41 - The Christian faithful of any Church sui iuris, even the Latin Church, who have frequent relations with the Christian faithful of another Church sui iuris by reason of their office, ministry, or function, are to be accurately instructed in the knowledge and practice of the rite of that Church in keeping with the seriousness of the office, ministry or function which they fulfill.
TITLE III. THE SUPREME AUTHORITY OF THE CHURCH
Canon 42 - Just as, by the Lord's decision, Saint Peter and the other Apostles constitute one college, so in a similar way the Roman Pontiff, successor of Peter, and the bishops, successors of the Apostles, are joined together.
Chapter I. The Roman Pontiff
Canon 43 - The bishop of the Church of Rome, in whom resides the office (munus) given in special way by the Lord to Peter, first of the Apostles and to be transmitted to his successors, is head of the college of bishops, the Vicar of Christ and Pastor of the entire Church on earth; therefore, in virtue of his office (munus) he enjoys supreme, full, immediate and universal ordinary power in the Church which he can always freely exercise.
Canon 44 - §1. The Roman Pontiff obtains full and supreme power in the Church by means of legitimate election accepted by him together with episcopal consecration; therefore, one who is already a bishop obtains this same power from the moment he accepts his election to the pontificate, but if the one elected lacks the episcopal character, he is to be ordained a bishop immediately.
§2. If it should happen that the Roman Pontiff resigns his office (munus), it is required for validity that he makes the resignation freely and that it be duly manifested, but not that it be accepted by anyone.
Canon 45 - §1. The Roman Pontiff, by virtue of his office (munus), not only has power over the entire Church but also possesses a primacy of ordinary power over all the eparchies and groupings of them by which the proper, ordinary and immediate power which bishops possess in the eparchy entrusted to their care is both strengthened and safeguarded.
§2. The Roman Pontiff, in fulfilling the office (munus) of the supreme pastor of the Church is always united in communion with the other bishops and with the entire Church; however, he has the right, according to the needs of the Church, to determine the manner, either personal or collegial, of exercising this function.
§3. There is neither appeal nor recourse against a sentence or decree of the Roman Pontiff.
Canon 46 - §1. In exercising his office (munus) the Roman Pontiff is assisted by the bishops who aid him in various ways and among these is the synod of bishops; moreover the cardinals, the Roman curia, pontifical legates and other persons and various institutes assist him according to the needs of the times; all these persons and institutes carry out the task committed to them in his name and by his authority for the good of all the Churches, according to the norm of law established by the Roman Pontiff himself.
§2. The participation of patriarchs and other hierarchs who preside over Churches sui iuris in the synod of bishops is regulated by special norms established by the Roman Pontiff.
Canon 47 - When the Roman see is vacant or entirely impeded nothing is to be innovated in the governance of the entire Church; however, special laws enacted for those circumstances are to be observed.
Canon 48 - In this Code the term "Apostolic See" or "Holy See" applies not only to the Roman Pontiff but also, unless it is otherwise prescribed by the law or the nature of the matter indicates otherwise, dicasteries and other institutes of the Roman curia.
Chapter II. The College of Bishops
Canon 49 - The college of bishops, whose head is the Roman Pontiff and whose members are the bishops by virtue of sacramental ordination and hierarchical communion with the head and members of the college, and in which the apostolic body continually endures, together with its head, and never without its head, is also the subject of supreme and full power over the universal Church.
Canon 50 - §1. The college of bishops exercises power over the entire Church in a solemn manner in an ecumenical council.
§2. The college exercises the same power through the united action of the bishops dispersed in the world, which action as such has been initiated or has been freely accepted by the Roman Pontiff so that a truly collegial act results.
§3. It is for the Roman Pontiff, in keeping with the needs of the Church, to select and promote the ways by which the college of bishops is to exercise collegially its function regarding the entire Church.
Canon 51 - §1. It is for the Roman Pontiff alone to convoke an ecumenical council, to preside over it personally or through others, to transfer, suspend or dissolve it, and to confirm its decrees.
§2. It is for the same Roman Pontiff to determine matters to be treated in a council and to establish the order to be followed in the same council; to the questions proposed by the Roman Pontiff the fathers of a council can add other questions, to be approved by the same Roman Pontiff.
Canon 52 - §1. It is the right and obligation of all and only the bishops who are members of the college of bishops to participate in an ecumenical council with a deliberative vote.
§2. The supreme authority of the Church can also call others who are not bishops to an ecumenical council and determine what part they take in it.
Canon 53 - If the Apostolic See becomes vacant during the celebration of a council, it is interrupted by the law itself until a new Roman Pontiff orders it to be continued or dissolves it.
Canon 54 - §1. Decrees of an ecumenical council do not have obligatory force unless they are approved by the Roman Pontiff together with the fathers of the council and are confirmed by the Roman Pontiff and promulgated at his order.
§2. When the college of bishops takes collegial action in another manner, initiated or freely accepted by the Roman Pontiff, in order for its decrees to have binding force, they need this same confirmation and promulgation.
TITLE IV. THE PATRIARCHAL CHURCHES
Canon 55 - According to the most ancient tradition of the Church, already recognized by the first ecumenical councils, the patriarchal institution has existed in the Church; for this reason a special honor is to be accorded to the patriarchs of the Eastern Churches, each of whom presides over his patriarchal Church as father and head.
Canon 56 - A patriarch is a bishop who enjoys power over all bishops including metropolitans and other Christian faithful of the Church over which he presides according to the norm of law approved by the supreme authority of the Church.
Canon 57 - §1. The erection, restoration, modification and suppression of patriarchal Churches is reserved to the supreme authority of the Church.
§2. Only the supreme authority of the Church can modify the legitimately recognized or conceded title of each patriarchal Church.
§3. If it is possible, a patriarchal Church must have a permanent see for the residence of the patriarch in a principal city inside its own territory from which the patriarch takes his title; this see cannot be transferred except for a most grave reason and with the consent of the synod of bishops of the patriarchal Church and the assent of the Roman Pontiff.
Canon 58 - Patriarchs of Eastern Churches precede all bishops of any degree everywhere in the world, with due regard for special norms of precedence established by the Roman Pontiff.
Canon 59 - §1. Patriarchs of Eastern Churches, even if some are of later times, are all equal by reason of patriarchal dignity with due regard for the precedence of honor among them.
§2. The order of precedence among the ancient patriarchal sees of the Eastern Churches is that in the first place comes the see of Constantinople, after that Alexandria, then Antioch and Jerusalem.
§3. Among the other patriarchs of the Eastern Churches, precedence is ordered according to the antiquity of the patriarchal see.
§4. Among the patriarchs of the Eastern Churches who each are of the same title but who preside over different patriarchal Churches, he has precedence who was first promoted to the patriarchal dignity.
Canon 60 - §1. In churches which are designated for the Christian faithful of the Church over which he presides and in liturgical celebrations of the same Church, a patriarch precedes other patriarchs, even if they are greater in virtue of title of the see or senior according to promotion.
§2. A patriarch who currently holds patriarchal power precedes those who retain the title of a patriarchal see which they once held.
Canon 61 - A patriarch can have a procurator at the Apostolic See appointed by him with the prior assent of the Roman Pontiff.
Canon 62 - A patriarch who has resigned from his office retains his title and honors especially during liturgical celebrations and has the right that a dignified residence be assigned to him with his consent and that appropriate to his title he be provided with the means for his support, with due regard for the norm on precedence in can. 60, §2.
Chapter I. The Election of Patriarchs
Canon 63 - A patriarch is canonically elected in the synod of bishops of the patriarchal Church.
Canon 64 - Those things which are required for someone to be considered suitable for the patriarchal dignity are delineated in particular law, always with due regard for those which are prescribed in can. 180.
Canon 65 - §1. The synod of bishops of the patriarchal Church must be convened in the patriarchal residence or in another place to be designated by the administrator of the patriarchal Church with the consent of the permanent synod.
§2. The synod of bishops of the patriarchal Church must be convened within one month of the vacancy of the see with due regard for establishing a longer term in particular law, but not, however, beyond two months.
Canon 66 - §1. In the election of a patriarch all and only members of the synod of bishops of the patriarchal Church enjoy an active vote.
§2. It is forbidden for anyone other than the members of the synod of bishops of the patriarchal Church to be present in the room during the election of a patriarch, except those clerics who are admitted as tellers or secretary of the synod according to the norms of can. 71, §1.
§3. It is not permitted for anyone either before or during the synod of bishops of the patriarchal Church to be involved in the election of the patriarch.
Canon 67 - In the election of a patriarch cann. 947-957 are to be observed, every contrary custom being reprobated unless it is established otherwise by common law.
Canon 68 - §1. All bishops legitimately convoked are bound by the grave obligation to be present at the election.
§2. If a certain bishop considers himself to be detained by a just impediment, he is to submit his reasons in writing to the synod of bishops of the patriarchal Church. The legitimacy of the impediment is to be decided upon by the bishops who are present in the designated place at the first session of the synod.
Canon 69 - Once the convocation has taken place according to the canons, if two-thirds of the bishops who are obliged to be present at the synod of bishops of the patriarchal Church, excluding those who are detained by a legitimate impediment, are present at the designated location, the synod is to be declared canonical and can proceed with the election.
Canon 70 - Unless particular law establishes otherwise, the one who is elected by those present in the first session is to preside over the synod of bishops of the patriarchal Church for the election of the patriarch; in the meantime the presidency is reserved to the administrator of the patriarchal Church.
Canon 71 - §1. The positions of tellers and secretary can also be filled by priests and deacons according to the norm of particular law.
§2. All who are present at the synod are bound to the serious obligation of observing secrecy concerning those matters which directly or indirectly concern the balloting.
Canon 72 - §1. He is elected who obtains two-thirds of the votes, unless particular law establishes that after an appropriate number of ballots, at least three, an absolute majority of the votes suffices, and the election is to be conducted according the norms of can. 183, §§3-4.
§2. If an election is not successful within fifteen days from the opening of the synod of bishops of the patriarchal Church, the matter devolves to the Roman Pontiff.
Canon 73 - If the one who is elected is at least a legitimately proclaimed bishop, the presiding officer, or if the presiding officer was elected, the senior bishop according to episcopal ordination, in the name of the entire synod of bishops of the patriarchal Church, is immediately to communicate the election to the one who is elected according to the formula and manner used in that patriarchal Church. However, if the one who is elected is not yet a legitimately proclaimed bishop, secrecy is to be observed by everyone who in any way knows the results of the election, even toward the one elected. The synod of bishops of the patriarchal Church is suspended and notification is made when all canonical requirements for the episcopal proclamation are executed.
Canon 74 - Within two available days after being notified, the one who is elected must indicate whether he accepts the election. If he does not accept or does not respond within two days, he loses all rights which are acquired by the election.
Canon 75 - If the one who is elected accepted and is an ordained bishop, the synod of bishops of the patriarchal Church proceeds with his proclamation and enthronement as patriarch according to the prescriptions of the liturgical books; if the one who is elected is not yet an ordained bishop, the enthronement cannot be performed validly before the one who is elected receives episcopal ordination.
Canon 76 - §1. By means of a synodal letter, the synod of bishops of the patriarchal Church notifies the Roman Pontiff as soon as possible about the canonical conduct of the election and enthronement and that the new patriarch made a profession of faith and the promise to exercise his office with fidelity in the presence of the synod according to the approved formulas. Synodal letters that an election took place are also to be sent to the patriarchs of the other Eastern Churches.
§2. The new patriarch must as soon as possible request ecclesiastical communion from the Roman Pontiff by means of a letter signed in his own hand.
Canon 77 - §1. A canonically elected patriarch validly exercises his office only after enthronement by which he obtains his office with the full effects of law.
§2. The patriarch is not to convoke a synod of bishops of the patriarchal Church nor ordain bishops before he receives ecclesiastical communion from the Roman Pontiff.
Chapter II. The Rights and Obligations of Patriarchs
Canon 78 - §1. The power which, according to the norm of the canons and legitimate customs, the patriarch has over bishops and other Christian faithful of the Church over which he presides is ordinary and proper, but personal. Thus, the patriarch cannot constitute a vicar for the entire patriarchal Church nor can he delegate his power to someone for all cases.
§2. The power of the patriarch is exercised validly only inside the territorial boundaries of the patriarchal Church unless the nature of the matter or the common or particular law approved by the Roman Pontiff establishes otherwise.
Canon 79 - The patriarch represents the patriarchal Church in all its juridic affairs.
Canon 80 - The patriarch is:
1° to exercise the rights and to fulfill the obligations of a metropolitan in all places where provinces are not erected;
2° to supply for the negligence of metropolitans according to the norm of law;
3° to exercise the rights and to fulfill the obligations of a metropolitan in the entire province during the vacancy of a metropolitan see;
4° to warn a metropolitan who did not appoint a finance officer according to can. 262, §1; if the warning is made in vain, he himself is to appoint a finance officer.
Canon 81 - Acts of the Roman Pontiff for the patriarchal Church concerning bishops or others to whom it may concern, are to be communicated through the patriarch unless in a case the Apostolic See has directly communicated it.
Canon 82 - §1. By his own right the patriarch can:
1° within the scope of his competence, issue decrees which determine more precisely the methods to be observed in applying the law or urge the observance of a law;
2° direct instructions to the Christian faithful of the entire Church over which he presides for the purpose of explaining sound doctrine, fostering piety, correcting abuses, and approving and recommending practices which foster the spiritual welfare of the Christian faithful;
3° issue encyclical letters to the entire Church over which he presides concerning questions with respect to his own Church and rite.
§2. The patriarch can order bishops and other clerics as well as members of institutes of consecrated life of the entire Church over which he presides to read and to explain publicly in their churches or houses his decrees, instructions, and encyclical letters.
§3. In all matters which concern the entire Church over which he presides or more serious affairs, the patriarch will not fail to hear the permanent synod, the synod of bishops of the patriarchal Church, or even the patriarchal assembly.
Canon 83 - §1. With due regard for the right and obligation of the eparchial bishop of canonically visiting his own eparchy, the patriarch has the right and obligation to conduct a pastoral visitation of the same eparchy at the time determined by particular law.
§2. For serious reasons and with the consent of the permanent synod, the patriarch can visit a church, city, or eparchy either personally or through another bishop; during this visitation he can do all those things the eparchial bishop can do during a canonical visitation.
Canon 84 - §1. The patriarch should most especially take care that either he himself or the eparchial bishops of the Church over which he presides, after consultation, especially in the assemblies provided by law, with the patriarchs and eparchial bishops of other Churches sui iuris who exercise their power in the same territory, promote a unity of action among themselves and other Christian faithful of each Church sui iuris. Thus, in a united effort, they can assist in common works for the more expeditious promotion of the good of religion, for the more effective protection of ecclesiastical discipline and the harmonious fostering of unity of all Christians.
§2. The patriarch is also to foster frequent gatherings, to be convoked according to his prudent judgment, among the hierarchs and other Christian faithful regarding pastoral matters and other affairs which concern the entire Church over which he presides or a certain province or region.
Canon 85 - §1. For a serious reason, with the consent of the synod of bishops of the patriarchal Church and having consulted the Apostolic See, the patriarch can establish provinces and eparchies, modify their boundaries, unite, divide, suppress, and modify their hierarchical status and transfer the eparchial see.
§2. With the consent of the synod of bishops of the patriarchal Church, the patriarch is competent:
1° to give to an eparchial bishop a coadjutor bishop or auxiliary bishop, observing cann. 181, §1 and 182-187 and 212;
2° for a grave reason, to transfer a metropolitan, eparchial bishop or titular bishop to another metropolitan, eparchial or titular see; if the bishop refuses, the synod of bishops of the patriarchal Church is to resolve the matter or defer it to the Roman Pontiff.
§3. With the consent of the permanent synod, the patriarch can erect, modify and suppress exarchies.
§4. The patriarch is to notify the Apostolic See of these decisions as soon as possible.
Canon 86 - §1. The patriarch is competent:
1° to give a patriarchal letter of canonical provision to a metropolitan or a bishop;
2° to ordain metropolitans either personally or, if impeded, through other bishops, and, if particular law thus stipulates, also to ordain all bishops;
3° to enthrone the metropolitan after episcopal ordination.
§2. By virtue of the law itself the faculty is given to the patriarch to ordain and enthrone a metropolitan and other bishops of the Church over which he presides who are appointed by the Roman Pontiff outside the territorial boundaries of the same Church unless in a special case it is expressly stipulated otherwise.
§3. Episcopal ordination and enthronement must take place within the term stipulated by law; the patriarchal letter of canonical provision is to be given within ten days of the proclamation of the election. The Apostolic See is to be notified as soon as possible of the episcopal ordination and enthronement.
Canon 87 - As long as provision is made for their support, the patriarch can see to it that some bishops, though not more than three, are elected for the patriarchial curia by the synod of bishops of the patriarchal Church according to the norms of cann. 181, §1 and 182-187. He confers on them the office with residency in the patriarchal curia; he can also ordain them after having fulfilled all the requirements for the episcopal proclamation.
Canon 88 - §1. Bishops of the patriarchal Church must show honor and obsequium to the patriarch and must render due obedience to him; the patriarch shall show to these bishops due reverence and treat them with brotherly charity.
§2. The patriarch is to see that controversies which perhaps might arise among the bishops are resolved with due regard for the right of deferring them to the Roman Pontiff at any time.
Canon 89 - §1. It is the right and obligation of the patriarch to exercise vigilance according to the norm of law over all clerics; if it appears that one of them merits punishment, he is to warn the hierarch to whom the cleric is immediately subject and, if the warning is in vain, he himself is to take action against the cleric according to the norm of law.
§2. The patriarch can commit a function of conducting affairs which regard the entire patriarchal Church to any cleric, after having consulted with the eparchial bishop or, in the case of a member of a religious institute or a society of the common life in the manner of religious, the major superior, unless particular law of the patriarchal Church requires the consent of the same; he can also subject the cleric immediately to himself while exercising this function.
§3. The patriarch can confer a dignity in his own patriarchal Church on any cleric with due regard for can. 430, provided that he receives the written consent of the eparchial bishop to whom the cleric is subject or, in the case of a religious institute or a society of the common life in the manner of religious, the major superior.
Canon 90 - For a serious reason, after having consulted with the eparchial bishop and with the consent of the permanent synod, in the act of establishment itself, the patriarch can exempt from the power of the eparchial bishop and subject immediately to himself a place or juridic person which does not belong to a religious institute in matters regarding the administration of temporal goods and also persons attached to the same place or juridic person in all matters regarding their function or office.
Canon 91 - The patriarch must be commemorated in the Divine Liturgy and in the divine praises after the Roman Pontiff by all the bishops and other clerics according to the prescriptions of the liturgical books.
Canon 92 - §1. The patriarch is to manifest hierarchical communion with the Roman Pontiff, successor of Saint Peter, through the loyalty, veneration and obedience which are due to the supreme pastor of the entire Church.
§2. The patriarch must make a commemoration of the Roman Pontiff as a sign of full communion with him in the Divine Liturgy and divine praises according to the prescriptions of the liturgical books and to see that it is done faithfully by all the bishops and other clerics of the Church over which he presides.
§3. It is to be the custom for the patriarch to visit the Roman Pontiff and, according to the norms established especially for this, to send to him a report concerning the state of the Church over which he presides. Within a year of his election and then often during his tenure in office, he is to make a visit to Rome to venerate the tombs of apostles Peter and Paul and present himself to the successor of Saint Peter in primacy over the entire Church.
Canon 93 - The patriarch is to reside in his see and is not to be absent from it except for a canonical reason.
Canon 94 - The patriarch must celebrate the Divine Liturgy for the people of the entire Church over which he presides on feast days established by particular law.
Canon 95 - §1. The obligations of eparchial bishops which are mentioned in can. 196 also bind the patriarch with due regard for the other obligations of individual bishops.
§2. The patriarch is to see that the eparchial bishops faithfully fulfill their pastoral functions and that they reside in the eparchy which they govern; he should enkindle their zeal; if they gravely transgress in a certain matter, after having consulted with the permanent synod unless there is danger in delay, the patriarch is to warn them; if the warning does not result in the desired effect, he is to defer the matter to the Roman Pontiff.
Canon 96 - With regard to prayers and pious exercises, provided that they are consonant with his own rite, the patriarch can do the same as the local hierarch in the entire Church over which he presides.
Canon 97 - The patriarch must diligently exercise vigilance over the proper administration of all ecclesiastical property, with due regard for the primary obligation of the individual eparchial bishops as mentioned in can. 1022, §1.
Canon 98 - With the consent of the synod of bishops of the patriarchal Church and the prior assent of the Roman Pontiff, the patriarch can enter into agreements with a civil authority which are not contrary to the law established by the Apostolic See; the patriarch cannot put these same agreements into effect without having obtained the approval of the Roman Pontiff.
Canon 99 - §1. The patriarch is to see that the personal Statutes in force in the region are observed by everyone.
§2. If several patriarchs in the same place exercise power recognized or conceded by the personal Statutes, it is expedient in matters of greater importance that they act after consultation with each other.
Canon 100 - The patriarch can reserve to himself matters which concern several eparchies and affect the civil authorities; he cannot make a decision regarding these same matters without consulting the eparchial bishops to whom it is of concern and without the consent of the permanent synod. If the matter is urgent and does not permit the convening of the episcopal members of the permanent synod, then the bishops of the patriarchal curia, if there are any, otherwise, the two eparchial bishops who are senior according to episcopal ordination, will act in their place in the case.
Canon 101 - In his own eparchy, in stauropegial monasteries and other places where neither an eparchy nor an exarchy is established, the patriarch has the same rights and obligations as an eparchial bishop.
Chapter III. The Synod of Bishops of a Patriarchal Church
Canon 102 - §1. All and solely ordained bishops of the patriarchal Church wherever they are constituted, excluding those mentioned in can. 953, §1 or those who are punished by canonical penalties mentioned in cann. 1433 and 1434, must be called to the synod of bishops of the patriarchal Church.
§2. With regard to eparchial bishops constituted outside the territorial boundaries of the patriarchal Church and titular bishops, particular law can restrict their deliberative vote, with due regard for the canons concerning the election of the patriarch, bishops and candidates for office mentioned in can. 149.
§3. To expedite certain matters, according to the norm of particular law or with the consent of the permanent synod, others can be invited by the patriarch, especially hierarchs who are not bishops and experts to give their opinions to the bishops gathered in the synod with due regard for can. 66, §2.
Canon 103 - The patriarch is to convoke the synod of bishops of the patriarchal Church and to preside over it.
Canon 104 - §1. All bishops legitimately called to the synod of bishops of the patriarchal Church are bound by the serious obligation to attend that same synod except those who have already resigned from office.
§2. If a certain bishop considers himself to be detained by a just impediment, he is to submit his reasons in writing to the synod of bishops of the patriarchal Church. The bishops who are present in the designated place at the first session of the synod are to decide upon the legitimacy of the impediment.
Canon 105 - No member of the synod of bishops of the patriarchal Church can send a proxy in his place nor can anyone have several votes in the synod.
Canon 106 - §1. The synod of bishops of the patriarchal Church must be convoked whenever:
1° matters are to be decided which belong to the exclusive competence of the synod of bishops of the patriarchal Church or which, in order to be done, require the consent of the synod;
2° the patriarch, with the consent of the permanent synod, judges it necessary;
3° at least one-third of the members request it for a given matter, with due regard always for the rights of patriarchs, bishops and other persons established by common law.
§2. Moreover the synod of bishops of the patriarchal Church must be convoked at the established times, even annually, if particular law determines it.
Canon 107 - §1. Unless particular law requires more and with due regard for cann. 69, 149 and 183, §1, any session of the synod of bishops of the patriarchal Church is canonical and any individual balloting is valid if the majority of the bishops who are obliged to attend the same synod is present.
§2. With due regard for cann. 72, 149 and 183, §§3-4, the synod of bishops of the patriarchal Church is free to establish norms to determine how many votes and ballots are required for the synodal decisions to acquire the force of law; otherwise, can. 924 must be observed.
Canon 108 - §1. The patriarch is to open the synod of bishops of the patriarchal Church and also, with the consent of the same synod, to transfer, postpone, suspend and dissolve it.
§2. After hearing the members of the synod of bishops of the patriarchal Church, the patriarch is also to prepare the agenda to be observed in examining questions as well as to submit it for approval at the opening session of the synod.
§3. During the synod of bishops of the patriarchal Church, individual bishops can add other questions to those on the agenda if at least one-third of the members present at the synod consent.
Canon 109 - After the opening of the synod of bishops of the patriarchal Church, none of the bishops is permitted to depart from the sessions of the synod unless it is for a just reason approved by the synod.
Canon 110 - §1. The synod of bishops of the patriarchal Church is exclusively competent to make laws for the entire patriarchal Church which obtain force according to the norm of can. 150, §§2 and 3.
§2. The synod of bishops of the patriarchal Church is the tribunal in the patriarchal Church according to the norm of can. 1062.
§3. The synod of bishops of the patriarchal Church conducts the election of the patriarch, bishops and candidates for offices mentioned in can. 149.
§4. The synod of bishops of the patriarchal Church is not competent for administrative actions unless the patriarch determines otherwise for certain actions or common law reserves some actions to the synod, with due regard for the Canons which require the consent of the synod of bishops of the patriarchal Church.
Canon 111 - §1. The synod of bishops of the patriarchal Church designates the manner and time of promulgation of laws and the publication of decisions.
§2. The observance of secrecy regarding acts or cases treated is to be decided upon by the synod of bishops of the patriarchal Church, with due regard for the obligation of observing secrecy in matters established by common law.
§3. Acts regarding laws and decisions are to be sent to the Roman Pontiff as soon as possible; certain acts or even all of them should be communicated to the patriarchs of the other Eastern Churches according to the judgment of the synod.
Canon 112 - §1. The promulgation of laws and the publication of decisions of the synod of bishops of the patriarchal Church is the competence of the patriarch.
§2. Until the forthcoming synod, the authentic interpretation of laws of the synod of bishops of the patriarchal Church is the competence of the patriarch, having consulted with the permanent synod.
Canon 113 - The synod of bishops of the patriarchal Church is to draw up its statutes in which are provided a secretary of the synod, preparatory commissions, the order of procedure as well as other means which they consider effective for the attainment of its goals.
Chapter IV. The Patriarchal Curia
Canon 114 - §1. Distinct from the curia of the eparchy of the patriarch, the patriarch must have at his see a patriarchal curia which is comprised of the permanent synod, the bishops of the patriarchal curia, the ordinary tribunal of the patriarchal Church, the patriarchal finance officer, the patriarchal chancellor, the liturgical commission as well as other commissions which by law are attached to the patriarchal curia.
§2. Persons belonging to the patriarchal curia can be selected by the patriarch from the clergy of the entire Church over which he presides, having consulted their eparchial bishop or, if it is a case of a member of a religious institute or society of the common life in the manner of religious, their major superior.
§3. The offices of either curia of the patriarch, inasmuch as it is possible, are not to be conferred upon the same persons.
Canon 115 - §1. The permanent synod is comprised of the patriarch and four bishops designated for a five-year term.
§2. Of these bishops, three are elected by the synod of bishops of the patriarchal Church among whom as least two must be eparchial bishops; one is appointed by the patriarch.
§3. At the same time and in the same manner, four bishops are designated, insofar as it is possible, who, according to the order determined by the synod of bishops of the patriarchal Church, substitute alternately for the impeded members of the permanent synod.
Canon 116 - §1. The patriarch is to convoke the permanent synod and to preside over it.
§2. If the patriarch is impeded or does not attend the permanent synod, the senior member of the synod according to episcopal ordination presides, after the number of members has been restored to five according to the norm of can. 115, §3.
§3. If the permanent synod must decide a matter which affects the person of a certain bishop who is a member of the same synod or affects his eparchy or office, he is to be heard, but in the synod another bishop substitutes for him according to the norm of can. 115, §3.
Canon 117 - The president and all other members of the synod who were present at the synod must sign the acts of the synod.
Canon 118 - Voting in the permanent synod must be secret in matters relating to persons; in other cases, if at least one of the members expressly requests it.
Canon 119 - If a certain matter belonging to the competence of the permanent synod is to be decided while the synod of bishops of the patriarchal Church is being held, the decision on this matter is reserved to the permanent synod unless the patriarch with the consent of the permanent synod judges it opportune to commit the decision to the synod of bishops of the patriarchal Church.
Canon 120 - The permanent synod must be convoked at determined times, at least twice a year, and whenever the patriarch considers it opportune, as well as whenever matters are to be decided for which common law requires the consent or counsel of the same synod.
Canon 121 - If for a serious reason in the judgment of the synod of bishops of the patriarchal Church, the permanent synod cannot be constituted, the Apostolic See is to be notified and the synod of bishops of the patriarchal Church is to elect two bishops, one of whom must be from the eparchial bishops, who with the patriarch act in lieu of the permanent synod for as long as the reason continues.
Canon 122 - §1. For the administration of the goods of the patriarchal Church, the patriarch, with the consent of the permanent synod, is to name a patriarchal finance officer distinct from the finance officer of the eparchy of the patriarch. The patriarchal finance officer should be a member of the Christian faithful who is expert in economic matters and of outstanding honesty; for validity a person is excluded who is related to the patriarch up to and including the fourth degree of consanguinity or affinity.
§2. The patriarchal finance officer is appointed for a term determined by particular law; during the tenure he cannot be removed by the patriarch without the consent of the synod of bishops of the patriarchal Church or, if there is danger in delay, of the permanent synod.
§3. The patriarchal finance officer must submit a written report annually to the permanent synod on administration during the past year as well as a budget of income and expenditures for the coming year; a report on administration is also to be submitted whenever it is requested by the permanent synod.
§4. The synod of bishops of the patriarchal Church can require a report on administration as well as the budget of income and expenditures from the patriarchal finance officer and subject it to its own examination.
Canon 123 - §1. In the patriarchal curia there is to be appointed by the patriarch a priest or deacon above all reproach, who as patriarchal chancellor presides over the patriarchal chancery and the archives of the patriarchal curia, assisted, if the case warrants it, by an assistant chancellor appointed by the patriarch.
§2. Apart from the chancellor and the assistant chancellor, who are notaries ex officio, the patriarch can appoint other notaries for the entire Church over which he presides, for all of whom cann. 253-254 are to be applied; he can also freely remove these notaries from office.
§3. Concerning the archives of the patriarchal curia, cann. 256-260 are to be observed.
Canon 124 - The liturgical commission, which every patriarchal Church must have, and other commissions prescribed for the Churches sui iuris, are erected by the patriarch and are made up of persons appointed by the patriarch; they also are governed by norms established by him, unless the law provides otherwise.
Canon 125 - The expenses of the patriarchal curia are paid from the goods which the patriarch can use for this purpose; if this is not sufficient, the individual eparchies shall share in paying the expenses according to the measure to be determined by the synod of bishops of the patriarchal Church.
Chapter V. The Vacant or Impeded Patriarchal See
Canon 126 - §1. The patriarchal see becomes vacant at the death or resignation of the patriarch.
§2. The synod of bishops of the patriarchal Church is competent to accept the resignation of the patriarch, having consulted with the Roman Pontiff, unless the patriarch approaches the Roman Pontiff directly.
Canon 127 - Unless particular law determines otherwise, during a vacancy of the patriarchal see, the administrator of the patriarchal Church is the senior bishop according to episcopal ordination among the bishops of the patriarchal curia or, if there are not any, among the bishops who are members of the permanent synod.
Canon 128 - The administrator of the patriarchal Church is:
1° immediately to inform the Roman Pontiff and all the bishops of the patriarchal Church of the vacancy of the patriarchal see;
2° to carry out accurately and to see that others carry out the special norms prescribed by common or particular law, or by an instruction of the Roman Pontiff, if one is given, for the various circumstances which occur during the vacancy of the patriarchal see;
3° to convoke the bishops to the synod of bishops of the patriarchal Church for the election of a patriarch and to prepare all other things necessary for the synod.
Canon 129 - The administrator of the patriarchal Church in the eparchy of the patriarch, in stauropegial monasteries and in those places where neither an eparchy nor an exarchy is erected, has the same rights and obligations as the administrator of a vacant eparchy.
Canon 130 - §1. The ordinary power of the patriarch in all matters excluding those which cannot be done without the consent of the synod of bishops of the patriarchal Church passes to the administrator of the patriarchal Church.
§2. The administrator of a patriarchal Church cannot remove from office the protosyncellus or the syncellus of the eparchy of the patriarch nor innovate anything in the vacant patriarchal see.
§3. Even though he lacks the prerogatives of a patriarch, the administrator of a patriarchal Church precedes all bishops of the same Church, not however in the synod of bishops of the patriarchal Church for the election of a patriarch.
Canon 131 - The administrator of a patriarchal Church must account as soon as possible for his administration to the new patriarch.
Canon 132 - §1. When a patriarchal see is impeded for whatever reason so that the patriarch cannot communicate even by letter with the eparchial bishops of the Church over which he presides, the governance of the patriarchal Church according to the norms of can. 130 is in the control of the eparchial bishop inside the territorial boundaries of the same Church who is the senior according to ordination, who himself is not impeded, unless the patriarch designated another bishop or in an extreme case of necessity even a priest.
§2. A patriarch is impeded when he cannot communicate even by letter with the Christian faithful of his own eparchy; the governance of the same eparchy is the responsibility of the protosyncellus; if he himself is impeded, it is the responsibility of the one whom the patriarch designates or the one who governs the patriarchal Church in the interim.
§3. Whoever takes up the interim governance is to notify the Roman Pontiff as soon as possible of the impeded patriarchal see and of his assumption of the governance.
Chapter VI. Metropolitans of the Patriarchal Church
Canon 133 - §1. A metropolitan, who presides over a certain province inside the territorial boundaries of the patriarchal Church, in the eparchies of his province, among other things which are granted to him by common law, is:
1° to ordain and enthrone bishops of his province within the time determined by law with due regard for can. 86, §1, n. 2;
2° to convoke the metropolitan synod at the times established by the synod of bishops of the patriarchal Church; to prepare useful questions to be discussed in it, to preside at the synod, to transfer, postpone, suspend or dissolve it;
3° to erect a metropolitan tribunal;
4° to oversee that the faith and ecclesiastical discipline are accurately observed;
5° to conduct a canonical visitation, if the eparchial bishop neglected it;
6° to appoint or confirm one who was legitimately proposed for or elected to office, if the eparchial bishop, not detained by a just impediment, failed to do so within the time established by law, and also to appoint the eparchial financial officer if the eparchial bishop, having been warned, neglected to appoint one.
§2. The metropolitan represents the province in all juridic matters of the same.
Canon 134 - §1. The dignity of a metropolitan is always attached to a determined eparchial see.
§2. A metropolitan in his own eparchy has the same rights and obligations as an eparchial bishop.
Canon 135 - The metropolitan is to be commemorated by all bishops and other clerics in the Divine Liturgy and the divine praises according to the prescriptions of the liturgical books.
Canon 136 - A metropolitan who presides over a province precedes everywhere a titular metropolitan.
Canon 137 - The synod of bishops of the patriarchal Church is to define more precisely the rights and obligations of metropolitans and of the metropolitan synods according to the legitimate customs of its own patriarchal Church and also the circumstances of time and place.
Canon 138 - The rights and obligations of a metropolitan constituted outside the territorial boundaries of the patriarchal Church are the same as those prescribed in can. 133, §1, nn. 2-6 and 2 as well as in cann. 135, 136, 160, 1084, §3; concerning other rights and obligations, the metropolitan is to observe the special norms proposed by the synod of bishops of the patriarchal Church and approved by the Apostolic See or established by the same See.
Canon 139 - The eparchial bishop who exercises his power outside the territorial boundaries of the patriarchal Church and does not belong to a province, should designate a certain metropolitan, having consulted with the patriarch and with the approval of the Apostolic See; to this metropolitan belong the rights and obligations mentioned in can. 133, §1, nn. 3-6.
Chapter VII. The Patriarchal Assembly
Canon 140 - The patriarchal assembly is a consultative group of the entire Church over which the patriarch presides and which assists the patriarch and the synod of bishops of the patriarchal Church in dealing with matters of major importance especially in order to harmonize appropriately the forms and programs of the apostolate and ecclesiastical discipline with the current circumstances of the time, taking into account the common good of its own Church as well as the common good of the entire territory where several Churches sui iuris coexist.
Canon 141 - The patriarchal assembly is to be convoked at least every five years and whenever the patriarch with the consent of the permanent synod or the synod of bishops of the patriarchal Church considers it useful.
Canon 142 - §1. The patriarch is to convoke the patriarchal assembly, preside at it; and also to transfer, postpone, suspend and dissolve it; the patriarch himself is to appoint a vice-president, who presides over the assembly in the absence of the patriarch.
§2. If the patriarchal see becomes vacant, the patriarchal assembly is suspended by the law itself until the new patriarch issues a decree on the matter.
Canon 143 - §1. To the patriarchal assembly are to be convoked:
1° eparchial bishops and other local hierarchs;
2° titular bishops;
3° presidents of monastic confederations, superiors general of institutes of consecrated life and superiors of monasteries sui iuris;
4° rectors of Catholic universities and of ecclesiastical universities as well as deans of faculties of theology and Canon law, which are located inside the territorial boundaries of the Church in which the assembly is held;
5° rectors of major seminaries;
6° from each eparchy at least one presbyter enrolled in the same eparchy, especially a pastor, one from among the religious or members of societies of common life according to the manner of religious, as well as two lay persons, unless the statutes determine a greater number, all of whom are designated in a manner determined by the eparchial bishop and indeed, if it is a case of a member of a religious institute or a member of a society of the common life according to the manner of religious, with the consent of the competent superior.
§2. All who are to be convoked to the patriarchal assembly must attend it unless they are detained by a just impediment, of which they are obliged to inform the patriarch; however, eparchial bishops can send a proxy.
§3. Persons of another Church sui iuris can be invited to the patriarchal assembly and can take part in it according to the norm of the statutes.
§4. To the patriarchal assembly can also be invited some observers from other Churches or non-Catholic ecclesial communities.
Canon 144 - §1. With due regard for the right of any Christian faithful to pose questions to his hierarch, only the patriarch or the synod of bishops of the patriarchal Church are to determine the matters to be discussed in the patriarchal assembly.
§2. Through prior appropriate commissions and consultations, the patriarch is to see that all of the questions are adequately drawn up and send to the members of the assembly at an opportune time.
Canon 145 - The patriarchal assembly is to have its statutes, in which are contained the necessary norms for attaining the goals of the assembly, approved by the synod of bishops of the patriarchal Church.
Chapter VIII. The Territory of a Patriarchal Church and the Power of the Patriarch and Synods Outside this Territory
Canon 146 - §1. The territory of the Church over which the patriarch presides is extended to those regions in which the rite proper to the same Church is observed and the patriarch has the legitimately acquired right of erecting provinces, eparchies as well as exarchies.
§2. If a doubt concerning the territorial boundaries of the patriarchal Church arises or if it is a case of the modification of boundaries, the synod of bishops of the patriarchal Church is to investigate the matter, having heard from the superior administrative authority of each Church sui iuris concerned, and, having discussed the matter in the same synod, to direct an appropriately prepared petition proposing the resolution of the doubt or the modification of the boundaries to the Roman Pontiff, who solely can authentically resolve the doubt or issue a decree modifying the boundaries.
Canon 147 - Inside the territorial boundaries of the patriarchal Church, the power of the patriarch and the synods is exercised not only over all Christian faithful who are enrolled in that Church, but also on others who do not have a local hierarch of their own Church sui iuris constituted in the same territory and, even if they remain enrolled in their own Church, are committed to the care of local hierarchs of that patriarchal Church with due regard for can. 916, §5.
Canon 148 - §1. It is the right and the obligation of the patriarch to seek appropriate information concerning the Christian faithful who reside outside the territorial boundaries of the Church over which he presides even through a visitor sent by himself with the consent of the Apostolic See.
§2. The visitor, before he begins his function, is to go to the eparchial bishop of those faithful and present his letter of appointment.
§3. After the visitation is completed, the visitor is to send his report to the patriarch, who, after discussing the matter in the synod of bishops of the patriarchal Church, can propose opportune means to the Apostolic See, in order that everywhere in the world he might provide protection and an increase of the spiritual good of the Christian faithful of the Church over which he presides, even through the erection of their own parishes and exarchies or eparchies.
Canon 149 - The synod of bishops of the patriarchal Church, fulfilling the norms of the canons on the election of bishops, is to elect at least three candidates for filling the office of eparchial bishop, coadjutor bishop or auxiliary bishop outside the territorial boundaries of the patriarchal Church and through the patriarch propose them to the Roman Pontiff for appointment; secrecy is to be observed by all who in any way know the results of the election, even toward the candidates.
Canon 150 - §1. Bishops constituted outside the territorial boundaries of the patriarchal Church have all the synodal rights and obligations of the other bishops of the same Church with due regard for can. 102, §2.
§2. Laws enacted by the synod of bishops of the patriarchal Church and promulgated by the patriarch, if they are liturgical, have the force of law everywhere in the world; if, however, they are disciplinary laws or concern other decisions of the synod, they have the force of law inside the territorial boundaries of the patriarchal Church.
§3. Eparchial bishops constituted outside the territorial boundaries of the patriarchal Church, who desire to do so, can attribute the force of law to disciplinary laws and other synodal decisions in their own eparchies, provided they do not exceed their competence; if however these laws or decisions are approved by the Apostolic See, they have the force of law everywhere in the world.
TITLE V. THE MAJOR ARCHIEPISCOPAL CHURCHES
Canon 151 - A major archbishop is the metropolitan of a see determined or recognized by the Supreme Authority of the Church, who presides over an entire Eastern Church sui iuris not endowed with the patriarchal title.
Canon 152 - What is stated in common law concerning patriarchal Churches or patriarchs is understood to be applicable to major archiepiscopal Churches or major archbishops, unless the common law expressly provides otherwise or it is evident from the nature of the matter.
Canon 153 - §1. A major archbishop is elected according to the norm of cann. 63-74.
§2. After acceptance of the election, the synod of bishops of the major archiepiscopal Church must notify the Roman Pontiff through a synodal letter about the canonical conduct of the election; however, the one who is elected, in a letter signed in his own hand, must petition the confirmation of his election from the Roman Pontiff.
§3. After having obtained the confirmation, the one who is elected, in the presence of the synod of bishops of the major archiepiscopal Church, must make a profession of faith and promise to carry out faithfully his office; afterwards his proclamation and enthronement are to be performed. If, however, the one who is elected is not yet an ordained bishop, the enthronement cannot validly be done before he receives episcopal ordination.
§4. If however the confirmation is denied, a new election is to be conducted within the time established by the Roman Pontiff.
Canon 154 - Major archbishops hold the precedence of honor immediately after patriarchs according to the order in which the Church over which they preside was erected as a major archiepiscopal Church.
TITLE VI. METROPOLITAN CHURCHES AND OTHER CHURCHES SUI IURIS
Chapter I. Metropolitan Churches Sui Iuris
Canon 155 - §1. A metropolitan Church sui iuris is presided over by a metropolitan of a determined see who is appointed by the Roman Pontiff and assisted by a council of hierarchs according to the norm of law.
§2. It is solely the right of the supreme authority of the Church to erect, modify, suppress and define the territorial boundaries of metropolitan Churches sui iuris.
Canon 156 - §1. Within three months after episcopal ordination or, if already ordained a bishop, after the enthronement, the metropolitan is bound by the obligation to petition the pallium from the Roman Pontiff, which is a sign of his metropolitan power and full communion of the metropolitan Church sui iuris with the Roman Pontiff.
§2. Prior to the imposition of the pallium, the metropolitan cannot convoke the council of hierarchs or ordain bishops.
Canon 157 - §1. The power which a metropolitan possesses according to the norm of law over the bishops and other Christian faithful of the metropolitan Church over which he presides, is ordinary and proper, but personal; thus, he cannot constitute a vicar for the entire metropolitan Church sui iuris nor delegate his power to a certain person for all cases.
§2. The power of the metropolitan and the council of hierarchs is validly exercised only within the territorial boundaries of the metropolitan Church sui iuris.
§3. The metropolitan represents the metropolitan Church sui iuris in all its juridic affairs.
Canon 158 - §1. The see of the metropolitan Church sui iuris is to be in the principal city from which the metropolitan, who presides over the same Church, takes his title.
§2. The metropolitan, in the eparchy entrusted to him, has the same rights and obligations as an eparchial bishop.
Canon 159 - In the metropolitan Church sui iuris over which he presides, beyond those things which are attributed to him by common law or particular law established by the Roman Pontiff, the metropolitan is competent:
1° to ordain and enthrone bishops of the same Church within the time determined by law;
2° to convoke the council of hierarchs according to the norm of law, to prepare useful questions to be discussed in it, to preside, transfer, postpone, suspend or dissolve it;
3° to erect a metropolitan tribunal;
4° to oversee that the faith and ecclesiastical discipline are accurately observed;
5° to conduct canonical visitations in eparchies, if the eparchial bishop neglected to do it;
6° to appoint an administrator of an eparchy in the case mentioned in can. 221, n. 4;
7° to appoint or confirm him who was legitimately proposed or elected to office, if the eparchial bishop, not detained by a just impediment, omitted to do so within the time established by law and also to appoint the eparchial finance officer if the eparchial bishop, having been warned, neglected to appoint him;
8° to communicate the acts of the Roman Pontiff to the eparchial bishops and others to whom they pertain, unless the Apostolic See directly provides for it, and see to the faithful execution of the prescriptions which are contained in these acts.
Canon 160 - In extraordinary matters or those entailing special difficulty, the eparchial bishops will not omit hearing the metropolitan nor will the metropolitan omit consulting with the bishops.
Canon 161 - The metropolitan is to be commemorated after the Roman Pontiff by all the bishops and other clerics in the Divine Liturgy and in the divine praises, according to the prescriptions of the liturgical books.
Canon 162 - As a sign of full communion with him, the metropolitan must faithfully make a commemoration of the Roman Pontiff, and see that it is done by all the bishops and the other clergy of the Church over which he presides, in the Divine Liturgy and the divine praises, according to the prescriptions of the liturgical books.
Canon 163 - It should be the custom for the metropolitan to visit the Roman Pontiff frequently; he must make this visit every five years according to the norm of can. 208, §2, inasmuch as it is possible, he should do it together with all the bishops of the metropolitan Church over which he presides.
Canon 164 - §1. To the council of hierarchs must be called all and only ordained bishops of the metropolitan Church sui iuris wherever they are constituted, excluding those mentioned in can. 953, §1 or those who are punished with the canonical penalties mentioned in cann. 1433 and 1434. Bishops of another Church sui iuris can be invited as guests only if it is acceptable to the majority of the members of the council of hierarchs.
§2. Eparchial bishops and coadjutor bishops have a deliberative vote in the council of hierarchs; other bishops of the metropolitan Church sui iuris can have this vote if this is expressly established in particular law.
Canon 165 - §1. All bishops lawfully called to the council of hierarchs are bound by the serious obligation to be present at the council, except those who have already resigned from office.
§2. If a certain bishop considers himself to be detained by a legitimate impediment, he is to submit his reasons in writing to the council of hierarchs; the bishops who have a deliberative vote and who are present in the designated location at the opening session of the council are to decide on the legitimacy of the impediment.
§3. No one of the members from the council of hierarchs can send a proxy, nor can anyone have several votes.
§4. After the opening of the council of hierarchs, none of those who must be present can leave unless for a just reason approved by the president of the council.
Canon 166 - §1. Unless particular law requires a greater attendance, any session of the council of hierarchs is canonical and any individual ballot is valid if a majority of the bishops who are obliged to be present, are present.
§2. The council of hierarchs decides matters by an absolute majority of those who have a deliberative vote and who are present.
Canon 167 - §1. With due regard for the canons which expressly treat the power of the council of hierarchs in making laws and norms, this council can also legislate in those cases in which common law remits the matter to the particular law of a Church sui iuris.
§2. The metropolitan will notify the Apostolic See as soon as possible of the laws and norms enacted by the council of hierarchs; nor can laws and norms be validly promulgated before the metropolitan has written notification from the Apostolic See of the reception of the acts of the council; the metropolitan is also to notify the Apostolic See of other actions of the council of hierarchs.
§3. The metropolitan is to see to the promulgation of laws and the publication of decisions of the council of hierarchs.
§4. With due regard for the canons which expressly mention the administrative acts of the metropolitan, he who presides over a metropolitan Church sui iuris also has the right to perform administrative acts which by common law are committed to the superior administrative authority of a Church sui iuris, however, with the consent of the council of hierarchs.
Canon 168 - With regard to the appointment of the metropolitan and bishops, for each case the council of hierarchs is to compose a list of at least three of the more suitable candidates and send the list to the Apostolic See, observing secrecy even toward the candidates; in order to compile the list, the members of the council of hierarchs, if they judge it to be expedient, can seek the opinion of certain presbyters or other Christian faithful outstanding in wisdom concerning the needs of the Church and the special talents of a person required for the episcopate.
Canon 169 - The council of hierarchs is to see that the pastoral needs of the Christian faithful are provided for, and, concerning these needs, can establish what is considered to be opportune to provide for an increase of the faith, the fostering of common pastoral action, the supervision of morals and the observation of their own rite as well as common ecclesiastical discipline.
Canon 170 - The council of hierarchs is to be held at least once a year and whenever special circumstances require it or matters of common law which are reserved to this council or which require the consent of this council need to be settled.
Canon 171 - The council of hierarchs is to draw up its statutes, transmitting them to the Apostolic See, in which are provided a secretary for the council, preparatory commissions, the order of procedure as well as other means which they consider effective for the attainment of its goals.
Canon 172 - In a metropolitan Church sui iuris an assembly is to be held according to the norm of cann. 140-145 and is to be convoked at least every five years; the metropolitan is competent to do whatever is said there about the patriarch.
Canon 173 - §1. During the vacancy of the metropolitan see in an metropolitan Church sui iuris:
1° the administrator of the metropolitan Church sui iuris is the eparchial bishop of the same Church senior according to episcopal ordination, who as soon as possible notifies the Roman Pontiff of the vacancy of the metropolitan see;
2° to the administrator of a metropolitan Church sui iuris passes the ordinary power of the metropolitan in all matters excluding those which cannot be done without the consent of the council of hierarchs;
3° in a vacant metropolitan see there are to be no innovations.
§2. In an impeded metropolitan see of these Churches those things are to be observed which are established for an impeded patriarchal see in can. 132, §1; the metropolitan is competent to do whatever is said there about the patriarch.
§3. Concerning the vacant or impeded see of the eparchy of the metropolitan cann. 221-233 are to be observed.
Chapter II. Other Churches Sui Iuris
Canon 174 - A Church sui iuris, which is neither patriarchal, major archiepiscopal nor metropolitan is entrusted to a hierarch who presides over it according to the norm of common law and particular law established by the Roman Pontiff.
Canon 175 - These Churches immediately depend on the Apostolic See; however, the hierarch exercises the rights and obligations mentioned in can. 159, nn. 3-8, as a delegate of the Apostolic See.
Canon 176 - If common law remits something to particular law or to the superior administrative authority of a Church sui iuris, the competent authority in these Churches is the hierarch who presides over it according to the norm of law with the consent of the Apostolic See, unless it is expressly stated otherwise.
TITLE VII. EPARCHIES AND BISHOPS
Chapter I. Bishops
Canon 177 - §1. An eparchy is a portion of the people of God which is entrusted for pastoral care to a bishop with the cooperation of the presbyterate so that, adhering to its pastor and gathered by him in the Holy Spirit through the Gospel and the Eucharist, it constitutes a particular Church in which the one, holy, catholic and apostolic Church of Christ is truly present and operative.
§2. In the erection, modification, and suppression of eparchies within the territorial boundaries of a patriarchal Church, can. 85, §1 is to be observed; in other cases the erection, modification and suppression of eparchies is solely within the competence of the Apostolic See.
Canon 178 - The eparchial bishop, as a vicar and legate of Christ, governs in his own name the eparchy entrusted to him for shepherding. This power, which he exercises personally in the name of Christ, is proper, ordinary, and immediate, although its exercise is ultimately regulated by the Supreme Authority of the Church and can be defined with certain limits should the usefulness of the Church or the Christian faithful require it.
Canon 179 - Bishops to whom an eparchy has not been entrusted for governing in their own name, whatever other function in the Church they exercise or exercised, are called titular bishops.
Art. I. The Election of Bishops
Canon 180 - In order for a person to be considered suitable for the episcopate, it is required that he:
1° demonstrate solid faith, good morals, piety, zeal for souls and prudence;
2° enjoy a good reputation;
3° not be bound by a matrimonial bond;
4° be at least thirty-five years old;
5° ordained a presbyter for at least five years;
6° possess a doctorate or licentiate in some sacred science or at least be an expert in it.
Canon 181 - §1. Bishops inside the territorial boundaries of the patriarchal Church are nominated to a vacant see or to fulfill another function by canonical election according to the norms of cann. 947-957, unless otherwise provided in common law.
§2. Other bishops are appointed by the Roman Pontiff without prejudice to cann. 149 and 168.
Canon 182 - §1. Candidates suitable for the episcopate can be proposed only by members of the synod of bishops of the patriarchal Church who can, according to the norm of particular law, collect information and documents which are necessary to establish the suitability of the candidates, hearing, if they think it appropriate, secretly and individually, certain presbyters or also other Christian faithful outstanding in prudence and Christian life.
§2. The bishops are to report their findings to the patriarch at a suitable time prior to the convocation of the synod of bishops of the patriarchal Church. The patriarch, if the case warrants it, adding his own additional information, transmits the matter to all the members of the synod.
§3. Unless particular law approved by the Roman Pontiff states otherwise, the synod of bishops of the patriarchal Church is to examine the names of the candidates and compile a list of the candidates by secret ballot, which is to be transmitted through the patriarch to the Apostolic See to obtain the assent of the Roman Pontiff.
§4. The assent of the Roman Pontiff once given for an individual candidate is valid until it has been explicitly revoked, in which case the name of the candidate is to be removed from the list.
Canon 183 - §1. The convocation having been canonically made, if two-thirds of the bishops who are obliged to attend the synod of bishops of the patriarchal Church are present in the designated place, not counting those who are legitimately impeded, the synod is to be declared canonical and the election can proceed.
§2. The bishops are freely to elect the one whom before all others they consider worthy and suitable before the Lord.
§3. For election an absolute majority of the votes of those present is required; after three inconclusive ballots, the votes are cast in the fourth ballot for only those two candidates who received the greatest number of votes in the third ballot.
§4. If in the third or fourth ballots, because of a tied vote, it is not established who the candidates are for the new ballot or who has been elected, the tie is decided in favor of him who is senior according to presbyteral ordination. If no one precedes the others in presbyteral ordination, the one who is senior in age.
Canon 184 - §1. If the one elected is on the list of candidates which the Roman Pontiff has already approved, he is to be informed secretly of the results of the election by the patriarch.
§2. If the one elected accepts the election, the patriarch is to notify the Apostolic See immediately of the acceptance of the election and the day of proclamation.
Canon 185 - §1. If the one elected is not on the list of candidates, the patriarch is immediately to notify the Apostolic See of the completed election in order to obtain the approval of the Roman Pontiff, secrecy being observed by all who in any way know the results of the election, even toward the one elected, until notification of the assent has reached the patriarch.
§2. After obtaining the approval of the Roman Pontiff, the patriarch secretly is to inform the one elected of the election and acts according to the norms of can. 184, §2.
Canon 186 - §1. If the synod of bishops of the patriarchal Church cannot be convened, the patriarch, after consulting the Apostolic See, can request the vote of the bishops by letter. In this case, the patriarch must employ for the validity of the act the services of two episcopal tellers, who are to be designated according to the norm of particular law, or, lacking this, by the patriarch with the consent of the permanent synod.
§2. Observing secrecy, the tellers are to open the letters of the bishops, count the votes and sign the written report of the completed ballot along with the patriarch.
§3. If one of the candidates obtains an absolute majority of the votes of the members of the synod in this one ballot, he is elected and the patriarch proceeds according to the norms of cann. 184 and 185. Otherwise the patriarch defers the matter to the Apostolic See.
Canon 187 - §1. Canonical provision is necessary for anyone to be promoted to the episcopate, by which the person is constituted the eparchial bishop of a determined eparchy or by which another determined function in the Church is committed to him.
§2. Prior to episcopal ordination the candidate is to make a profession of faith and a promise of obedience to the Roman Pontiff and, in patriarchal Churches, also a promise of obedience to the patriarch in those matters in which he is subject to the patriarch according to the norm of law.
Canon 188 - §1. Unless prevented by a legitimate impediment, one promoted to the episcopate must receive episcopal ordination within three months from the day of proclamation if it is a case of election, or from the reception of the apostolic letter if it is a case of appointment.
§2. The eparchial bishop must take canonical possession of the eparchy within four months from the day of episcopal election or appointment.
Canon 189 - §1. The eparchial bishop takes canonical possession of the eparchy by the enthronement itself, legitimately carried out, in which the apostolic or patriarchal letter of canonical provision is publicly read.
§2. Upon completion of the enthronement, a document is to be drawn up and signed by the eparchial bishop along with the chancellor of the curia and at least two witnesses and kept in the archives of the eparchial curia.
§3. Before the enthronement the bishop may not involve himself in the governance of the eparchy either personally, through others, or in virtue of any title. But if he had some office in the vacant eparchy he can retain and exercise it.
Art. II. The Rights and Obligations of Eparchial Bishops
Canon 190 - The eparchial bishop represents the eparchy in all its juridic affairs.
Canon 191 - §1. The eparchial bishop governs the eparchy entrusted to him with legislative, executive and judicial power.
§2. The eparchial bishop personally exercises legislative power; he exercises executive power either personally or through a protosyncellus or syncellus; he exercises judicial power either personally or through a judicial vicar and judges.
Canon 192 - §1. In the exercise of his pastoral function, the eparchial bishop is to show that he is concerned for all the Christian faithful who are committed to his care, regardless of age, condition, nation or Church sui iuris, both those who live within the territory of his eparchy and those who are staying in it temporarily; he is to extend his apostolic spirit also to those who cannot sufficiently make use of ordinarily pastoral care due to their condition in life as well as to those who no longer practice their religion.
§2. In a special way the eparchial bishop is to see that all Christian faithful committed to his care foster unity among Christians according to principles approved by the Church.
§3. The eparchial bishop is to consider the non-baptized as being committed to him in the Lord and see that the love of Christ shines upon them from the witness of the Christian faithful living in ecclesiastical communion.
§4. The eparchial bishop is to attend to presbyters with special concern and listen to them as assistants and advisers; he is to protect their rights and see to it that they correctly fulfill the obligations proper to their state and that means and institutions which they need are available to them to foster their spiritual and intellectual life.
§5. The eparchial bishop is to see that the families of his clerics, if they are married, be provided with adequate support, appropriate protection and social security in addition to health insurance according to the norm of law.
Canon 193 - §1. The eparchial bishop to whom the care of Christian faithful of another Church sui iuris are committed is bound by the serious obligation of providing all the things in order that these Christian faithful retain the rite of their own Church, cultivate and observe it as much as they can; he should foster relations with the higher authority of that Church.
§2. The eparchial bishop is to provide for the spiritual needs of those Christian faithful, if it is possible, through presbyters or pastors of the same Church sui iuris as the Christian faithful or even through a syncellus constituted for the care of these Christian faithful.
§3. Eparchial bishops, who appoint such presbyters, pastors or syncelli for the care of Christian faithful of patriarchal Churches, are to formulate plans of action with the patriarchs who are concerned in the matter and, if they are in agreement, act by their own authority and notify the Apostolic See as soon as possible; if the patriarchs, for any reason whatever, disagree, the matter is to be referred to the Apostolic See.
Canon 194 - The eparchial bishop can confer dignities upon clerics subject to them, others excluded, according to the norm of the particular law of their own Church sui iuris.
Canon 195 - As much as possible, the eparchial bishop is to foster priestly, diaconal and monastic vocations, vocations to institutes of consecrated life and to the missions.
Canon 196 - §1. The eparchial bishop is bound to present and explain to the Christian faithful the truths of the faith, which are to be believed and applied to moral issues by frequently preaching in person. He is also to take care that the prescriptions of the law concerning the ministry of the word of God be carefully observed, especially those about the homily and catechetical formation, so that the whole of Christian doctrine is handed on to all.
§2. He is to protect firmly the integrity and unity of the faith.
Canon 197 - The eparchial bishop, while mindful of the obligation binding him to manifest an example of holiness in charity, humility and simplicity of life, is to make every effort to promote the holiness of the Christian faithful according to the vocation of each; since he is the principal dispenser of the mysteries of God, he is to endeavor to have the Christian faithful committed to his care grow in grace through the celebration of the sacraments and especially by participation in the Divine Eucharist and especially to know and live deeply the paschal mystery so that they become one Body in the unity of the love of Christ.
Canon 198 - The eparchial bishop is to celebrate the Divine Liturgy frequently for the people of the eparchy entrusted to him; he must celebrate on the days prescribed by the particular law of his own Church sui iuris.
Canon 199 - §1. The eparchial bishop, as the moderator, promoter and guardian of the entire liturgical life in the eparchy committed to him, must be vigilant that it be fostered as much as possible and ordered according to the prescriptions and legitimate customs of his own Church sui iuris.
§2. The eparchial bishop is to see to it that in his own cathedral at least part of the divine praises are celebrated, even daily, according to the lawful customs of his own Church sui iuris; also, in any parish if possible, the divine praises are to be celebrated on Sundays, feast days, principal solemnities and their vigils.
§3. The eparchial bishop is to preside frequently at the divine praises in the cathedral or other church, especially on holy days of obligation, and on other solemnities in which a sizeable part of the people participate.
Canon 200 - The eparchial bishop can celebrate sacred functions in the entire eparchy, which are to be solemnly carried out by himself according to the prescriptions of the liturgical books and vested in all of the pontifical insignia, but not outside the boundaries of his own eparchy without the express or at least reasonably presumed consent of the eparchial bishop.
Canon 201 - §1. Since he is obliged to safeguard the unity of the entire Church, the eparchial bishop is to promote the common discipline of the Church as well as to urge the observance of all ecclesiastical laws and legitimate customs.
§2. The eparchial bishop is to be vigilant lest abuses creep into ecclesiastical discipline, especially concerning the ministry of the word of God, the celebration of the sacraments and sacramentals, the worship of God and the saints and the execution out of pious wills.
Canon 202 - The eparchial bishops of several Churches sui iuris exercising authority in the same territory are to see that, gathered for consultation in periodic meetings, they foster unity of action and through combined efforts assist in common works for the effective promotion of the good of religion and the effective protection of ecclesiastical discipline.
Canon 203 - §1. The eparchial bishop is to foster various forms of the apostolate in the eparchy and see to it that all of the works of the apostolate in the entire eparchy or in particular districts are coordinated under his direction, each one according to its own character.
§2. The eparchial bishop is to urge the obligation by which the faithful are bound to exercise the apostolate according to each one's condition and ability, and to exhort them to participate and help in the various works of the lay apostolate according to the needs of place and time.
§3. The eparchial bishop is to promote associations of the Christian faithful which pursue a spiritual purpose directly or indirectly; establishing, approving or commending them where expedient according to the norm of the law.
Canon 204 - §1. The eparchial bishop, even if he has a coadjutor or auxiliary bishop, is bound by the obligation of residing in his own eparchy.
§2. In addition to those obligations which require a legitimate absence from his own eparchy, the bishop can be absent for a just cause for not more than one continual or interrupted month, so long as the precaution is taken that the eparchy not suffer harm from his absence.
§3. The eparchial bishop, except for some grave cause, must not be absent from his eparchy on days of special solemnity established by particular law according to the tradition of his own Church sui iuris.
§4. If an eparchial bishop exercising his authority within the territorial boundaries of the patriarchal Church has been unlawfully absent beyond six months from the eparchy entrusted to him, the patriarch is immediately to defer the matter to the Roman Pontiff. In other cases this is to be done by the metropolitan or, if the metropolitan himself has been unlawfully absent, by the eparchial bishop senior in episcopal ordination and subject to that same metropolitan.
Canon 205 - §1. The eparchial bishop is bound by the obligation of canonically visiting the eparchy either entirely or in part every year so that at least every five years he himself or, if legitimately impeded, the coadjutor bishop, the auxiliary bishop, the proto-syncellus or syncellus, or some other presbyter, should canonically visit the entire eparchy.
§2. Persons, Catholic institutions, sacred things and places within the boundaries of the eparchy are subject to the canonical visitation of the eparchial bishop.
§3. The eparchial bishop can visit members of religious institutes as well as those of societies of common life in the manner of the religious who are of pontifical or patriarchal right and their houses only in the cases expressed in law.
Canon 206 - §1. The eparchial bishop exercising his authority in the territorial boundaries of a patriarchal Church is obliged to make a report every five years to the patriarch about the status of the eparchy committed to him, according to the manner set up by the synod of bishops of the patriarchal Church. The bishop is to submit a copy of the report to the Apostolic See as soon as possible.
§2. Other eparchial bishops must make the same report to the Apostolic See every five years, and, if it is a case of bishops of a patriarchal Church or metropolitan Church sui iuris, they are to send a copy of the report to the patriarch or metropolitan as soon as possible.
Canon 207 - An eparchial bishop of any Church sui iuris, even of the Latin Church, is to inform the Apostolic See on the occasion of the quinquennial report, about the status and needs of the Christian faithful who, even if they are enrolled in another Church sui iuris, are committed to his care.
Canon 208 - §1. An eparchial bishop exercising authority within the territorial boundaries of a patriarchal Church, within five years of his enthronement, is to make a visit to Rome along with the patriarch, insofar as this can be done, so that he may venerate the tombs of blessed apostles Peter and Paul and appear before the successor of Saint Peter in the primacy over the entire Church.
§2. Other eparchial bishops are to make the visitation to Rome personally every five years or, if legitimately impeded, through another; if it is a case of bishops of a patriarchal Church, it is desirable that at least some time it be done with the patriarch.
Canon 209 - §1. The eparchial bishop must commemorate the Roman Pontiff before all as a sign of full communion with him in the Divine Liturgy and the divine praises according to the prescriptions of the liturgical books and to see to it that it be faithfully done by the other clergy of the eparchy.
§2. The eparchial bishop must be commemorated by all the clergy in the Divine Liturgy and the divine praises according to the prescriptions of the liturgical books.
Canon 210 - §1. An eparchial bishop who has completed his seventy-fifth year of age or who, due to ill health or to another serious reason, has become less able to fulfill his office, is requested to present his resignation from office.
§2. This resignation from office by the eparchial bishop is to be submitted to the patriarch if it is the case of an eparchial bishop exercising authority inside the territorial boundaries of a patriarchal Church; in other cases, it is submitted to the Roman Pontiff; further, if the bishop belongs to a patriarchal Church, the patriarch is to be notified as soon as possible.
§3. To accept this resignation the patriarch needs the consent of the permanent synod, unless a request for resignation was made previously by the synod of bishops of the patriarchal Church.
Canon 211 - §1. An eparchial bishop, whose resignation from office was accepted, obtains the title of eparchial bishop emeritus of the eparchy he governed and can retain a residence in the eparchy itself unless in certain cases due to special circumstances other provisions are made by the Apostolic See or, if it is an eparchy inside the territorial boundaries of a patriarchal Church, by the patriarch with the consent of the synod of bishops of the patriarchal Church.
§2. The synod of bishops of the patriarch Church or council of hierarchs must see that suitable and dignified support is provided for eparchial bishops emeriti, with due regard for the primary obligation which rests upon the eparchy which he has served.
Art. III. Coadjutor Bishops and Auxiliary Bishops
Canon 212 - §1. If the pastoral needs of the eparchy warrant it, one or several auxiliary bishops can be appointed upon the request of the eparchial bishop.
§2. In more serious circumstances, even of a personal nature, a coadjutor bishop can be appointed ex officio with the right of succession and endowed with special powers.
Canon 213 - §1. In addition to the rights and obligations which are established in common law, a coadjutor bishop also has those which are defined in the letters of canonical provision.
§2. The patriarch himself, after having consulted the permanent synod, determines the rights and obligations of a coadjutor bishop appointed by the patriarch; but if it is the case of a coadjutor bishop who is to be granted all the rights and obligations of an eparchial bishop, the consent of the synod of bishops of the patriarchal Church is required.
§3. The rights and obligations of auxiliary bishops are those which are established by common law.
Canon 214 - §1. The coadjutor bishop and the auxiliary bishop, in order that they may take canonical possession of their office, must show the letters of canonical provision to the eparchial bishop.
§2. Furthermore, a coadjutor bishop must show these letters of canonical provision to the college of eparchial consultors.
§3. If the eparchial bishop is completely impeded, it is sufficient that the coadjutor bishop and the auxiliary bishop show the letters of Canonical provision to the college of eparchial consultors.
§4. The chancellor of the curia must be present at the presentation of the letters and is to officially record the event.
Canon 215 - §1. A coadjutor bishop takes the place of the absent or impeded eparchial bishop; he must be appointed protosyncellus; the eparchial bishop must commit to him, before others, those things which by law require a special mandate.
§2. Without prejudice to the prescription of 1, the eparchial bishop is to appoint the auxiliary bishop as protosyncellus. However, if there are several, he is to appoint one of them protosyncellus and the others as syncelli.
§3. The eparchial bishop is to consult the auxiliary bishop before others in considering matters of great importance, especially those of a pastoral nature.
§4. The coadjutor bishop and the auxiliary bishop, who are called to share in the concerns of the eparchial bishop, are to exercise their office so that they act in unanimous agreement with him in all matters.
Canon 216 - §1. The coadjutor bishop and the auxiliary bishop not detained by a just impediment must, as often as requested by the eparchial bishop, carry out the functions which the eparchial bishop himself would carry out.
§2. The eparchial bishop will not habitually commit to others those episcopal rights and functions which the coadjutor bishop and the auxiliary bishop can and wish to exercise.
Canon 217 - The coadjutor bishop and the auxiliary bishops are bound by the obligation of residing in the eparchy from which they are not to depart except for a short time unless they are fulfilling some function outside the eparchy or are on vacation, which is not to be extended beyond a month.
Canon 218 - The prescriptions of cann. 210 and 211, §2 regarding resignation from office are applicable to a coadjutor bishop or auxiliary bishop. They are to be given the title of emeriti of the office previously held.
Art. IV. The Vacant or Impeded Eparchial See
Canon 219 - The eparchial see becomes vacant at the death, resignation, transfer or privation of office of the eparchial bishop.
Canon 220 - With regard to a vacant see located inside the territorial boundaries of a patriarchal Church, in addition to cann. 225-232 and without prejudice to cann. 222 and 223, the following are to be observed:
1° the patriarch is to inform the Apostolic See as soon as possible of the vacancy of the eparchial see;
2° until the appointment of an administrator of the eparchy, the ordinary power of the eparchial bishop transfers to the patriarch, unless otherwise provided by the particular law of the patriarchal Church or by the Roman Pontiff;
3° the patriarch is to appoint an administrator of the eparchy within a month of available time from the reception of notice of the vacancy of the eparchial see, after consulting the bishops of the patriarchal curia, if there are any, otherwise after consulting the permanent synod. If the month elapses and this is not done, the appointment of an administrator devolves to the Apostolic See;
4° the administrator of the eparchy, after making the profession of faith in the presence of the patriarch obtains authority, but is not to exercise it unless he has taken canonical possession of the office by presenting the letters of his appointment to the college of eparchial consultors;
5° the patriarch is to see that a worthy and suitable eparchial bishop be assigned to the vacant eparchial see as soon as possible, but not beyond the limits established by common law.
Canon 221 - Except for the vacant eparchial sees mentioned in can. 220, in other cases of a vacant eparchial see, the following are to be observed in addition to cann. 225-232 and without prejudice to cann. 222 and 223:
1° the metropolitan, or otherwise the one who, according to the norm of can. 271, §5, presides over the college of eparchial consultors, is to inform the Apostolic See as soon as possible of the vacancy of the see and, if it is an eparchy of a patriarchal Church, the patriarch;
2° until the appointment of an administrator the governance of the eparchy, unless otherwise provided by the Apostolic See, transfers to the auxiliary bishop or, if there are several, to the one senior by episcopal ordination or, if there is no auxiliary bishop, to the college of eparchial consultors. They govern the eparchy with that authority which common law accords to a protosyncellus;
3° the college of eparchial consultors must elect an administrator of the eparchy according to the norm of the canons on elections within eight days from the reception of the news of the vacancy of the eparchial see; for validity of the election, an absolute majority of the votes of the members of this same college is required;
4° if within eight days, the administrator of the eparchy has not been elected or if the one elected lacks the conditions required in can. 227, §2 for the validity of the election, the appointment of an administrator of the eparchy devolves to the metropolitan or, if none exists or he is impeded, to the Apostolic See;
5° the administrator of an eparchy legitimately elected or appointed immediately obtains authority and does not need any confirmation. As soon as possible he is to inform the Apostolic See of his election or of his appointment by the metropolitan and, if he belongs to a patriarchal Church, also the patriarch.
Canon 222 - The coadjutor bishop, provided that he has already taken canonical possession of his office, upon the vacancy of the eparchial see becomes by the law itself, the administrator of the eparchy until he has been enthroned as the eparchial bishop.
Canon 223 - In the case of a transfer to another eparchial see, the eparchial bishop must take canonical possession of the new eparchy within two months from the notification of the transfer. In the interim, in the former eparchy:
1° he has the rights and obligations of the administrator of the eparchy;
2° he retains the honorific privileges of eparchial bishops;
3° he continues to receive the entire income of the previous office.
Canon 224 - §1. When the see becomes vacant, the protosyncellus and the syncelli immediately cease from office unless they are:
1° ordained bishops;
2° constituted in the eparchy of the patriarch;
3° constituted in an eparchy located inside the territorial boundaries of a patriarchal Church, until the administrator of the eparchy takes canonical possession of his office.
§2. Those things legitimately done by the protosyncellus and syncelli have full force until they have received certain notice of the vacancy of the eparchial see; when the vacancy is certain, they cease from office immediately.
§3. When the eparchial see is vacant, the auxiliary bishop retains the power which he enjoyed as protosyncellus or syncellus when the see was occupied and which is conferred upon him by the law; this authority is to be exercised under the authority of the administrator of the eparchy unless otherwise determined by the Apostolic See or by the particular law of his own patriarchal Church.
Canon 225 - §1. Only one person is to be elected or appointed administrator of the eparchy and all contrary customs are reprobated.
§2. If the eparchial finance officer becomes the administrator of the eparchy another interim eparchial finance officer is to be elected by the council for economic affairs.
Canon 226 - In the process of constituting the administrator of an eparchy neither the patriarch nor the college of eparchial consultors can retain any part of the authority for themselves nor determine a time limit for holding the office or establish any other restriction.
Canon 227 - §1. The administrator of an eparchy is to manifest integrity, piety, sound doctrine and prudence.
§2. Only a bishop or a presbyter who is not bound by the bond of matrimony, who has completed thirty five years of age and who has not already been elected, proposed, appointed or transferred to the same vacant see can be validly elected or appointed to the office of administrator of the eparchy. If these conditions have been neglected, the acts of the one elected or appointed are null by the law itself.
Canon 228 - §1. When the see is vacant there are to be no innovations.
§2. Those who temporarily care for the governance of the eparchy are prohibited from doing anything which could be prejudicial to the eparchy or episcopal rights. They themselves and all other persons are specifically prohibited from removing, destroying or altering any documents of the eparchial curia either personally or through another.
Canon 229 - The administrator of the eparchy has the same rights and obligations as the eparchial bishop, unless the law provides otherwise or it is evident from the nature of the matter.
Canon 230 - Unless otherwise lawfully provided:
1° the administrator of an eparchy has the right to an appropriate remuneration to be established by particular law or determined by lawful custom and which is to be taken from the goods of the eparchy;
2° the other income accruing to the eparchial bishop during the time when the eparchial see is vacant is reserved to the future eparchial bishop for the needs of the eparchy, observing the prescriptions of the particular law which define the manner in which the income must be spent.
Canon 231 - §1. The resignation of the administrator of an eparchy is to be made to the patriarch if he designated the administrator, otherwise to the college of eparchial consultors, in which case it is not necessary that it accept the resignation for it to be valid.
§2. The removal of an administrator of an eparchy inside the territorial boundaries of a patriarchal Church is the competency of the patriarch with the consent of the permanent synod, otherwise, it is reserved to the Apostolic See.
§3. After the death, resignation or removal of the administrator of the eparchy, a new one is constituted by the same authority and in the same manner as prescribed for the previous one.
§4. The administrator of an eparchy ceases to hold office when the new eparchial bishop takes Canonical possession of the eparchy. The new eparchial bishop can require an account of his administration.
Canon 232 - §1. When the eparchial see is vacant the eparchial finance officer carries out his office under the authority of the administrator of the eparchy. The administration of the ecclesiastical goods which on account of the vacancy of the eparchial see do not have an administrator reverts to him, unless the patriarch or college of eparchial consultors have provided otherwise.
§2. For the resignation or removal of the eparchial finance officer when the see is vacant, the norms of can. 231, §§1 and 2 are to be observed.
§3. Inside the territorial boundaries of the patriarchal Church, if the eparchial finance officer lost the right to his office in any manner, the election or appointment of a new finance officer is the competency of the patriarch after having consulted the bishops of the patriarchal curia, if there are any, otherwise, having consulted the permanent synod. In other cases the finance officer is elected by the college of eparchial consultors.
§4. The eparchial finance officer must give an account of his administration to the new eparchial bishop, and, after he has given it, he ceases to hold office unless he is confirmed in his office by the same bishop.
Canon 233 - §1. When the eparchial see is impeded by captivity, banishment, exile or incapacity of the eparchial bishop, so that he is not able to communicate even by letter to the Christian faithful committed to him, the governance of the eparchy is the responsibility of the coadjutor bishop, unless otherwise provided by the patriarch with consent of the permanent synod in eparchies located inside the territorial boundaries of the Church over which he presides or by the Apostolic See. If there is no coadjutor or if he is impeded, it is the responsibility of the protosyncellus or syncellus or another suitable priest designated by the eparchial bishop. By the law itself, the priest enjoys the rights and obligations of a protosyncellus. At a suitable time the eparchial bishop can designate several who are to succeed one another in office.
§2. If there are none of the above or they are impeded from assuming the governance of the eparchy, the college of eparchial consultors is to elect a priest who is to govern the eparchy.
§3. One who takes up the governance of an eparchy within the territorial boundaries of a patriarchal Church is to notify the patriarch as soon as possible about the impeded eparchial see and of his assumption of office. In other cases he is to inform the Apostolic See and, if he belongs to a patriarchal Church, the patriarch as well.
Art. V. Apostolic Administrators
Canon 234 - §1. The governance of an eparchy, whether occupied or vacant, is sometimes entrusted by the Roman Pontiff to an apostolic administrator due to serious and special reasons.
§2. The rights, obligations and privileges of the apostolic administrator are determined by his letters of appointment.
Chapter II. Organs Assisting the Eparchial Bishop in the Governance of the Eparchy
Art. I. The Eparchial Assembly
Canon 235 - The eparchial assembly assists the eparchial bishop in those things which regard the special needs or advantage of the eparchy.
Canon 236 - The eparchial assembly is convened as often as circumstances warrant it in the judgment of the eparchial bishop after he has consulted the presbyteral council.
Canon 237 - §1. It is the right of the eparchial bishop to convene the eparchial assembly and to preside over it personally or through another, to transfer, postpone, suspend, or dissolve it.
§2. If the eparchial see becomes vacant, the eparchial assembly is suspended by the law itself until the new eparchial bishop issues a decree on the matter.
Canon 238 - §1. The following are to be summoned to the eparchial assembly and must be present for it:
1° the coadjutor bishop and the auxiliary bishops;
2° the protosyncellus, syncelli, judicial vicar and eparchial finance officer;
3° the eparchial consultors;
4° the rector of the eparchial major seminary;
5° the protopresbyters;
6° at least one pastor from each district, to be elected by all of those who actually have the care of souls, the protopresbyter presiding over the election; another presbyter is to be elected as an alternate to fill in for him if he is impeded;
7° the members of the presbyteral council and some delegates of the pastoral council, if it exists, elected by the same council in the manner and number established by particular law;
8° some deacons elected according to the norms of particular law;
9° superiors of monasteries sui iuris and some superiors of other institutes of consecrated life which have houses in the eparchy, to be elected in the manner and number established by particular law;
10° lay people elected by the pastoral council, if it exists, or designated in some other manner determined by the eparchial bishop so that the number of lay people does not exceed one-third of the members of the eparchial assembly.
§2. The eparchial bishop, if he judges it opportune, can invite to the eparchial assembly others also, not excluding persons of other Churches sui iuris, to all of whom he can even grant the right to vote.
§3. Some observers from non-Catholic Churches or ecclesial communities can also be invited to the eparchial assembly.
Canon 239 - Those who must be present at the eparchial assembly, if detained by a legitimate impediment, cannot send proxies who would attend in their name at the eparchial assembly, but must notify the eparchial bishop of the impediment.
Canon 240 - §1. With due regard for the right of any Christian faithful to pose questions to be treated at the eparchial assembly, only the eparchial bishop is to determine the matters to be discussed in that assembly.
§2. At a suitable time the eparchial bishop is to appoint one or several commissions whose duty it is to prepare the matters to be discussed in the assembly.
§3. The eparchial bishop is also to see that, at a suitable time, all who are summoned to the assembly are given an agenda of the matters to be discussed.
§4. All of the proposed questions are to be submitted to free discussion in the sessions of the eparchial assembly.
Canon 241 - The eparchial bishop is the sole legislator in the eparchial assembly, the votes of others being only consultative. He is the only one who signs the decisions which have been made in the eparchial assembly which, if they are promulgated in the same assembly, begin to oblige immediately unless expressly provided otherwise.
Canon 242 - The eparchial bishop is to communicate the text of the laws, declarations and decrees which have been decided upon at the eparchial assembly to the authority which the particular law of his Church sui iuris has determined.
Art. II. The Eparchial Curia
Canon 243 - §1. The eparchial bishop is to have an eparchial curia in his see which assists him in the governance of the eparchy committed to him.
§2. To the eparchial curia belong the protosyncellus, syncelli, judicial vicar, eparchial finance officer and council for economic affairs, chancellor, eparchial judges, promoter of justice and defender of the bond, notaries and other persons assigned by the eparchial bishop for properly fulfilling the offices of the eparchial curia.
§3. If it is necessary or useful for the eparchy the eparchial bishop can establish other offices in the eparchial curia.
Canon 244 - §1. The appointment and removal from office of those who exercise an office in the eparchial curia belongs to the eparchial bishop.
§2. All who are admitted to an office in the eparchial curia must:
1° make a promise to carry out the office faithfully in the manner determined by the law or by the eparchial bishop;
2° observe secrecy within the limits and according to the manner determined by the law or by the eparchial bishop.
1° The Protosyncellus and the Syncelli
Canon 245 - In each eparchy a protosyncellus is to be appointed who, endowed with ordinary vicarious power according to the norm of common law, assists the eparchial bishop in governing the whole eparchy.
Canon 246 - As often as the correct governance of the eparchy requires it, one or several syncelli can be appointed who, in a determined section of the eparchy, in certain types of business or with regard to the Christian faithful enrolled in another Church sui iuris or a certain group of persons, have by the law itself the authority which common law attributes to the protosyncellus.
Canon 247 - §1. The protosyncellus and the syncelli are freely appointed by the eparchial bishop and can freely be removed by him without prejudice to can. 215, §§1 and 2.
§2. The protosyncellus and the syncellus are to be celibate presbyters unless the particular law of their Church sui iuris has established otherwise, insofar as it is possible, they should be from the clergy enrolled in the eparchy, not less than thirty years of age, have a doctorate or licentiate or at least be expert in some sacred science, of sound doctrine, uprightness, prudence and experience in handling matters.
§3. The eparchial bishop is not to commit the office of protosyncellus or syncellus to his blood relatives up to the fourth degree inclusive.
§4. The eparchial bishop can take the protosyncellus or syncelli from another eparchy, even of another Church sui iuris, but with the consent of their eparchial bishop.
Canon 248 - §1. Unless otherwise expressly determined by common law, the protosyncellus in the entire eparchy and the syncelli within the limits of the office committed to them, exercise the same executive powers of governance as the eparchial bishop, excepting those things which the eparchial bishop has reserved to himself or to others or which by law require his own special mandate, by which the act is null if the required mandate is not obtained.
§2. To the protosyncellus and the syncelli within the limits of their competence belong also the habitual faculties granted by the Apostolic See to the eparchial bishop as well as the execution of rescripts of the Apostolic See or of the patriarch, unless otherwise expressly provided or for which the eparchial bishop has been chosen on account of his personal qualifications.
Canon 249 - The protosyncellus and the syncelli must report to the eparchial bishop on the principal matters which are to be treated and which have been treated and they are never to act contrary to his will or mind.
Canon 250 - The protosyncellus and the syncelli who are presbyters have, during the time they hold office, the privileges and insignia of the first dignity after the episcopal dignity.
Canon 251 - §1. The protosyncellus and the syncelli cease from office after the completion of the term, resignation accepted by the eparchial bishop, or removal.
§2. When the eparchial see is vacant, can. 224 concerning the protosyncellus and the syncelli shall be observed.
§3. With the suspension of the office of the eparchial bishop, the authority of the protosyncellus and the syncelli is suspended unless they are ordained bishops.
2° The Chancellor, Other Notaries and the Archives of the Eparchial Curia
Canon 252 - §1. In the eparchial curia a chancellor is to be appointed who is to be a presbyter or deacon and whose principal obligation, unless otherwise established by the particular law, is to see that the acts of the curia are gathered and arranged as well as preserved in the archives of the eparchial curia.
§2. If it seems necessary the chancellor can be given an assistant whose title is vice-chancellor.
§3. The chancellor as well as the vice-chancellor are by the law itself notaries of the eparchial curia.
Canon 253 - §1. Besides the chancellor other notaries can be appointed whose signature establishes the authenticity of any acts whatsoever, of judicial acts only or of the acts of a certain case or transaction only.
§2. Notaries are to be of good character and above reproach; a priest must be the notary in cases in which the reputation of a cleric can be called into question.
Canon 254 - It is the notaries' duty:
1° to write the acts and documents relating to decrees, dispositions, obligations or other tasks whic