CODE OF CANONS OF THE EASTERN CHURCHES / TITLE:III
CODE OF CANONS OF THE EASTERN CHURCHES / TITLE:III
TITLE: III
THE SUPREME AUTHORITY OF THE CHURCH
Can. 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
Can. 43 – The bishop of the church of Rome, in whom resides the office (munus)
given in special way by the Lord of 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.
Can. 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.
Can. 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.
Can. 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.
Can. 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.
Can. 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
Can. 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.
Can. 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.
Can. 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.
Can. 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.
Can. 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.
Can. 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.
CODE OF CANONS OF THE EASTERN CHURCHES / TITLE:III
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