CODE OF CANONS OF THE EASTERN CHURCHES : TITLE IV - THE PATRIARCHAL CHURCHES

 CODE OF CANONS OF THE EASTERN CHURCHES : TITLE IV - THE PATRIARCHAL CHURCHES

 CODE OF CANONS OF THE EASTERN CHURCHES : TITLE IV - THE PATRIARCHAL CHURCHES

TITLE: IV

THE PATRIARCHAL CHURCHES

 

Can. 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.

 

Can. 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.

 

Can. 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 gravest reason and with the consent of the synod of bishops of the patriarchal Church and the assent of the Roman Pontiff.

 

Can. 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.

 

Can. 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.

 

Can. 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 tile 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.

 

Can. 61 - A patriarch can have a procurator at the Apostolic See appointed by him with the prior assent of the Roman Pontiff.

 

Can. 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

 

Can. 63 – A patriarch is canonically elected in the synod of bishops of the patriarchal Church.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 67 – In the election of a patriarch can. 947-957 are to be observed, every contrary custom being reprobated unless it is established otherwise by common law.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 71 - §1. The positions of tellers and secretary can also be filled by priests and deacons according to the norms 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.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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

 

Can. 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.

 

Can. 79 – The patriarch represents the patriarchal Church in all its juridical affairs.

 

Can. 80 – The patriarch is:

          1º to exercise the rights and to fulfill the obligations of a metropolitan in all places where provinces are not erected;

          2º to supply for the negligence of metropolitans according to the norm of law;

          3º to exercise the rights and to fulfill the obligations of a metropolitan in the entire province during the vacancy of a metropolitan see;

          4º 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.

 

Can. 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.

 

Can. 82 - §1. By his own right the patriarch can:

          1º 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;

          2º 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;

          3º 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.

 

Can. 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.

 

Can. 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 judgement, 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.

 

Can. 85 - §1. For the 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:

          1º to give to an eparchial bishop a coadjutor bishop or auxiliary bishop, observing can. 181, §1 and 182 – 187 and 212;

          2º 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.

 

Can. 86 - §1. The patriarch is competent:

          1º to give a patriarchal letter of canonical provision to a metropolitan or a bishop;

          2º to ordain metropolitans either personally or, if impeded, through other bishops, and, if particular law thus stipulates, also to ordain all bishops;

          3º 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.

 

Can. 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 patriarchal curia by the synod of bishops of the patriarchal Church according to the norms of can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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 juridical 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 juridical person in all matters regarding their function or office.

 

Can. 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.

 

Can. 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 specially 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.

 

Can. 93 – The patriarch is to reside in his see and is not to be absent from it except for a canonical reason.  

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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, it there are any, otherwise, the two eparchial bishops who are senior according to episcopal ordination, will act in their place in the case.

 

Can. 101 – In his own eparchy, in stauropegial monasteries and other places whether 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 PATRIARCHAL CHURCHES

 

Can. 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 can. 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.

 

Can. 103 – The patriarch is to convoke the synod of bishops of the patriarchal Church and to preside over it.

 

Can. 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.

 

Can. 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.

 

Can. 106 - §1. The synod of bishops of the patriarchal Church must be convoked whenever:

          1º 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;

          2º the patriarch, with the consent of the permanent synod, judges it necessary;

          3º 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.

 

Can. 107 - §1. Unless particular law requires more and with due regard for can. 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 can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 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 judgement of the synod.

 

Can. 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.

 

Can. 113 – The synod of bishops of the patriarchal Church is to draw up its statues 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

 

Can. 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, in as much as it is possible, are not to be conferred upon the same persons.

 

Can. 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 at 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 in so far 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.

 

Can. 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.

 

Can. 117 – The president and all other members of the synod who were present at the synod must sign the acts of the synod.

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 121 – If for a serious reason in the judgement 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.

 

Can. 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.

 

Can. 123 - §1. In the patriarchal curia there is to be appointed by the patriarch a priest or deacon above al 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 can. 253-254 are to be applied; he can also freely remove these notaries from office.

 

§3. Concerning the archives of the patriarchal curia, can. 256-260 are to be observed.

 

Can. 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 of persons appointed by the patriarch; they also are governed by norms established by him, unless the law provides otherwise.   

 

Can. 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

 

Can. 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.

 

Can. 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.

 

Can. 128 – The administrator of the patriarchal Church is:

          1º immediately to inform the Roman Pontiff and all the bishops of the patriarchal Church of the vacancy of the patriarchal see;

          2º 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;

          3º 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.

 

Can. 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 an administrator of a vacant eparchy.

 

Can. 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.

 

Can. 131 – The administrator of a patriarchal Church must account as soon as possible for his administration to the new patriarch.

 

Can. 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

THE METROPOLITANS OF THE PATRIARCHAL CHURCH

 

Can. 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:

          1º to ordain and enthrone bishops of his province within the time determined by law with due regard for can. 86, §1, n. 2;

          2º 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;

          3º to erect a metropolitan tribunal;

          4º to oversee that the faith and ecclesiastical discipline are accurately observed;

          5º to conduct a canonical visitation, if the eparchial bishop neglected it;

          6º 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.

 

Can. 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.

 

Can. 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.

 

Can. 136 – A metropolitan who presides over a province precedes everywhere a titular metropolitan.

 

Can. 137 – The synod of bishops of the patriarchal Church is to define more precisely the rights and obligations of metropolitan and of the metropolitan synods according to the legitimate customs of its own patriarchal Church and also the circumstances of time and place.

 

Can. 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 can. 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.

 

Can. 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

 

Can. 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.

 

Can. 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.

 

Can. 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.

 

Can. 143 - §1. To the patriarchal assembly are to be convoked:

          1º eparchial bishops and other local hierarchs;

          2º titular bishops;

          3º presidents of monastic confederations, superiors’ general of institutes of consecrated life and superiors of monasteries sui iuris;

          4º 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;

          5º rectors of major seminaries;

          6º 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 statues 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 statues.

 

§4. To the patriarchal assembly can also be invited some observers from other Churches or non-Catholic ecclesial communities.

 

Can. 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.

 

§1. Through prior appropriate commissions and consultations, the patriarch is to see that all the questions are adequately drawn up and send to the members of the assembly at an opportune time.

 

Can. 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 THE PATRIARCHAL CHURCH AND THE POWER OF THE PATRIARCH AND SYNODS OUTSIDE OF THIS TERRITORY

 

Can. 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.

 

Can. 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.

 

Can. 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 though 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.

 

Can. 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.

 

Can. 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.       

 CODE OF CANONS OF THE EASTERN CHURCHES : TITLE IV - THE PATRIARCHAL CHURCHES