church law and church mergers With this topic I've been my membership of the church board of a Catholic parish concerned (NRW, Münster diocese) since November 2009 a little closer. A big merger with 9 previously independent churches is here in Haltern am Lagoon. Substance, the merger with the priest shortage, the dwindling number of church members and a lack of willingness of community members to participate and with the declines in church tax revenue. From a legal point of view the interplay of church law and the law of North Rhine-Westphalia state church law is interesting. I'd like to see in a slightly longer post the position.
A parish is to canon 515 § 1 "a certain community of believers, the church is built in a part of life and their pastoral care under the authority of the diocesan bishop, a priest other than their entrusted to their pastoral is "entrusted to shepherd Can 519 confirmed this.." own "This definition recognizes that a parish is independent in their existence on the presence of a priest, for he is as you." The pastor is the proper shepherd of the parish entrusted to him. "legitimately erected parish has acc. can. 515 § 3 as of right, legal personality. It is a public legal person (Canon 116). A legal person is acc. can. 120 § 1" of their nature indefinitely, but it expires if it is revoked by the competent authority legally "from these provisions seems to lead to so conclude. that the very existence of a parish in principle only one not dependent on that in every parish a priest operates. This is confirmed by the can. 517 § 2, which is the possibility that even a layman may be involved in the pastoral duties: "If the diocesan bishop believes because of a shortage of priests, a deacon or other person who has not received the priesthood, or community of People involved in the exercise of the pastoral care of a parish to have, he has a certain priest, who, endowed with the powers and authority of a pastor, heads the chaplaincy. "The fact that there is a shortage of priests There is so close by itself no reason for a parish. The pastoral care tasks must then only be distributed differently.
The management function of a priest refers to the church law, however, not only to the pastoral care, but also on asset management: In all transactions represents the priest, the parish ... he has to make sure that the assets of the parish in accordance with the Canons. 1281 - 1288 is maintained (Canon 532). Is a responsible minister determines that may also be necessary, responsible for several parishes, but is also a requirement can be met. Another question is, how much managing a priest, the number of municipalities has is unreasonable. This would require, in my view, but organizational measures can be established to bring a relief there. Instead, a resolution to have a parish, is the simplest means - but also the right thing?
changes the legal independence of a parish not alter the fact that the diocesan bishop according. . Can 515 § 2 and others decide on their existence remain. Admittedly, the Priests are heard, but the sole decision-making power rests with the bishop. Theoretically, according to the cic given redress can not, because the bishop is certainly not from a preconceived decision to deviate is.
The Law on the Administration of the Catholic Church property on 24 July 1924, in force in North Rhine-Westphalia and Rhineland-Palatinate in the nearest part of the Archdiocese of Cologne, contains no provision that affects the survival of the individual parish. Only a merger between parishes to withdraw from his association or the relevant decisions of the respective church boards are required by law. If a single congregation dissolved, has affected the church council by virtue of that Asset Management Act no power to act.
However, there are between the State of North Rhine-Westphalia and the dioceses in NRW an agreement in 1960, which governs the state participation in the formation and change of Catholic parishes. After that is a public recognition for changes (ie including mergers) are necessary (§ 1 of that agreement). State recognition is applied to the governor, after the diocesan bishop has taken a church instrument of change following the canonical rules (§ 2). Recognition may be refused only if there are specific requirements that are attached to the application for recognition, (§ 5 in connection with § 3 of the agreement). And only here at one point of the parish council powers come into play: the Application for state recognition include attached "... c) decisions on any property disputes and a list of the immovable assets of the church, if that is not already listed in the property disputes. Now the question is whether a merger is associated with a property dispute in accordance with this agreement. If so, the church council had a say, if not, he would be sidelined. To date, always proceeded from the dioceses and the district president of a so-called universal succession. Prime example of this is civil law, the hereditary succession: the legacy is not More in the status of the deceased one. There are no contracts to necessary. Lack of debate over the assets of the dissolved municipalities - it is easily applicable to the newly established parish of -., The Church Council here also no powers
If a parish council or a community against a Fusion, is as good as any opportunity to defend yourself. And then the call is communicated to the merger on the part of the central authority is not sufficient to result not only anger but also the feeling that other approaches are desirable. A merger may make sense in some cases, when out of economic necessity as a last resort to save costs in personnel, buildings, etc. is used. The need for area-wide mergers, to eliminate the shortage of priests or attract more people to participate in the communities is not apparent. Working in large municipalities must have a pastoral team, because a single senior pastor can not afford all pastoral duties. The church council will have to make many committees to regulate the resulting in a large local government activity. Whether such large structures are then lead to easier and cheaper to doubt strong. The individualization is a social problem of our time, which affects not only churches but also many other Instituionen, clubs, etc. Therefore:
I was interested to learn whether municipalities merged in the problems that have been cited as reasons for the merger are, have been solved just by the resolution of the communities or whether what has been achieved would not have without the merger may create. (Copyright ago)
